SI requiring solicitors to tell clients of possibility of QC and advocate representation comes into force next week
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A new statutory instrument mandating that solicitors must ascertain the availability of a suitable QC, advocate or solicitor advocate comes into force on Monday 3 October.
The Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 3) (Instruction of Representation in the High Court) 2016 (SSI 2016/201) provides that “Where the accused is charged with murder, before the preliminary hearing the accused’s solicitor must,— take reasonable steps to identify a selection of Queen’s Counsel who appear to be available to accept instructions to represent the accused”.
It adds that “In any other case, before the preliminary hearing the accused’s solicitor must— take reasonable steps to identify a selection of counsel who appear to be available to accept instructions to represent the accused”.
“Queen’s Counsel” is defined as counsel holding the rank of Queen’s Counsel or Queen’s Counsel, Solicitor Advocate.
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