The Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

Withdrawal and revocation of legal aid orders

41.—(1) A legal aid order may be withdrawn–

(a) where the legally assisted person declines to accept the terms on which a grant of representation may be made;

(b) at the request of the legally assisted person;

(c) in accordance with the provisions of regulation 50.

(2) Where two legal aid orders are made in respect of the same proceedings, the second order so made shall be deemed to be of no effect and shall be withdrawn as if the legally assisted person had made a request under paragraph (1)(b) above.

(3) An order withdrawing a legal aid order shall be in Form 14 and a copy of it shall be sent to–

(a) the legally assisted person, or

(b) the solicitor assigned or to counsel (where counsel only is assigned); and

(c) where the legal aid order is withdrawn by the area committee, to the proper officer of the court to which the application for withdrawal was made.

(4) Where a legal aid order is withdrawn–

(a) the counsel assigned shall send all papers and other items in his possession relating to the proceedings to the solicitor assigned or (where no solicitor was assigned) to the legally assisted person; and

(b) the solicitor assigned shall send all papers and other items in his possession relating to the proceedings to the legally assisted person.

(5) Where a legal aid order is revoked under regulation 36(3), the foregoing paragraphs of this regulation shall apply, with any necessary modifications, as if the order had been withdrawn.