Criminal proceedings—solicitor’s instructions to act for accused person ended
4000C Criminal proceedings—solicitor’s instructions to act for accused person ended
This rule applies if—
a solicitor for an accused person is on the record in a criminal proceeding; and
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.
The solicitor must—
file a notice stating that the solicitor is no longer acting for the accused person; and
serve a stamped copy of the notice on each party to the proceeding (including the accused person).
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.
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.
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.
See also r 4000A, def accused person.
court does not include the Court of Appeal.
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