FAQ 43

Q43. A solicitor for a defendant has spoken briefly to me about his client’s case. The prosecution subsequently sought to brief me and sent me the papers . I have not had the opportunity to read the papers. Now the defence solicitor is seeking to brief me. Which set of instructions should I take?

A43. This will depend on the nature of the discussion with the defence solicitor and, in particular whether counsel learned anything about the defence case which would give him an undue advantage in presenting the prosecution case. If he has such knowledge then he ought to return the prosecution brief unread. There would be nothing then to prevent him accepting the defence brief in those circumstances. If he has no such knowledge then, the prosecution brief having arrived first, he should take that.