Fresh counsel instructed by McGregor on appeal alleged incompetence on the part of trial counsel.
Held: Where a fresh advocate is instructed to advance an application for leave to appeal based on the conduct of the trial, s/he should consider very carefully whether it is necessary to contact the trial lawyers and or advise their client to waive privilege. This should be done at an early stage and preferably before the application for leave is put before the single judge so that, where appropriate, the single judge can have the benefit of the trial lawyers’ comments.
Judges:
Judge LJ
Citations:
[1997] 2 Cr App R 218
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Brahmbhatt CACD 27-Mar-2014
The defendant appealed against his conviction saying that the plea was entered under duress of circumstance. He was a solicitor accused of taking prohibited items into prison for his clients. He said that he had been threatened at the point of a . .
Cited – Achogbuo, Regina v CACD 19-Mar-2014
The Court considered a renewed application for leave to appeal which the Registrar had considered to be without merit and was referred under section 20 of the 1968 Act.
Held: The reference had been properly made. The application for extension . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 11 October 2022; Ref: scu.523398