NCJ Number
107423
Journal
Judges' Journal Volume: 26 Issue: 2 Dated: (Spring 1987) Pages: 8-11,46
Date Published
1987
Length
4 pages
Annotation
This article discusses how British pretrial, trial, and appeal procedures differ from analogous American procedures in the areas of right to counsel, rules of evidence, and appeal and reversal.
Abstract
British barristers often share rooms and staff support although there are no partnerships, and those who share chambers frequently oppose each other in court. In America, this would raise a conflict of interest issue. In Great Britain, the client first contacts a solicitor, who then selects the barrister who will try the case. The selected barrister receives the case file from the solicitor no more than a day or two before trial. There is virtually no pretrial interviewing or other investigation. Under American jurisprudence, this would likely produce a client complaint of incompetent representation. The British courts are inclined to accept all relevant evidence regardless of how it was obtained, although a new statute gives the trial judge discretion to suppress evidence deemed to affect the proceedings adversely. No retrials occur following the reversal of conviction on appeal. Therefore, a successful criminal appellant goes free, except in cases of (1) a hung jury or (2) the development of new evidence after the verdict is returned.