The Gazette 1975

appeal, occasionally as a matter of urgency, to the

Supreme Court.

(

" ) A solicitor has a duty to attend Court on each

occasion upon which his client is required to appear

here, unless the appearance is in respect only of an

adjournment by consent. The law and rules of Court

jjj relation to remands are designed in the main for

the protection of the liberty of an Accused person and

f° allow the Courts to prevent unnecessary delays. It

t b e c l e a r

duty of a solicitor to attend so as to ensure

that his client's interests in these regards are adequately

Protected. It should also be borne in mind that not

infrequently charges are added or substituted on an

appearance to remand, depositions may be requested

y the prosecution and changes in the client's health

foay become apparent, or the attitude of the prosecut-

ing authority to a particular charge or charges effecting

venue may be indicated. All or any of the foregoing

may be matters requiring the urgent attention of the

solicitor.

(viii) The solicitor is under a duty to take the in-

structions of his client with regard to his defence and

t o

implement these instructions insofar as they are

reasonable. It is not the right or duty of either solicitor

°r Counsel to adjudicate upon the truthfulness of his

client or the weight or wisdom of his instructions.

nless they are manifestly unreasonable it is the duty

pi a solicitor to initiate and follow up such lines of

inquiry as he believes or is advised will provide a de-

nce to his client. This may entail many hours seeking

* witnesses, attending on them to take statements

a n

d making inquiries and investigations.

In this regard it must be borne in mind that the

°urt of Criminal Appeal will admit on the hearing

pi an appeal only such new evidence as could not have

^ e n made available at the trial by the exercise of

reasonable diligence on the part of the Accused or his

dvisers.

De t a i l ed p r o c e d u re for indictable o f f e n c es

(ix) In the case of indictable offences a solicitor must

range to get the book of evidence from the Accused

Promptly after service. This will frequently entail the

ttendance of at least a clerk at a prison. The book

jvill usually have to be copied, paginated and indexed.

solicitor will then have to acquaint himself with

he contents of same, and attend upon his client either

jpone or with Counsel wherever he may be, satisfy

mmself that his client understands the contents of the

and its implications and take his instructions

mereon.

(

) Where the book contains a list of exhibits it is

he duty of the solicitor to make arrangements with the

mef State Solicitor to inspect these and attend either

. °

n e

or with Counsel to do so. As a result of the

mspection a further interview with his client may be

occessary. If expert assistance (e.g. hand-writing, finger

nts, fire arms, poison etc.) is required the same will

a v e

to be arranged and reports obtained and their

implications explained to the client and his consequent

mstructions taken.

(

>) Equipped with the foregoing information or as

much of it as is required by the particular case a

'icitor will then either himself or in consultation with

Counsel and having taken his client's instructions,

have to consider what course should be adopted with

regard to the preliminary investigation. A decision will

also have to be taken as to whether the defence requires

that evidence be taken on deposition. The solicitor

may deem it prudent to have Counsel advise proofs

for the District Court preliminary investigation in

which event he will prepare a Case for Counsel to

Advise Proofs, submit it to Counsel and implement his

advices.

(xii) The solicitor will attend either himself or

with Counsel a t the taking of depositions whether

required by the prosecution or defence and also at the

preliminary investigation. The taking of depositions

may take several days and may not occur on the same

occasion as the preliminary investigation.

(xiii) The solicitor should take instructions prior

to the preliminary investigation with regard to the

changed bail situation which may arise on return for

trial and take such steps as are necessary to implement

such instructions.

(xiv) After the return for trial the solicitor should

satisfy himself that the Order returning his client is in

order and, in the event of irregularity, he should take

such steps by way of application for an Order of

Certiorari or Prohibition as may be necessary.

(xv) Immediately after the return the indictment

and appropriate jury panel should be bespoken and

arrangements made for the solicitor to be notified

when the same are available. On notification they

should immediately be taken up.

(xvi) In appropriate cases the Court file should be

inspected and a copy of any Order under Section 62

of the Courts of Justice Act 1936 or any certificate

of the Attorney General under the Offences against

the State Act or the Explosive Substances Act obtained.

(xvii) If Counsel is to be detained for the trial he

should be briefed with all relevant material as herein-

before indicated together with a statement of the facts

of the case and client's instructions by the solicitor.

(xviii) If any Notice of Additional Evidence or

exhibits is served, the client's instructions must be taken

thereon and such instructions briefed to Counsel. A

further examination of the original exhibits may be

necessitated either with or without Counsel or expert

adviser.

(xix) Counsel having been retained and briefed it

is his duty to study his brief at an early stage and

satisfy himself that all necessary material for his client's

defence has been, made available to him. He will ordin-

arily advise and direct proofs for the trial.

(xx) Counsel should at this stage consider the advis-

ability of applying for separate trials and advise accord-

ingly. He should also consider and advise as to whether

any plea in bar appears to lie and in appropriate cases

the question of the fitness of the Accused to plead to

the indictment. Such steps by way of motion to the

Court or otherwise required to implement Counsel's

advice should be taken after the client's instructions

have been sought and obtained.

(xxi) A consultation with the client will normally

be necessary and on occasion a separate consultation

with witnesses and with experts who are to be witnesses

or advisers.