Legal Aid Act 1988

32 Selection and assignment of legal representatives. E+W

(1) Subject to the provisions of this section, a person entitled to receive advice or assistance or representation may [F1 select—

(a) the solicitor to advise or assist or act for him, and

(b) if the case requires counsel, his counsel,

from among the solicitors and counsel willing][F1 select the legal representative to advise, assist or act for him from among the legal representatives willing]to provide advice, assistance or representation under this Act.

(2) Where the Board limits a grant of representation under Part IV to representation in pursuance of a contract made by the Board, it may, as it thinks fit, assign to the legally assisted person [F2 a solicitor or a solicitor and counsel or direct that he may only select a solicitor from among those with whom such a contract subsists.][F2 one or more legal representatives or direct that he may only select a legal representative from among those with whom such a contract subsists.]

(3) A person’s right to select his [F3 solicitor or counsel][F3 legal representative]is subject, in the case of representation under Part V, to regulations under subsection (8) below.

(4) Subsection (1) above does not confer any right of selection in relation to proceedings under section 29 for the purposes of proceedings for contempt.

(5) Where a court grants representation to a person for the purposes of proceedings for contempt, it may assign to him for the purposes of the proceedings any [F4 counsel or solicitor][F4 legal representative]who is within the precincts of the court at the time.

(6) The selection by or assignment to a person of [F5 solicitor or counsel][F5 a legal representative]shall not prejudice the law and practice relating to the conduct of proceedings by a [F3 solicitor or counsel][F3 legal representative]or the circumstances in which a [F3 solicitor or counsel][F3 legal representative]may refuse or give up a case or entrust it to another.

(7) Regulations may provide that the right conferred by subsection (1) above shall be exercisable only in relation to [F6 solicitors][F6 legal representatives]who are for the time being members of a prescribed panel.

(8) Regulations may provide as respects representation under Part V that subsection (1) above shall not apply in cases of any prescribed description and that in any such case a prescribed authority shall assign [F7 solicitor or counsel or solicitor and counsel][F7 one or more legal representatives]in accordance with regulations under section 2(7) to the person entitled to receive such representation.

[F8 (9) No solicitor or counsel who is for the time being excluded from legal aid work under section 47(2) of the M1 Solicitors Act 1974 (powers of Solicitors Disciplinary Tribunal) or section 42 of the M2 Administration of Justice Act 1985 (exclusion of barristers from legal aid work) may be selected or assigned under this section.]

[F8 (9) None of the following persons may be selected or assigned under this section—

(a) a solicitor who is for the time being excluded from legal aid work under section 47(2) of the Solicitors Act 1974 (powers of Solicitors Disciplinary Tribunal);

(b) a barrister excluded from such work under section 42 of the Administration of Justice Act 1985 (exclusion of barristers from legal aid work);

(c) any other legal representative excluded from such work for disciplinary reasons by an authorised body.]

(10) Notwithstanding subsection (1) above, a [F9 solicitor][F9 legal representative]who has been selected to act for a person under that subsection may himself select to act for that person, as the [F10 solicitor’s][F10 legal representative’s]agent, any other [F9 solicitor][F9 legal representative]who is not for the time being excluded from selection.

Textual Amendments

F1 Words “select the legal representative to advise, assist or act for him from among the legal representatives willing ” substituted (prosp.) for the words from “select ” to “willing ” by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 124(3), 125(3), Sch. 18 para. 62(2)(a)

F2 Words “one or more legal representatives or direct that he may only select a legal representative from among those with whom such a contract subsists. ” substituted (prosp.) for the words from “a solicitor or ” onwards by Court and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18, para. 62(2)(b)

F3 Words “legal representative ” substituted (prosp.) for “solicitor or counsel ” by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18 para. 63(3)(a)

F4 Words “legal representative ” substituted (prosp.) for “Counsel or solicitor ” by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18 para. 63(3)(b)

F5 Words “a legal representative ” substituted (prosp.) for “solicitor or counsel ” by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18 para. 63(1)(b)

F6 Words “legal representatives ” substituted (prosp.) for “solicitors ” by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18 para. 63(5)(a)

F7 Words “one or more legal representatives ” substituted (prosp.) for “solicitor or counsel or solicitor and counsel ” by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18 para. 62(2)(c)

F8 S. 32(9) beginning “None of the following persons ” substituted (prosp.) for s. 32(9) beginning “No solicitor or counsel ” by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18 para. 62(2)(d)

F9 Words “legal representative ” substituted (prosp.) for “solicitor ” by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18 para. 63(4)

F10 Words “legal representative's ” substituted (prosp.) for “solicitor's ” by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18 para. 63(2)

Modifications etc. (not altering text)

C1 S. 32(8) restricted (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 59(2), 124(3)

Marginal Citations

M1 1974 c. 47.

M2 1985 c. 61.