Search Legislation

Administration of Justice Act 1977

Status:

This is the original version (as it was originally enacted).

Part IEngland and Wales

1Section 9(3) of the Legal Aid Act 1974 (recalculation of contribution to legal aid fund) shall cease to have effect.

2The following section shall be substituted for section 12 of that Act (panels of solicitors and counsel):— Selection of solicitors and counsel.

12(1)A person entitled to receive advice or assistance or legal aid may select—

(a)the solicitor to advise or assist or act for him, and

(b)if the case requires counsel, his counsel,

and he shall be entitled to make the selection himself.

(2)Subsection (1) above shall not prejudice the law and practice relating to the conduct of proceedings by solicitor or counsel, or the circumstances in which a solicitor or counsel may refuse or give up a case or entrust it to another.

(3)A scheme made under section 15 of this Act may provide for the exclusion (whether permanently or temporarily) of a solicitor or barrister from those who may be selected under subsection (1) of this section on the ground that there is good reason for excluding him arising out of—

(a)his conduct when giving or selected to give advice or assistance, his conduct when acting or selected to act for persons receiving legal aid, or his professional conduct generally, or

(b)in the case of a member of a firm of solicitors, such conduct on the part of any person who is for the time being a member of the firm.

(4)Where a barrister or solicitor is aggrieved by any decision so excluding him, he may appeal against the decision to the High Court, and the High Court (whose decision shall be final) may confirm or quash the decision appealed against or may substitute such decision as the court thinks fit.

(5)Provision shall be made by rules of court for regulating appeals to the High Court under subsection (4) above, and those rules shall provide for limiting the time within which appeals may be brought.

(6)In the preceding provisions of this section references to acting for a person receiving legal aid shall, in relation to a solicitor, include acting indirectly for such a person, as agent for his solicitor, but so that any selection of the solicitor to act as agent shall be made by the solicitor for whom he is to act..

3In section 30(11) of that Act, for the words "section 5 of the Fugitive Offenders Act 1881 " there shall be substituted the words

section 7 of the Fugitive Offenders Act 1967.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources