Appearance in Person—Recent Developments
| DOI | 10.1177/002201838805200307 |
| Published date | 01 August 1988 |
| Date | 01 August 1988 |
| Subject Matter | Comment |
Comment
APPEARANCE IN PERSON-RECENT DEVELOPMENTS
In a recent article (51 J
.c.L.
338) the general law relating to
appearance in person in Criminal Courts was examined. Further
developments were not expected to occur for a considerable time.
That was a mistaken view.
It
is ironic perhaps that the case law
on appearance in person so often occurs as a result of later litigation
in superior courts through the medium of legal representation. The
general headings used previously are given for each topic and an
attempt is made to relate the development to previous law.
1. The General Issue
of
Legal Representation
The majority of the Privy Council in Robinson' advised that there
could be no absolute right to legal representation in a criminal
trial-in
that case a capital murder. This opinion is further
supported by the House of Lords on appeal from Northern
Ireland.? As with Robinson there are technical and jurisdictional
limits with this decision, but the principle in Hone is clearly in line
with Robinson.
In this case, prisoners were alleged to have assaulted a prison
officer and were charged with offences against prison discipline,
to which they pleaded not guilty. Underthe Prison Rules (Northern
Ireland) 1982 the inquiry was conducted by the Board of Visitors
as delegates of the Secretary of State. Rule 30(2) requires that at
any enquiry the prisoner "shall be given a full opportunity of
presenting his own case". At the hearing, prisoners requested to
be legally represented but the Board refused their requests. The
Board found the charges proved and awarded variously loss of
privilege, cellular confinement and loss of
remission-the
prisoners
were serving long terms. Applications for judicial review were
dismissed by Gibson L.J. and the Court of Appeal in Northern
Ireland.
Lord Goff of Chieveley gave the judgment of the House
1(1985) 2 All E.R. 594; see also N. Hawkes, [1988] The Observer, February 28,
1988.
2R. vBoard
of
Visitors
of
H. M. Prison, The Maze, ex p. Hone; McCartan (1988)
2W.L.R. 177.
285
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