396Legal representation

396 Legal representation

(1) If at any stage in a proceeding before the court hearing an appeal under this Chapter, a child is not legally represented, the court hearing the appeal may adjourn the hearing of the proceeding to enable the child to obtain legal representation.

(2) If a child is not legally represented in an appeal under this Chapter, the court hearing the appeal must adjourn the hearing of the proceeding to enable the child to obtain legal representation and must not resume the hearing unless—

(a) the child is legally represented; or

(b) the court is satisfied that the child has had a reasonable opportunity to obtain legal representation and has failed to do so.

(3) A legal practitioner representing a child in any proceeding in the Court must act in accordance with any instructions given or wishes expressed by the child so far as it is practicable to do so having regard to the maturity of the child.

(4) With the leave of the court hearing the appeal under this Chapter, more than one child in the same proceeding may be represented by the same legal practitioner.

(5) The court hearing the appeal under this Chapter may only grant leave under subsection (4) if satisfied that no conflict of interest will arise.

(6) If, after having granted leave under subsection (4), the court hearing the appeal under this Chapter is satisfied in the course of the proceeding that a conflict of interest has arisen, the court may withdraw the leave previously granted.

(7) Any process served on a child requiring the child to attend the Court in an appeal under this Chapter must contain or be accompanied by a notice—

(a) setting out the circumstances in which a child is required to be legally represented; and

(b) stating the desirability of obtaining legal representation; and

(c) explaining how legal representation may be obtained.