Page:Public Defenders Act 2022.pdf/8

8 (4) A solicitor appointed to a panel under subsection (1) is entitled to have the solicitor’s name on the panel during his or her term of appointment, unless there is any ground under section 5(1) for the solicitor’s exclusion or removal from the panel.

(5) Despite any privilege arising out of the relationship between solicitor and client, a solicitor has a duty to disclose any information or give any opinion to the Chief Public Defender which may enable the Chief Public Defender to perform the Chief Public Defender’s functions under this Act, including any information or opinion that may reasonably be taken into account—
 * (a) by the Chief Public Defender in determining whether—
 * (i) to refuse an application for criminal defence aid; or
 * (ii) to vary or cancel a Grant of Aid issued to an aided accused person; or
 * (b) by a board mentioned in section 12(1)(c)(ii) in determining whether there are merits to an application for criminal defence aid in accordance with that provision.

Exclusion or removal of solicitor

5.—(1) The Chief Public Defender may exclude or remove (whether permanently or temporarily) a solicitor from a panel—
 * (a) in the case of a solicitor appointed to a panel for the purpose mentioned in section 4(1)(b), if the solicitor’s practising certificate ceases to be in force for any reason;
 * (b) if the solicitor has requested that the Chief Public Defender remove the solicitor from the panel;
 * (c) if the solicitor has shown by his or her conduct when assigned to act for aided accused persons, or by his or her professional conduct generally, that the solicitor is not suitable to remain on the panel; or
 * (d) if, in the opinion of the Chief Public Defender—
 * (i) the solicitor is not suitable to be or to remain on the panel for any other reason; or