CRIMINAL LAW (LEGAL REPRESENTATION) ACT 2001 - SECT 11

CRIMINAL LAW (LEGAL REPRESENTATION) ACT 2001 - SECT 11

11—Modification of common law

The fairness of a trial (or a prospective trial) cannot be challenged (and a trial or prospective trial cannot be stayed) on the ground of lack of legal representation unless—

            (a)         the Commission has, contrary to this Act, refused or failed to provide legal assistance for the defendant; or

            (b)         the Commission has withdrawn legal assistance for the defendant on the ground that it has been unable to reach agreement with the Attorney-General on a case management plan. ¹

Note—

1         For the Commission's power to withdraw legal assistance on this ground, see section 18.