Page:Public Defenders Act 2022.pdf/21

Rh Criminal defence aid not to discontinue without permission

18.—(1) An aided accused person must not discharge a solicitor assigned to act for the aided accused person under this Act without the permission of the Chief Public Defender.

(2) Subject to subsection (3), a solicitor assigned to act for an aided accused person must not discontinue the provision of criminal defence aid without the permission of the Chief Public Defender.

(3) Subsection (2) does not apply to an assigned solicitor who instructs another solicitor, who is also appointed to the appropriate panel of solicitors established under section 4, to assist the assigned solicitor.

Court may order payment of costs by aided accused person in certain circumstances

19.—(1) Where it appears to a court that any of the circumstances mentioned in subsection (2) exists in relation to an aided accused person, the court may order the aided accused person to pay the costs of any of the following persons:
 * (a) the Chief Public Defender and every public defender who acted for the aided accused person;
 * (b) an assigned solicitor who acted for the aided accused person.

(2) For the purposes of subsection (1), the circumstances are as follows:
 * (a) the Grant of Aid issued to the aided accused person has been obtained by fraud or misrepresentation;
 * (b) the aided accused person acted improperly in defending or contesting any proceedings, or in the conduct of those proceedings.

(3) Where an order is made under subsection (1), the costs are to be taxed as if the party ordered to pay the costs were not an aided accused person.

(4) In subsection (1), “aided accused person” includes, in any case where the Grant of Aid has been cancelled before the making of the