The Gazette 1975

appeal, occasionally as a matter of urgency, to the Supreme Court. ( v " ) 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 l * 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- e nce to his client. This may entail many hours seeking ° u * 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 a 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 ar range to get the book of evidence from the Accused Promptly after service. This will frequently entail the a ttendance of at least a clerk at a prison. The book jvill usually have to be copied, paginated and indexed. " e 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. ( x ) 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 P n 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. ( x >) Equipped with the foregoing information or as much of it as is required by the particular case a so '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.