Queensland Consolidated Regulations

CRIMINAL PRACTICE RULES 1999 - REG 19

19 Lawyer withdrawing from acting for accused person

(1) A lawyer who is no longer instructed to act for an accused person in a proceeding may withdraw from acting for the accused person in the proceeding by—

(a) giving the court’s proper officer written notice that the lawyer no longer acts for the accused person; and

(b) giving a copy of the notice to the prosecutor.

(2) The lawyer must give the notices mentioned in subrule (1) no later than 21 days before the accused person’s next appearance in court in the proceeding.

(3) Subrule (4) applies if a lawyer wants to withdraw from acting for an accused person in a proceeding—

(a) other than because the lawyer is no longer instructed to act for the accused person; or

(b) within 21 days of the accused person’s next appearance in court in the proceeding.

(4) The lawyer must, in the time set by a practice direction, or otherwise as soon as reasonably practicable, withdraw by—

(a) giving written notice to the court’s proper officer that the lawyer intends seeking the court’s leave to withdraw from acting for the accused person in the proceeding; and

(b) giving a copy of the notice to the following—

(i) the prosecutor;

(ii) if the lawyer knows the accused person’s current address, the accused person; and

(c) obtaining the court’s leave to withdraw from acting for the accused person in the proceeding.

(5) A lawyer may, during an accused person’s trial, withdraw from acting for the accused person with the court’s leave and without giving a notice mentioned in this rule.