Trials in Absence & Withdrawing from Cases - An Introduction for Criminal Lawyers

Introduction

The granting of adjournments on the day of trial, is becoming vanishingly rare. For some years now, statute has said that trials should proceed. In such circumstances, the lawyer is left in a difficult position as to whether they should stay or go.

If an advocate does go, what are the potential implications?

If the lawyer remains, can they stay and ask questions?

With such a wide variety of scenarios, the answer to these questions in not a simple ‘yes’ or ‘no’.

This webinar will explore a variety of examples of cases in which advocates may find themselves. It will give practical advice about what considerations should paramount in the instructed advocates mind when making the decision as to remain or not.

It will also consider statute, professional guidance and explore real life scenarios to assist advocates in deciding what to do with regards to a potential trial in absence.

What You Will Learn

This webinar will cover the following:

• Statutory presumptions in relation to trials proceeding in absence - how does this apply in the Youth Court?
• Professional guidance from the Law Society and Bar Council - what guidance exists from the governing bodies?
• Who else might I obtain advice from at short notice - what help is out there?
• Practical scenarios - what if I have full instructions and my client doesn’t turn up?
• What if I have no instructions but I think there is point of law?
• What if my client turns up half-way through - can we start again?

This webinar was recorded on 26th October 2021