Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 249

Counsel required to retain brief for trial

    (1)     A legal practitioner who has been briefed or otherwise agreed to appear for an accused at a trial must, at least 7 days before the day on which the trial is due to commence, advise the court of his or her intention to appear for the accused.

    (2)     A legal practitioner may only relinquish a brief to appear or withdraw from an agreement to appear for an accused within 7 days before the day on which the trial is due to commence with the leave of the court.

    (3)     On an application for leave under subsection (2), the court may make an order as to costs to be paid personally by the legal practitioner if the court considers that in the circumstances of the case—

        (a)     the agreement to appear at trial for the accused or the acceptance of a brief to appear for the accused at trial is unreasonable; or

        (b)     the withdrawal from an agreement to appear for the accused at trial or the relinquishment of a brief to appear for the accused at trial is unreasonable.

S. 250 amended by No. 17/2014 s. 160(Sch. 2 item 30.2).



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