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Criminal Advocacy & Defective Representation Robert Shiels • Contains a full analysis of Anderson v HM Advocate the in-depth insight you need • Provides extensive reference to relevant case law all in this single volume • Particular emphasis is put on comparative material from other jurisdictions - providing the full global picture • Prepares solicitors of all experience levels to prevent appeals – saving time and reputation
W GREEN
Criminal Advocacy & Defective Representation Robert Shiels Members of the legal profession may not want to discuss defective representation but with the increasing possibilities of it affecting them it is hugely important that they do. Robert Shiels takes on the task of reinforcing the principles of the case of Anderson v HM Advocate in 1996, prior to which there were no grounds for appeal due to defective representation. He has structured his text in such a way to provide a preventative tool for criminal lawyers with the requirement to know what has and has not been held to be defective representation. Also this is to be used as a practical guide for those involved in such appeals. As complaints about representation give rise to questions as to what ought to have been done, consideration is given to traditional advice on the art of advocacy. Expert insight is provided on important issues relating to establishing a professional relationship with a client, discretion and failure of investigation and preparation. Also tackling questions such as where does a trial start? Is it at the police interview? This is a dynamic and developing area of the law and it is essential to look at precedents set by comparative jurisdictions. The author spends much time on cases from both England and Wales and further afield. All those involved in criminal cases will find this an indispensible resource for saving valuable time and reputation tied into appeals relating to defective representation. This will both ensure you have the skills and knowledge to avoid such occurrences and provide guidance on how to deal with them if you ever do.
Contains a full analysis of Anderson v HM Advocate - the in-depth insight you need Provides extensive reference to relevant case law - all in this single volume Particular emphasis is put on comparative material from other jurisdictions - providing the full global picture Prepares solicitors of all experience levels to prevent appeals - saving time and reputation
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CONTENTS Introduction • • • • • • • • • • • • •
Law of lawyers Professional conduct Establishing a professional relationship Extent of authority Confidentiality Professional relationships Duties to others General discussion Criminal trials Bachelor’s case Instructions Traditional advice on pleading Immediately before Anderson’s case
Anderson v HM Advocate • Further developments Discussion • Failure of investigation and preparation • Professional discretion Reassessing the Anderson principle? Grant v HM Advocate Assistance from counsel or solicitors complained against England and Wales • R v Irwin • R v Ensor
• • • • •
R v Clinton R v Ullah R v Day R v Gleeson R v Adams
Comparative cases from other jurisdictions • • • • • • • •
Australia Canada Cayman Islands Jamaica New Zealand South Africa Trinidad and Tobago United States of America
Conclusion • • • • •
Civil law principles Contempt of Court Comments on advocacy Commencement of trial Summary
APPENDICES A.1. Guide to the Professional Conduct of Advocates A.2. The Law Society of Scotland Code of Conduct for Criminal Work Robert Shiels is a Solicitor in the Supreme Courts of Scotland.
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