Bothwell, R. v [2006] NICA 35 (11 September 2006)

Bothwell, R. v [2006] NICA 35 (11 September 2006)

The statutory framework does not grant solicitor advocates a general right of audience in the Court of Appeal in criminal matters; the court's inherent jurisdiction to grant such rights should only be exercised where the interests of justice require it, which is not established in this case; Article 6 ECHR does not override statutory limitations on rights of audience.

Citation
[2006] NICA 35
Parties
Prosecution: Regina; Defendant: Deborah Bothwell
Jurisdiction
Northern Ireland
Judgment Date
11 September 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction; Application for Rights of Audience for Solicitor Advocates
Outcome
application dismissed
Legal Topics
Rights of Audience, Solicitor Advocacy, Inherent Jurisdiction, Article 6 ECHR, Legal Aid
Criminal Law Legal Profession Regulation Constitutional Law Rights of Audience Solicitor Advocacy Inherent Jurisdiction Article 6 ECHR Legal Aid

Case Brief

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Parties

Regina

Prosecution

Deborah Bothwell

Defendant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction; Application for Rights of Audience for Solicitor Advocates

Legal Issues

  1. 1 Whether solicitor advocates have a right of audience in the Court of Appeal in criminal matters in Northern Ireland
  2. 2 Whether the court should exercise its inherent jurisdiction to grant rights of audience to solicitor advocates in this case
  3. 3 Whether refusal to grant such rights infringes Article 6 ECHR (right to counsel of choice)

Ratio Decidendi

The statutory framework does not grant solicitor advocates a general right of audience in the Court of Appeal in criminal matters; the court's inherent jurisdiction to grant such rights should only be exercised where the interests of justice require it, which is not established in this case; Article 6 ECHR does not override statutory limitations on rights of audience.

Court Disposition

application dismissed

Orders

  • Application by solicitor advocates for rights of audience in the Court of Appeal is refused.