Investigating and Collecting Evidence and Taking Witness Statements Guidance Flashcards
Is there a rule which prohibits a self-employed barrister from investivating or collecting evidence?
no
can self-employed barristers take statements from potential witnesses?
yes
What does taking a witness statement mean?
interviewing the potential witness with a view to preparing a statement or taking a proof of evidence.
What is rule c21.10?
You must not accept instructions to act in a matter if there is a real prospect that you are not going to be able to maintain your independence.
If the nature of the evidence or the circumstances in which it was collected are likely to be an issue in Court, what is the effect for the barrister?
the barrister can be properly involved in the preparations for the case but cannot accept a brief to conduct the case in court, even as the junior member for the team of barristers
If the barrister believes the collection of evidence is unlikely to be challenged, can they conduct the case?
yes
What does the BSB consider is a key function of the junior member of a team of barristers?
that they should be in a position to conduct the case in court if and when required.
who does the BSB handbook place the onus on as to consider whether the involvement in collection of evidence is likely to be challenged?
on the barrister who has investigated.
When can a brief be properly accepted?
if it is reasonable for the barrister to conclude that the circumstances of his investigation or collection of evidence are unlikely to be challenged.
If the barrister does not make a reasonable decision what could be the consequences?
the trial might be adjourned and the barrister risks being exposed to an order for wasted costs and enforcement action being taken against them for breaching the Handbook.
Even if the matter is properly accepted what must be kept under review?
whether the barrister should continue to act in light of any latter developments.
