Rule 9A.3A Instruction of representationF1 F2

(1)

This rule applies apply where—

(a)

the accused has been cited to answer an indictment at a preliminary hearing in the High Court; and

(b)

a solicitor has given notification under section 72F(1) of the Act of 1995 of having been engaged by the accused.

(2)

Where the accused is charged with murder, before the preliminary hearing the accused’s solicitor must,—

(a)

take reasonable steps to identify a selection of Queen’s Counsel who appear to be available to accept instructions to represent the accused;

(b)

inform the accused of the accused’s right to be represented by Queen’s Counsel;

(c)

give the accused a copy of Form 9A.3A-A; and

(d)

give the accused a summary of the selection referred to in subparagraph (a).

(3)

In any other case, before the preliminary hearing the accused’s solicitor must—

(a)

take reasonable steps to identify a selection of counsel who appear to be available to accept instructions to represent the accused;

(b)

give the accused a copy of Form 9A.3A-B; and

(c)

give the accused a summary of the selection referred to in subparagraph (a).

(4)

In this rule “Queen’s Counsel” means counsel holding the rank of Queen’s Counsel or Queen’s Counsel, Solicitor Advocate.

Annotations

F1: Sch. 2 Chs. 9-9B substituted for Sch. 2 Ch. 9 (1.2.2005) by Act of Adjournal (Criminal Procedure Rules Amendment) (Criminal Procedure (Amendment) (Scotland) Act 2004) 2005 (S.S.I. 2005/44), paras. 1(1), 2(11) (with para. 2(2)-(4))
F2: Sch. 2 rule 9A.3A inserted (3.10.2016) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 3) (Instruction of Representation in the High Court) 2016 (S.S.I. 2016/201), paras. 1(2), 2(2)