Lees, R v [2002] NICC 2449 (25 February 2000)

Lees, R v [2002] NICC 2449 (25 February 2000)

The application to assign a new solicitor is refused as no good and substantial reason was offered; the interests of justice, the accused, and public funds do not warrant a change when an experienced solicitor has already been assigned.

Citation
[2002] NICC 2449
Parties
Prosecution: The Queen; Accused: William Colin John Lees; Assigned Solicitor: Kearney Kelly & Co.; Applicant Solicitor: Madden & Finucane
Jurisdiction
Northern Ireland
Judgment Date
25 February 2000
Procedural Posture
Criminal / Application for Transfer of Defence Certificate
Outcome
application refused
Legal Topics
Assignment of Solicitor, Transfer of Defence Certificate, Legal Representation
Criminal Law Legal Aid Assignment of Solicitor Transfer of Defence Certificate Legal Representation

Case Brief

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Parties

The Queen

Prosecution

William Colin John Lees

Accused

Kearney Kelly & Co.

Assigned Solicitor

Madden & Finucane

Applicant Solicitor

Procedural Posture

Criminal / Application for Transfer of Defence Certificate

Legal Issues

  1. 1 Whether the court should allow the transfer of a criminal aid defence certificate from the assigned solicitor to another solicitor
  2. 2 Whether a new solicitor can be assigned under the Legal Aid, Advice and Assistance (NI) Order 1981

Ratio Decidendi

The application to assign a new solicitor is refused as no good and substantial reason was offered; the interests of justice, the accused, and public funds do not warrant a change when an experienced solicitor has already been assigned.

Court Disposition

application refused

Orders

  • The solicitor assigned by the magistrates’ court to represent the accused will remain so assigned.