PKA and PJA, R v Re (Application for 2 juniors) [2014] EW Misc 8 (CC) (26 February 2014)

PKA and PJA, R v Re (Application for 2 juniors) [2014] EW Misc 8 (CC) (26 February 2014)

The court determined that the defendants' cases involved substantial complex issues of fact which could not be adequately presented by a single advocate, and that all three prosecution conditions (two prosecution advocates, more than 80 witnesses, more than 1000 pages of evidence) were satisfied. The case did not require the rank of Queen's Counsel, but justified the grant of two junior counsel.

Citation
[2014] EW Misc 8 (CC)
Parties
Defendant: PKA; Defendant: PJA; Prosecution: The Crown
Jurisdiction
England and Wales
Judgment Date
26 February 2014
Procedural Posture
Criminal / Application to Extend Representation Order for Two Junior Counsel
Outcome
applications granted
Legal Topics
Representation Orders, Legal Aid Regulations, Appointment of Counsel
Criminal Law Legal Aid Representation Orders Legal Aid Regulations Appointment of Counsel

Case Brief

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Parties

PKA

Defendant

PJA

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Application to Extend Representation Order for Two Junior Counsel

Legal Issues

  1. 1 Whether the defendants are entitled to be represented by two junior counsel under the new Criminal Legal Aid (Determination by a Court and Choice of Representative) Regulations 2013 as amended
  2. 2 Whether the complexity of the case or other qualifying conditions justify the extension of the representation order

Ratio Decidendi

The court determined that the defendants' cases involved substantial complex issues of fact which could not be adequately presented by a single advocate, and that all three prosecution conditions (two prosecution advocates, more than 80 witnesses, more than 1000 pages of evidence) were satisfied. The case did not require the rank of Queen's Counsel, but justified the grant of two junior counsel.

Court Disposition

applications granted

Orders

  • Representation orders for both defendants extended to permit representation by two junior counsel.