§ 4 — Panels of solicitors

4.—(1) The Chief Public Defender may, if he or she considers necessary, establish one or more panels of solicitors for one or both of the following purposes:(a)

in relation to an application for criminal defence aid, to investigate and make a report on the application, or to give any opinion on the application or on any question of law arising out of the application;

(b)

to act for individuals receiving criminal defence aid.

(2) Separate panels may be established for different purposes and for different courts.

(3) The Chief Public Defender may determine —(a)

the term of appointment of a solicitor to a panel and the conditions (if any) of his or her appointment; and

(b)

the assignment of any matter mentioned in subsection (1)(a) or (b) to the solicitor.

(4) A solicitor appointed to a panel under subsection (1) is entitled to have the solicitor’s name on the panel during his or her term of appointment, unless there is any ground under section 5(1) for the solicitor’s exclusion or removal from the panel.

(5) Despite any privilege arising out of the relationship between solicitor and client, a solicitor has a duty to disclose any information or give any opinion to the Chief Public Defender which may enable the Chief Public Defender to perform the Chief Public Defender’s functions under this Act, including any information or opinion that may reasonably be taken into account —(a)

by the Chief Public Defender in determining whether —(i)

to refuse an application for criminal defence aid; or

(ii)

to vary or cancel a Grant of Aid issued to an aided accused person; or

(b)

by a board mentioned in section 12(1)(c)(ii) in determining whether there are merits to an application for criminal defence aid in accordance with that provision.

—(1) The Chief Public Defender may, if he or she considers necessary, establish one or more panels of solicitors for one or both of the following purposes:(a)

in relation to an application for criminal defence aid, to investigate and make a report on the application, or to give any opinion on the application or on any question of law arising out of the application;

(b)

to act for individuals receiving criminal defence aid.

(2) Separate panels may be established for different purposes and for different courts.

(3) The Chief Public Defender may determine —(a)

the term of appointment of a solicitor to a panel and the conditions (if any) of his or her appointment; and

(b)

the assignment of any matter mentioned in subsection (1)(a) or (b) to the solicitor.

(4) A solicitor appointed to a panel under subsection (1) is entitled to have the solicitor’s name on the panel during his or her term of appointment, unless there is any ground under section 5(1) for the solicitor’s exclusion or removal from the panel.

(5) Despite any privilege arising out of the relationship between solicitor and client, a solicitor has a duty to disclose any information or give any opinion to the Chief Public Defender which may enable the Chief Public Defender to perform the Chief Public Defender’s functions under this Act, including any information or opinion that may reasonably be taken into account —(a)

by the Chief Public Defender in determining whether —(i)

to refuse an application for criminal defence aid; or

(ii)

to vary or cancel a Grant of Aid issued to an aided accused person; or

(b)

by a board mentioned in section 12(1)(c)(ii) in determining whether there are merits to an application for criminal defence aid in accordance with that provision.