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Article 21 Representation of the accused

Original text. Later amendments are not shown.

(1)

The accused may appoint a legal adviser to act for him.

(2)

Any right or responsibility which accrues to the accused by virtue of this Order may be exercised by his legal adviser on his behalf, except—

(a)

electing to be tried by court-martial or stating that he does not wish so to elect, and

(b)

pleading to the charge.

(3)

The accused shall inform the court administration officer of the name and address of his legal adviser as soon as is practicable after a legal adviser has been appointed.

(4)

A legal adviser may represent an accused before a Standing Civilian Court if he is—

(a)

a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990f1;

(b)

an advocate or a solicitor in Scotland;

(c)

a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or

(d)

a person who has in any country outside the United Kingdom rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.

(5)

Where an accused under 17 years of age is not represented by a legal adviser, the court may allow any parent or guardian of his who is present to represent him in such manner and to such extent as the court thinks fit.

Annotations

Footnotes

f1

1990 c. 41.