Court Procedures Rules 2006

If a solicitor is acting for a relevant party in a criminal appellate proceeding, the solicitor must, as soon as practicable, but not later than 14 days after the day the solicitor begins acting—

file with the court a notice that the solicitor is acting for the relevant party; and

serve a stamped copy of the notice on—

each other party to the proceeding; and

any solicitor who was acting for the relevant party.

Note See approved form 5.1A (Criminal appellate proceeding—notice of solicitor acting) AF2026-53.

A notice under subrule (1) must include an address for service.

If a solicitor acts for 2 or more relevant parties in the same criminal appellate proceeding, the solicitor may file a single notice under subrule (1) that lists all the people the solicitor acts for in the proceeding.

To remove any doubt, a relevant party may, at any stage of a criminal appellate proceeding and without an order being made by the court, instruct another solicitor to act for them in place of the solicitor who is on the record for them in the proceeding.

If a solicitor files and serves a notice under subrule (1), the solicitor is taken to act for the relevant party until—

another solicitor—

files a notice under subrule (1) (a); and

serves a stamped copy of the notice in accordance with subrule (1) (b); or

the solicitor files a notice under rule 5004 and serves a stamped copy of the notice in accordance with that rule; or

the solicitor is given leave to withdraw under rule 5005, and complies with rule 5005 (5); or

the court makes an order under rule 5006 that the solicitor’s name be removed from the record; or

the solicitor’s name is removed from the local roll under the Legal Profession Act 2006; or

a solicitor’s local practising certificate under the Legal Profession Act 2006 is cancelled or suspended.