Legal Services Regulation Act 2015


Restriction on withdrawal of legal practitioner from case where client in custody

215. (1) A legal practitioner who has accepted instructions to appear in court on behalf of a client who is in custody may not withdraw from the client’s case without obtaining permission from the court before which that client is next scheduled to appear.

(2) The court, in deciding whether to grant a legal practitioner permission to withdraw from a case under subsection (1), shall have regard to—

(a) the likely consequences of such action for the client notwithstanding that the client may have concurred in the legal practitioner’s withdrawal from the case,

(b) any delay or other adverse consequences which may arise for the proceedings concerned as a result of the legal practitioner’s withdrawal, and

(c) any matter which is the subject of legal professional privilege between the legal practitioner and the client.

(3) The court may hear an application for permission under subsection (1) in camera if it considers it necessary to do so in the interests of justice.

(4) A withdrawal by a legal practitioner from a case in contravention of subsection (1) shall be notified to the Authority by the court whose permission to withdraw from that case is required under that subsection and the Authority, on being so notified, shall investigate the matter and take any necessary action under Part 6.