{"id":29606,"date":"2023-11-28T22:35:38","date_gmt":"2023-11-28T22:35:38","guid":{"rendered":"https:\/\/legalblog.ie\/?p=29606"},"modified":"2023-12-09T00:00:14","modified_gmt":"2023-12-09T00:00:14","slug":"solicitor-criminal-courts","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/solicitor-criminal-courts\/","title":{"rendered":"Solicitor &#038; Criminal Courts"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/solicitor-criminal-courts\/#Prosecutor\" title=\"Prosecutor\">Prosecutor<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/solicitor-criminal-courts\/#Disclosure\" title=\"Disclosure\">Disclosure<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/solicitor-criminal-courts\/#Solicitor_Advocate_for_the_Accused\" title=\"Solicitor Advocate for the Accused\">Solicitor Advocate for the Accused<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/solicitor-criminal-courts\/#Duty_to_Court\" title=\"Duty to Court\">Duty to Court<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/solicitor-criminal-courts\/#Guilty_Client\" title=\"Guilty Client\">Guilty Client<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/solicitor-criminal-courts\/#Withdrawal\" title=\"Withdrawal\">Withdrawal<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Prosecutor\"><\/span>Prosecutor<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The responsibilities of the advocate acting for the prosecution differ from those acting for the defence.\u00a0 He must see that every material point is made which supports the prosecution&#8217;s case or weakens the defendant\u2019s case. He should present the case against the accused relentlessly but with scrupulous fairness.\u00a0 The names of all witnesses and material facts must be disclosed irrespective of whether the witnesses are detrimental to the prosecution\u2019s case.<\/p>\n<p>The prosecutor must state the relevant facts. In particular where the accused is unrepresented, he should mention any mitigating circumstances to the court.\u00a0 The prosecution must not in his opening address state as a fact anything which he knows or ought to know he is not in the position to prove.<\/p>\n<p>Prosecutor must not deliberately withhold anything which seems to favour the accused.\u00a0 He must review all relevant cases and statutory provisions known to him irrespective of whether the information is of benefit to the prosecution case.\u00a0 This is so whether or not the prosecutor has been called upon to argue the particular law in question.<\/p>\n<p>It is recommended that in a criminal case, the solicitor for the prosecution or defence who may wish to interview witnesses who have not already give evidence in the case of an indictable offence or who are known to be called as witnesses for the other side, to first communicate with the solicitor for the other side, \u00a0informing him of his intention.\u00a0 It is advisable for the interview on behalf of the defence to take place in the representative from Garda Siochana who is not involved in the case.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Disclosure\"><\/span>Disclosure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The prosecution must not conceal from the opponent facts which are within the knowledge of the prosecutor, and which are inconsistent with the facts which the prosecutor has presented to the court.\u00a0 Prior to the commencement of the trial, where a prosecutor obtains evidence that may assist the defence or learns of a witness who may do so, he must supply the defence with the particulars of the evidence and the names of the witnesses.<\/p>\n<p>During the trial if the prosecutor obtains evidence which he does not intend to use and may assist the defence, he must give it to the defence.\u00a0 If the prosecutor knows of a credible witness who can give evidence concerning material facts which tends to show the innocence of the accused, he must call that witness or make the witness statement available to the defence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Solicitor_Advocate_for_the_Accused\"><\/span>Solicitor Advocate for the Accused<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The solicitor has a duty to ensure that the prosecution discharge the onus placed upon it to prove guilt beyond the reasonable doubt.\u00a0 In the absence of exceptional circumstances client\u2019s privilege prevents the solicitor for making disclosure of privileged information without consent.<\/p>\n<p>The defence advocate is under no duty to disclose to the court or prosecution or correct any information which may have been given to the court by the prosecution if the correction would be detrimental to the defendant.\u00a0 However, the advocate should not indicate agreement with information that the prosecution has put forward which the advocate knows to be incorrect.<\/p>\n<p>The advocate for the defence is obliged to disclose to the prosecution in the court any relevant cases and statutory provision relating to his client\u2019s case.\u00a0 He should not subject to alibi evidence disclose any evidence in relation to his client\u2019s defence.<\/p>\n<p>A solicitor should not stand bail for a person for whom he acts or his firm acts.\u00a0 It is unlawful for a solicitor or any other party to indemnify a surety for bail.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Duty_to_Court\"><\/span>Duty to Court<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If the court puts any question to the advocate as to \u00a0\u00a0the character of the defendant whether the character of the defendant is or is \u00a0not in issue, the reply should be that question is not one for him to answer.<\/p>\n<p>Where the prosecution outlines to the court the accused previous conviction but it is incorrect or incomplete to the knowledge of the solicitor for the defence, the solicitor if asked by the court to comment, should decline \u00a0comment. Where not asked to comment, he should not be seen \u00a0to corroborate the incorrect information furnished by the prosecution as this would amount to deception.\u00a0 However, the accused gives evidence to the court and in so doing accepts a list of \u00a0previous convictions given which the advocate knows to be incorrect, the advocate must cease to represent the accused.<\/p>\n<p>In criminal cases, it is a matter for the jury or the court and not for the advocate to decide the guilt or innocence of his clients.\u00a0 It is the solicitor\u2019s duty to put the prosecution on proof of what it alleges.\u00a0 The solicitor may submit to the court that there is insufficient evidence that justify a conviction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Guilty_Client\"><\/span>Guilty Client<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where prior to commencement or during the course of a criminal case, a client admits to a solicitor that he is guilty of a charge, the solicitor need only decline \u00a0to act in such proceedings if the client is insisting on giving evidence \u00a0to deny such guilt or requires the making of a statement asserting his innocence.<\/p>\n<p>Where the client has admitted his guilt to the solicitor, but will not be giving evidence, his solicitor may continue to act for him.\u00a0 The solicitor for the defence may advance any other defence which obliges the prosecution to prove guilt other than protesting the clients\u2019 innocence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Withdrawal\"><\/span>Withdrawal<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a restriction on the withdrawal of a solicitor from the case where he has accepted instruction to appear on court for a client who is in custody.\u00a0 The solicitor cannot do so without obtaining permission of court before which the client is next scheduled to appear.<\/p>\n<p>Where a solicitor acquires to have a consultation with the prisoner in custody in cells \u00a0within the courthouse or in the immediate vicinity of the court, the solicitor should inform the court and seek to have the accused\u2019s \u00a0case put back \u00a0to enable the consultation to take place.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-29606\" data-postid=\"29606\" class=\"themify_builder_content themify_builder_content-29606 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Prosecutor The responsibilities of the advocate acting for the prosecution differ from those acting for the defence.\u00a0 He must see that every material point is made which supports the prosecution&#8217;s case or weakens the defendant\u2019s case. He should present the case against the accused relentlessly but with scrupulous fairness.\u00a0 The names of all witnesses and [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[308],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29606"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=29606"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29606\/revisions"}],"predecessor-version":[{"id":30035,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29606\/revisions\/30035"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=29606"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=29606"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=29606"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}