Both counsel in criminal trials have a duty to assist the judge where appropriate. Counsel for the defence in particular could not sit back and allow the judge to continue with a defective summing up in the hope that this would allow a later appeal. Submissions that it had been common and acceptable practice for counsel to remain silent rather than to intervene was incorrect.
Citations:
Times 09-Feb-2001
Jurisdiction:
England and Wales
Criminal Practice
Updated: 30 June 2022; Ref: scu.88524
