Litigant/Defendant in Person Criminal Procedure conducting own defence
Dear Ministry of Justice,
I enquire on the Litigant/Defendant in Person Criminal Procedure for defendants who defend themselves and the rules/rights on being able to conduct their defence from the defence position in trial rather than the dock in either magistrates or crown court where they are not defended by a legal representative.
I can find no rules or case law and ask the following:
1. Are there guidelines in the CPR?
2. Are there case precedent(s)in judgments or appeals etc?
3. Is it a right or is it up to the court?
4. If it is up to the court what would be the expected basis and considerations for denying?
5. Are there any other guidelines or considerations that the court should adhere to?
6. Would such are restriction by a court not deny the principle to be on an equal footing (equality of arms) with the prosecution.
My concern is that it is common for such people to have to conduct their defence from the dock and to be denied the ability to defend properly as a result, especially where this is in a court where there is plate glass around the dock.
I add the caveat that I am referring only to cases where the defendant is not considered a danger to the court or its staff.
Yours faithfully,
Paul Randle-Jolliffe m.FLS
Dear Ministry of Justice,
I am disappointed that you have not abided by law, the authority should normally have responded promptly and by 21 June 2011
Yours faithfully,
Paul Randle-Jolliffe
Dear Mr Randle-Joliffe,
Please see the attached response
Guy Wilson
Better Trials
Law and Rights
Justice Policy Group
Ministry of Justice
7.37, 7th Floor
102 Petty France
London
SW1H 9AJ
Tel: 020 3334 6072
Fax: 020 3334 5518
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Paul Randle-Jolliffe left an annotation ()
The reply was
With regards to your query, the Bench will decide appropriate protocols for defendants who have chosen to represent themselves as part of the courts focus on proper procedure and the protection of individual rights, including the rights of other court users.
Rather nebulus indicating that there is no protocol for equality of arms in criminal cases!