The Criminal Defence Service (Funding) Order 2007

Identity of instructed advocate

20.—(1) Where an instructed advocate is appointed before the plea and case management hearing, he must notify the Court in writing as soon as he is appointed and, where appropriate, he must confirm whether he is the leading instructed advocate or the led instructed advocate.

(2) Where the representation order provides for a single advocate and no instructed advocate has been notified to the Court in accordance with sub-paragraph (1)—

(a) the barrister or solicitor advocate who attends the plea and case management hearing will be deemed to be the instructed advocate; and

(b) the Court will make a written record of this fact.

(3) Where the representation order provides for a single advocate and no barrister or solicitor advocate attends the plea and case management hearing—

(a) the barrister or solicitor advocate who attends the next hearing in the case will be deemed to be the instructed advocate; and

(b) the Court will make a written record of this fact.

(4) Where the representation order provides for more than one advocate, and no leading instructed advocate has been notified to the Court in accordance with sub-paragraph (1), the leading advocate who attends—

(a) the plea and case management hearing; or

(b) where no leading advocate attends the plea and case management hearing, the next hearing in the case attended by a leading advocate

will be deemed to be the leading instructed advocate, and the Court will make a written record of this fact.

(5) Where the representation order provides for more than one advocate, and no led instructed advocate has been notified to the Court in accordance with sub-paragraph (1), the led advocate who attends—

(a) the plea and case management hearing; or

(b) where no led advocate attends the plea and case management hearing, the next hearing in the case attended by a led advocate

will be deemed to be the led instructed advocate, the Court will make a written record of this fact.

(6) Where a representation order is amended after the plea and case management hearing to provide for more than one advocate—

(a) the additional instructed advocate must notify the Court in writing of his appointment within 7 days of the date on which the representation order is amended; and

(b) each instructed advocate must notify the Court whether he is the leading instructed advocate or the led instructed advocate.

(7) Where no additional instructed advocate has been notified to the Court in accordance with sub-paragraph (6)(a), the advocate who attends the next hearing in the case will be deemed to be an instructed advocate and the Court will record in writing whether he is the leading instructed advocate or the led instructed advocate, as appropriate to the circumstances of the case.

(8) The Court will attach—

(a) any notice received under sub-paragraph (1) or sub-paragraph (6); and

(b) any record made by it under sub-paragraph (2), (3), (4), (5) or (7)

to the representation order.

(9) An instructed advocate must remain as instructed advocate at all times, except where—

(a) a date for trial is fixed at or before the plea and case management hearing and the instructed advocate is unable to conduct the trial due to his other pre-existing commitments;

(b) he is dismissed by the assisted person or the litigator; or

(c) he is required to withdraw because of his professional code of conduct.

(10) Where, in accordance with sub-paragraph (9), an instructed advocate withdraws, he must—

(a) immediately notify the court of his withdrawal—

(i) in writing; or

(ii) where the withdrawal takes place at a plea and case management hearing, orally; and

(b) within 7 days of the date of his withdrawal, notify the court in writing of the identity of a replacement instructed advocate, who must fulfil all the functions of an instructed advocate in accordance with this Order.

(11) This paragraph does not apply to a claim for fees under paragraph 27, 28 or 29.