The following criteria apply to practitioners holding restricted practising certificates:
Magistrates Court matters involving only summary charges may be assigned to a practitioner in the first year of a restricted practicing certificate. That practitioner may act as solicitor and counsel.
Magistrates Court matters involving only minor indictable charges, or a combination of minor indictable and summary charges, may be assigned to a practitioner in the second year of a restricted practicing certificate provided the Commission is informed of the nature of the matter, approves it to be undertaken by the named practitioner and is satisfied that the junior practitioner is properly supervised. That practitioner may act as solicitor and counsel
District and Supreme Court matters will only be assigned to a legal practitioner holding an unrestricted practicing certificate. The Commission acknowledges that on occasions junior practitioners working at a firm may be undertaking specific tasks on a legally aided file as a solicitor, but the Commission expects that the junior practitioner will be properly supervised in the conduct of these tasks. Counsel attendances in Court must be by a practitioner holding an unrestricted practicing certificate.
Practitioners should inform the Commission as soon as an unrestricted practising certificate is obtained.