The Criminal Procedure Rules 2020

[F1 Application by defendant to change legal representative (legal aid) E+W

46.4.— (1) An application by a defendant with legal aid to select a new representative in place of the current representative must—

(a) explain what the case is about, including what offences are alleged, what stage it has reached and what is likely to be in issue at trial;

(b) explain how and why the defendant chose the current representative;

(c) if an advocate other than the current representative has been instructed for the defendant, explain whether the defendant wishes to replace that advocate;

(d) explain, giving relevant facts and dates—

(i) in what way, in the defendant’s opinion, there has been a breakdown in the relationship between the defendant and the current representative such that neither that representative nor any colleague of theirs any longer can provide effective representation, or

(ii) what other compelling reason, in the defendant’s opinion, means that neither the current representative nor any such colleague any longer can provide effective representation;

(e) give details of any previous application by the defendant to replace a legal representative named in the legal aid representation order;

(f) state whether the defendant—

(i) waives the legal professional privilege attaching to the defendant’s communications with the current representative, to the extent required to allow that representative to respond to the matters set out in the application, or

(ii) declines to waive that privilege and acknowledges that the court may draw such inferences as it thinks fit in consequence;

(g) explain how and why the defendant has chosen the proposed new representative;

(h) include or attach a statement by the proposed new representative which—

(i) confirms that the proposed new representative is eligible and willing to conduct the case for the defendant,

(ii) confirms that the proposed new representative can and will meet the current timetable for the case, including any hearing date or dates that have been set, if the application succeeds,

(iii) explains what, if any, dealings the proposed new representative has had with the defendant before the present case,

(iv) confirms that the proposed new representative has informed the current representative of the defendant’s wish to select a new representative,

(v) confirms that the proposed new representative has discussed the defendant’s grounds for the proposed application with the current representative, and

(vi) confirms that the proposed new representative has explained to the defendant what it means to waive the legal professional privilege attaching to the defendant’s communications with the current representative and the potential consequences of not doing so; and

(i) ask for a hearing, if the defendant wants one, and explain why it is needed.

(2) The current representative must—

(a) respond in writing no more than 5 business days after service of the application; and

(b) serve the response on—

(i) the court officer,

(ii) the defendant, and

(iii) the proposed new representative.

(3) The response must—

(a) if applicable, explain why the current representative—

(i) considers there to be a duty to withdraw from the case in accordance with professional rules of conduct, giving details of the nature of that duty, or

(ii) no longer is able to represent the defendant through circumstances outside the representative’s control, giving details of the particular circumstances that render the representative unable to do so; or

(b) otherwise—

(i) identify those matters, if any, set out in the application with which the current representative disagrees, and

(ii) include any comments that the current representative thinks may assist the court.

[Note. There are forms of application and response for use in connection with this rule issued under the Practice Direction.]]

Textual Amendments

F1 Rules 46.3-46.5 substituted for rule 46.3 (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 20(a)