Re: Post 01/04/18 CC MATTERS ed atkinson 25 Apr 2018 15:25 BST

It is possible to request a crown court bail app is held in chambers so a solicitor not an HCA can appear. It may be a compromise which doesn't mean we cover the Bar's work.
Ed Atkinson

Sent from my iPhone

On 25 Apr 2018, at 15:08, David Nicolls <david@needhampoulier.co.uk<mailto:david@needhampoulier.co.uk>> wrote:

If the case is still in the Mags Court then I don`t think that a CC bail app is actually covered by the Bar`s action anyway.

David Nicolls
Consultant

Needham Poulier Solicitors

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From: members@mail.lccsa.org.uk<mailto:members@mail.lccsa.org.uk> [mailto:members@mail.lccsa.org.uk] On Behalf Of Tony Marshall
Sent: 25 April 2018 15:03
To: Liz Sargeant
Cc: DAWN BURROWS; Trudy Maduro; LCCSA
Subject: Re: Post 01/04/18 CC MATTERS

It is, of course, a personal decision but I do not see that a bail application progresses the matter at all. In all honesty CC Bail App s where it would be an injustice not to make one is still pretty uncommon.
I wouldn’t necessarily make a CC Bail App just because it s a client s right but if a client wants one and has a decent chance of success I would do it pro bono without progressing the case at all. I also think if we, as defence sol’s, have an LA Order then it is arguable that we are contractually bound to make a CC Bail application particularly where the case remains in the MC.
Tony Marshall
Solicitor
Alexander Johnson
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On 25 Apr 2018, at 14:57, Liz Sargeant <Liz@needhampoulier.co.uk<mailto:Liz@needhampoulier.co.uk>> wrote:
Dawn
I agree.
Liz
Sent from my iPhone

On 25 Apr 2018, at 14:50, DAWN BURROWS <dburrows1@hotmail.com<mailto:dburrows1@hotmail.com>> wrote:
I appreciate that we do not want our clients to suffer from the strike action but if we are working pro bono aren't we defeating the purpose of the strike?

We are trying to ensure the future of the profession for all our clients, current and future.

None of us want to be striking, none of us want to see clients left without advocates for bail applications (or any hearings) but we have been forced into this corner by successive governments and working pro bono is exactly what the authorities are relying on - our sense of duty to our client. In some ways that has been our downfall before.

My sense of duty now has to be to the greater cause - I appreciate each of us must make our own decisions but the line has to be drawn somewhere.

Dawn Burrows

________________________________
From: members@mail.lccsa.org.uk<mailto:members@mail.lccsa.org.uk> <members@mail.lccsa.org.uk<mailto:members@mail.lccsa.org.uk>> on behalf of Tony Marshall <tony@alexander-johnson.co.uk<mailto:tony@alexander-johnson.co.uk>>
Sent: 25 April 2018 13:37
To: Trudy Maduro; LCCSA
Subject: RE: Post 01/04/18 CC MATTERS

My view is that if in custody a bail application is made but prior to the PTPH and the Advocate does the Bail App pro bono making it clear that it is pro bono as Advocate and not instructed for PTPH

Tony Marshall

Alexander Johnson Solicitors

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London E2 0AA

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From: members@mail.lccsa.org.uk<mailto:members@mail.lccsa.org.uk> <members@mail.lccsa.org.uk<mailto:members@mail.lccsa.org.uk>> On Behalf Of Trudy Maduro
Sent: 25 April 2018 14:19
To: LCCSA <members@mail.lccsa.org.uk<mailto:members@mail.lccsa.org.uk>>
Subject: Post 01/04/18 CC MATTERS

Dear members,

does the position remain the same for those in custody? How are the courts dealing with this?

Thanks

TRUDY Maduro

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