§ 5 — Exclusion or removal of solicitor

5.—(1) The Chief Public Defender may exclude or remove (whether permanently or temporarily) a solicitor from a panel —(a)

in the case of a solicitor appointed to a panel for the purpose mentioned in section 4(1)(b), if the solicitor’s practising certificate ceases to be in force for any reason;

(b)

if the solicitor has requested that the Chief Public Defender remove the solicitor from the panel;

(c)

if the solicitor has shown by his or her conduct when assigned to act for aided accused persons, or by his or her professional conduct generally, that the solicitor is not suitable to remain on the panel; or

(d)

if, in the opinion of the Chief Public Defender —(i)

the solicitor is not suitable to be or to remain on the panel for any other reason; or

(ii)

it is necessary or expedient to exclude or remove the solicitor from the panel for any other reason.

(2) Where a solicitor is aggrieved by a decision of the Chief Public Defender under subsection (1), the solicitor may appeal to the General Division of the High Court against the decision.

(3) The General Division of the High Court may confirm or quash the decision appealed against or may substitute that decision as the General Division of the High Court thinks fit, and the decision of the General Division of the High Court is final.

—(1) The Chief Public Defender may exclude or remove (whether permanently or temporarily) a solicitor from a panel —(a)

in the case of a solicitor appointed to a panel for the purpose mentioned in section 4(1)(b), if the solicitor’s practising certificate ceases to be in force for any reason;

(b)

if the solicitor has requested that the Chief Public Defender remove the solicitor from the panel;

(c)

if the solicitor has shown by his or her conduct when assigned to act for aided accused persons, or by his or her professional conduct generally, that the solicitor is not suitable to remain on the panel; or

(d)

if, in the opinion of the Chief Public Defender —(i)

the solicitor is not suitable to be or to remain on the panel for any other reason; or

(ii)

it is necessary or expedient to exclude or remove the solicitor from the panel for any other reason.

(2) Where a solicitor is aggrieved by a decision of the Chief Public Defender under subsection (1), the solicitor may appeal to the General Division of the High Court against the decision.

(3) The General Division of the High Court may confirm or quash the decision appealed against or may substitute that decision as the General Division of the High Court thinks fit, and the decision of the General Division of the High Court is final.