Q1. How do I make an application for proceedings before a Court of Summary Jurisdiction or a warrant for further detention?
You will need to make an application to representation lower.
The information and documents required will depend on the nature of the proceedings but the following should be noted:
- Save for warrants of further detention (see below) all applications are subject to the usual merits criteria – applications must therefore carefully address prospects of success and cost benefit as described in the Part B guidance.
- Applications must identify the specific statutory provision under which the hearing will take place, the nature of the hearing and whether it is likely to be opposed.
- Many applications relate to some pre-existing order or register – see for example applications to vary or discharge a Sexual Offences Prevention Order; in all such cases it is essential that a copy of the relevant order is included with the application.
- Relevant correspondence relating to the application must also be submitted.
- Confirmation of the hearing and the client’s need for legal representation
- We will require a notice of the hearing and ground supplied by the police
For guidance on how to upload a document in LAMS, refer to ‘Uploading a document’ in the Instructional Videos.
Certificates relating to PACE will usually be unlimited.