You and the Court Flashcards
What is C1 of the handbook and who does it apply to?
It is you and the court.
It applies to practicing barristers and unregistered barristers.
When does C1 apply?
When practising or providing legal services
Your client confesses to you, but wants to carry on at trial. What CAN you do?
Cross examine prosecution witnesses on reliability of their evidence ONLY.
Tell jury that prosecution evidence is not sufficient to make them sure of guilt.
Your client confesses to you, but wants to carry on at trial. What CANT you do?
Disclose Information without clients authorisation
Suggest to the court that your client didn’t commit the offence
Cross examine witnesses that your client didn’t commit offence
Suggest someone else did it
Put forward an alibi
What should you not do to a witness?
Humiliate or annoy them.
Do not make statements that do this.
If there is a purpose to your question, you can ask it, but still must not abuse your role as an advocate.
Prevent them from having the opportunity to answer allegations - You can’t mention it in your closing speech if you didn’t give them a chance in questioning.
Can you blame someone other than your client?
No, you need to have serious evidence before you to do that.
Whether you believe your client or not, it is your duty to promote fearlessly and by all proper and lawful means, your clients interests.
Can you make a serious allegation against any one?
Only if you have:
Reasonable grounds
Relevant to clients case or credibility of witness
Where allegation relates to 3rd Party, you avoid naming them in court unless reasonably necessary and have reasonably grounds.
Can you give your personal opinion of facts or law?
No, unless required or invited to by the court.
