Investigating and colelctive evidence Flashcards Preview

Ethics > Investigating and colelctive evidence > Flashcards

Flashcards in Investigating and colelctive evidence Deck (6)
Loading flashcards...
1
Q

When must you not accept a brief ro conducr trhe case in court?

A

if you are involved in
INVESTIGATION ADN COLLECTION OF EVIDENCE in circumstances where you might be needed to give evidence about those activites

2
Q

The investigation and colelction of evidence includes:

A

taking witness statements when interviewing a potential witness with a view to preparing a statement

3
Q

this rule doesnt extent to:

A

settling a witness statement (i.e. drafting statemnet ) from “proof of evidence” statemnet already taken by another

4
Q

this rule does not apply to:

A

a case where a barrister properly accepts a brief and then, as part of his conduct of case AT COURT, has to URGENTLY take a stamtent from his client or witnes.

It applies where a barrister has invesitgated or collected evidence BEFORE arriving at court

5
Q

Appearing in a case in breach of this rule:

A

exposes barrister to risk of WASTED COSTS ORDER if case must be adjourned as a result of barrister’s withdrawal from case, as well as ENFORCEMENT ACTION taken by BSBS.

6
Q

yOU HAVE A DUTY TO:

A

Keep under review whether you should continue to act in any case in light of developments which might engage this rule.