Court Procedures Rules 2006

This rule applies if—

a solicitor for a defendant is on the record in a criminal proceeding; and

either—

the date for the hearing of the information laid against the defendant has been set; or

the date for the sentencing of the defendant has been set.

The solicitor may withdraw from acting for the defendant only with the court’s leave.

Part 6.2 (Applications in proceedings) does not apply to an application under this rule unless the court orders otherwise.

The application may be made orally, unless the court orders otherwise.

The solicitor must, not less than 5 business days before making an application to the court under this rule, give the defendant written notice of—

the intention to make the application; and

the basis of the application.

The notice under subrule (5) must be served on—

the defendant—

personally; or

by registered letter addressed to the defendant’s last‑known address; or

if the court orders another way of service—as ordered; and

each other party to the proceeding.

If the court gives the solicitor leave to withdraw, the solicitor must—

file a notice of withdrawal; and

serve a stamped copy of the notice on the defendant—

personally; or

by registered letter addressed to the defendant’s last‑known address; and

serve a stamped copy of the notice on each other party to the proceeding.

See approved form 4.7A (Magistrates Court criminal proceedings—notice of withdrawal of solicitor) AF2026‑10.