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Check the factual basis for the appeal or risk criticism and action by the court, the Bar Council’s Ethics Committee has warned.
In a note, Criminal Appeals – Duties to the Court to Make Enquiries, the committee issued guidance to new barristers instructed in criminal appeals who were not trial counsel.
It sets out a checklist and advises barristers to make inquiries of the legal representatives who acted at the trial in order to ensure that the factual basis for each ground of appeal is correct, and to seek other objective independent evidence to substantiate those facts.
This must be done, says the Bar Council document, ‘whether or not the grounds of appeal may make express or implied criticisms of those former legal representatives’.
Committee chairman, Andrew Walker QC, said: ‘In several recent decisions, the Court of Appeal, Criminal Division has clarified and emphasised the importance of some particular duties to the court when fresh counsel are instructed to represent a convicted defendant in a criminal appeal.
‘When the Court of Appeal highlights an issue such as this, you don’t ignore it. Barristers must not get caught out’.
He said: ‘The Court of Appeal is clearly concerned that in some cases, appeals are being advanced on grounds which turn out to be factually wrong, and has indicated that it will take a strict line with those who do not comply with their duties in this respect.
‘In extreme cases, this could even include referral to the regulator,’ he said.
Check the factual basis for the appeal or risk criticism and action by the court, the Bar Council’s Ethics Committee has warned.
In a note, Criminal Appeals – Duties to the Court to Make Enquiries, the committee issued guidance to new barristers instructed in criminal appeals who were not trial counsel.
It sets out a checklist and advises barristers to make inquiries of the legal representatives who acted at the trial in order to ensure that the factual basis for each ground of appeal is correct, and to seek other objective independent evidence to substantiate those facts.
This must be done, says the Bar Council document, ‘whether or not the grounds of appeal may make express or implied criticisms of those former legal representatives’.
Committee chairman, Andrew Walker QC, said: ‘In several recent decisions, the Court of Appeal, Criminal Division has clarified and emphasised the importance of some particular duties to the court when fresh counsel are instructed to represent a convicted defendant in a criminal appeal.
‘When the Court of Appeal highlights an issue such as this, you don’t ignore it. Barristers must not get caught out’.
He said: ‘The Court of Appeal is clearly concerned that in some cases, appeals are being advanced on grounds which turn out to be factually wrong, and has indicated that it will take a strict line with those who do not comply with their duties in this respect.
‘In extreme cases, this could even include referral to the regulator,’ he said.
Update from the Chair of the Bar
By David Green
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Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
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The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Born from a grievance, their research project grew into a book and is now challenging the status quo. Emma Price and Emma-Louise Fenelon reveal the key findings – and the critical next steps
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
