FAQ 11

Q11. I am representing a client in a criminal case and during the hearing the client has absconded. The Judge has asked me to remain to assist the court. What should I do?

A11. In this situation you have an absolute discretion whether to continue to act. Should you decide to carry on, the extent of your involvement will depend on whether your instructing solicitors has, in the light of the client absconding, withdrawn from acting or not. If the solicitor is uncertain of their position they should seek professional advice from the Law Society.

If the solicitors decide to withdraw, your role is limited. You should act on the basis that your instructions have been withdrawn and you should not use any material contained in the brief except for anything that has been established in evidence before the court. You should ensure that the Judge instructs the jury that this is the basis on which you are prepared to assist the Court.

If the instructing solicitor does not withdraw from the case, you are free to conduct the case in accordance with any instructions that you have received and on the basis that the client is still present in Court but has decided not to give evidence. You can use any material contained within the brief and may cross-examine witness for the prosecution and call witnesses for the defence.