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Vol 25 No 1 Jan/Feb 2020

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Criminal Advocacy & Defective Representation

ISBN13: 9780414018983
Published: June 2013
Publisher: W. Green
Country of Publication: Scotland
Format: Paperback
Price: £70.00

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The origin of this new book lies in the case of Anderson v HM Advocate in 1996. The initial focus being the appeal process and the availability of defective representation at the trial stage as a competent ground of appeal alleging a miscarriage of justice. The effect of the decision combined with later cases was to change the nature and style of criminal advocacy in the courts.

This is an essential text for anybody dealing in criminal law who wishes to avoid claims of defective representation. As complaints about representation give rise to questions as to what ought to have been done, some consideration is given to traditional advice on the art of advocacy.

Advocacy, Scots Law
1. Introduction
Law of lawyers
Professional conduct
Establishing a professional relationship
Extent of authority
Professional relationships
Duties to others
General discussion
Criminal trials
Bachelor’s case
Traditional advice on pleading
Immediately before Anderson’s case

2. Anderson v HM Advocate

3. Discussion
Failure of investigation and preparation, Professional discretion

4. Reassessing the Anderson principle?

5. Grant v HM Advocate

6. Assistance from counsel or solicitors complained against

7. England and Wales
R v Irwin, R v Ensor, R v Clinton, R v Ullah, R v Day, R v Gleeson, R v Adams

8. Comparative cases from other jurisdictions