Victorian Consolidated Legislation

Crimes (Criminal Trials) Act 1999 - SECT 27

Counsel required to retain brief for trial

27. Counsel required to retain brief for trial



(1) A legal practitioner who has been briefed or otherwise agreed to appear
for an accused at a trial must, at least 7 days before the day on which the
trial is due to commence, advise the court of his or her intention to appear
for the accused.

(2) A legal practitioner may only relinquish a brief to appear or withdraw
from an agreement to appear for an accused within 7 days before the day on
which the trial is due to commence with leave of the court.

(3) In an application for leave under subsection (2), the court may make an
order as to costs to be paid personally by the legal practitioner if of the
opinion that in the circumstances of the case-

   (a)  the agreement to appear at trial for the accused or the acceptance of
        a brief to appear for the accused at trial; or

   (b)  the withdrawal from an agreement to appear for the accused at trial or
        the relinquishment of a brief to appear for the accused at trial-

is unreasonable.