PART IX

Summary Proceedings

Pre-trial procedure

Engagement, dismissal and withdrawal of solicitor representing accused
148C
1
In summary proceedings, it is the duty of a solicitor who is engaged by the accused for the purposes of his defence at trial to notify the court and the prosecutor of that fact forthwith in writing.
2
The duty under subsection (1) above shall be regarded as having been complied with if the solicitor has represented the accused at the first calling of the case—
a
by submitting a written intimation of the accused's plea as described in subsection (2)(a) of section 144 of this Act; or
b
by appearing on behalf of the accused—
i
as described in subsection (2)(b) of that section; or
ii
with the accused present,
and has, when acting as described in paragraph (a) or (b) above, notified the court and the prosecutor orally or in writing that the solicitor is also engaged by the accused for the purposes of his defence at trial.
3
Where a solicitor referred to in subsection (1) above—
a
is dismissed by the accused; or
b
withdraws,
it is the duty of the solicitor to notify the court and the prosecutor of that fact forthwith in writing.
Ss. 148C, 148D inserted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 21, 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)