1964_LEGAL_AID_IN_CRIMINAL_CASES_RULES — Page 4

D4

[Subsidiary]

L.N. 115/85.

L.N. 115/85.

Cap. 159.)

(L.N. 323/83.)

CAP. 221]

Legal Aid in Criminal Cases Rules

[1985 Ed.

(6) For the removal of doubt, it is hereby declared that where a solicitor is assigned to an aided person for the purpose of any proceedings, any other solicitor in the same firm as the solicitor assigned may act for such person therein--

(a) except where the assignment is one to which rule 21(1)(c), (l) or (n) applies; or

(b) in the case of an assignment to which rule 21(1)(c), (l) or (n) applies, if the Director gives his prior consent.

(7) Subject to paragraph (8), a counsel or solicitor assigned to act for an aided person shall not discontinue his aid without the leave of the Director.

(8) Nothing in this rule shall prejudice the right of counsel or solicitor to refuse, or to give up, a case on reasonable grounds.

(9) Subject to paragraph (7), a counsel or solicitor may at any time request the Director to remove his name from a panel, and the Director shall comply with such request.

(10) In this rule-

"practising certificate" means a practising certificate in force under section 6 or 30 of the Legal Practitioners Ordinance.

(11) Any counsel or solicitor who was entered on a panel maintained for the purposes of this rule prior to the commencement of the Legal Aid in Criminal Cases (Amendment) Rules 1983 shall be deemed to be entered on the appropriate panel maintained under this rule upon such commencement:

Provided that any such counsel or solicitor may request that an entry be made under paragraph (3) limiting the type of proceedings in which he is prepared to act by excluding therefrom any type of proceedings in which he had not indicated willingness to act prior to such commencement, and the Director shall comply with any such request.

Legal aid for

accused persons and appellants.

L.N. 204/84.

L.N. 70/73.

L.N. 64/78.

4.

PART II

GRANT OF LEGAL AID

(1) Subject to any requirement to make contributions under Part III-

(a) an accused person committed for trial before the High Court may be granted legal aid under these rules for the preparation and conduct of his defence and for any plea arising from the indictment;

(aa)

(b) a person charged before the District Court with any offence may be granted legal aid under these rules for the preparation and conduct of his defence and for any plea arising from the charge sheet;