Barristers warned to brief themselves on facts before attending court

Barristers have been warned they must fully brief themselves on the facts of a case before going to court.

The Bar Council’s ethics committee has issued a practice note explaining that practitioners who are replacing trial counsel in representing convicted defendants in the Court of Appeal that they must be fully informed of the facts of their case.

Failure to do so risks “criticism and action by the court”.

Andrew Walker QC, chairman of the committee, said that in a number of recent appeal decisions the Court of Appeal required to emphasise “the importance of some particular duties to the court when fresh counsel are instructed to represent a convicted defendant in a criminal appeal.

“When the Court of Appeal highlights an issue such as this, you don’t ignore it.”

He added: “Barristers must not get caught out. The Court of Appeal is clearly concerned that in some cases appeals are being advanced on grounds which turn out to be factually wrong, and has indicated that it will take a strict line with those who do not comply with their duties in this respect. In extreme cases, this could even include referral to the regulator, the Bar Standards Board.”