Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 4000C

Criminal proceedings—solicitor's instructions to act for accused person ended

    (1)     This rule applies if—

        (a)     a solicitor for an accused person is on the record in a criminal proceeding; and

        (b)     the solicitor's instructions to act for the accused person in the proceeding are ended before the proceeding is finally disposed of in the court.

Note     Rule 5537 (Appeals to Court of Appeal—solicitor's instructions to act for convicted person ended) applies to a solicitor if the solicitor's instructions to act for a convicted person who is a party to an application or appeal in the Court of Appeal are ended.

    (2)     The solicitor must—

        (a)     file a notice stating that the solicitor is no longer acting for the accused person; and

        (b)     serve a stamped copy of the notice on each party to the proceeding (including the accused person).

Note     See approved form 4.6 (Supreme Court criminal proceeding—notice that solicitor no longer acting) AF2024-30

and approved form 4.6A (Magistrates Court criminal proceeding—notice that solicitor no longer acting) AF2024-31

.

    (3)     The solicitor must file and serve the notice as soon as practicable, but not later than 14 days after the day the solicitor's instructions are ended.

    (4)     In this rule:

"accused person" includes a person who has been convicted of an offence and is awaiting sentence for the offence in the court.

Note     See also r 4000A, def accused person .

"court" does not include the Court of Appeal.



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