The Criminal Procedure Rules 2015

Notice of appointment, etc. of legal representative: general rules

This section has no associated Explanatory Memorandum

46.2.—(1) This rule applies—

(a)in relation to a party who does not have legal aid for the purposes of a case;

(b)where such a party—

(i)appoints a legal representative for the purposes of the case, or

(ii)dismisses such a representative, with or without appointing another;

(c)where a legal representative for such a party withdraws from the case.

(2) Where paragraph (1)(b) applies, that party must give notice of the appointment or dismissal to—

(a)the court officer;

(b)each other party; and

(c)where applicable, the legal representative who has been dismissed,

as soon as practicable and in any event within 5 business days.

(3) Where paragraph (1)(c) applies, that legal representative must, as soon as practicable, give notice to—

(a)the court officer;

(b)the party whom he or she has represented; and

(c)each other party.

(4) Any such notice—

(a)may be given orally, but only if—

(i)it is given at a hearing, and

(ii)it specifies no restriction under paragraph (5)(b) (restricted scope of appointment);

(b)otherwise, must be in writing.

(5) A notice of the appointment of a legal representative—

(a)must identify—

(i)the legal representative who has been appointed, with details of how to contact that representative, and

(ii)all those to whom the notice is given;

(b)may specify a restriction, or restrictions, on the purpose or duration of the appointment; and

(c)if it specifies any such restriction, may nonetheless provide that documents may continue to be served on the represented party at the representative’s address until—

(i)further notice is given under this rule, or

(ii)that party obtains legal aid for the purposes of the case.

(6) A legal representative who is dismissed by a party or who withdraws from representing a party must, as soon as practicable, make available to that party such documents in the representative’s possession as have been served on that party.