South Australian Current Acts

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CRIMINAL LAW (LEGAL REPRESENTATION) ACT 2001 - SECT 9

9—Representation of certain defendants

        (1)         This section applies to a defendant who—

            (a)         is not an assisted person; and

            (b)         either—

                  (i)         has given the court a written assurance that the defendant does not want legal representation at the trial; or

                  (ii)         has been directed by the court to make an application for legal assistance and has failed to comply with the direction.

        (1a)         This section does not apply to a defendant in a trial who is only represented by a lawyer for the purposes of the cross-examination of a section 13B witness in the trial.

        (2)         A defendant to whom this section applies may only be represented by a lawyer at the trial or in an associated proceeding if the lawyer, or some other lawyer on whose instructions the lawyer is acting, files in the court a certificate certifying that the lawyer undertakes that the defendant will be provided with legal representation for the duration of the trial.

        (3)         A lawyer who provides legal representation, advice or other legal services in connection with the trial or an associated proceeding for a defendant to whom this section applies between the relevant dates is not entitled to any fee for those services.

        (4)         The relevant dates are as follows:

            (a)         the first date is—

                  (i)         for a defendant who has given the court a written assurance that he or she does not want legal representation at the trial—the date of that assurance;

                  (ii)         for a defendant who has been directed by the court to make an application for legal assistance—the date of the direction;

            (b)         the second date is the date on which a lawyer files in the court a certificate certifying that the lawyer undertakes that the defendant will be provided with legal representation for the duration of the trial.



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