
1 
These Regulations may be cited as the Criminal Defence Service (Choice in Very High Cost Cases) Regulations 2001 and shall come into force on 2nd April 2001.
2 
In these Regulations:
 “the Commission” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999;
 “current representatives” means the representatives named on the representation order and any advocate currently instructed in the case;
 “funded services” means services which are provided directly for a client and funded for that client as part of the Criminal Defence Service under sections 12 to 18 of the Access to Justice Act 1999;
 “representation order” means a document granting a right to representation; and
 “a Very High Cost Case” is a case with regard to which:
(a) if the case proceeds to trial, that trial would be likely to last for 25 days or longer; or
(b) the defence costs with regard to any one defendant (or group of defendants represented by the same firm of solicitors) are likely to amount to £150,000 or greater (such sum to include the solicitor’s fees and disbursements, counsel’s fees, and VAT).
3 

(1) Paragraph (2) applies where:
(a) a representation order has been granted in relation to a Very High Cost Case; and
(b) the Commission proposes to enter into an individual contract for the provision of funded services in relation to that case; and either
(c) the Commission serves notice that it does not propose to enter into such a contract with any, or all, of the current representatives; or
(d) any or all of the current representatives serves notice that they do not propose to enter into such a contract.
(2) Where this paragraph applies:
(a) the Commission is no longer required to fund representation by the relevant current representative referred to in paragraph (1)(c) or (d);
(b) the person in whose favour the representation order was granted may select a different representative chosen in accordance with The Criminal Defence Service (General) Regulations; and
(c) the Commission may amend the representation order accordingly.
Signed by the authority of the Lord Chancellor
Willy Bach
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 25th March 2001