Quarterly Summary
| DOI | 10.1177/002201836202600412 |
| Published date | 01 October 1962 |
| Date | 01 October 1962 |
| Subject Matter | Article |
Quarterly Summary
(Extended reports
of
some
of
the
cases
here summarized will be
given in our next issue
.-Editor)
NO LAPSE OF DEFENCE CERTIFICATE
R.
v. Mullins
A
LEGAL
'aid certificate does not lapse as soon as a convic-
tion has been recorded, said Paull, J., in the Court of
Criminal Appeal.
Time
and again it has been said
that
once a
jury
has convicted,
the
solicitor can do nothing further with
regard to
the
matter until he has further instructions and has
made further application.
This
is not so, said Paull, J., for
according to the Poor Prisoners' Defence (Defence Certificate)
Regulations, 1960
(S.l.
1960 No. 260), reg. 6, when asolicitor
is assigned under a defence certificate he can undertake any
work necessary to give notice of appeal or application for leave
to appeal.
The
certificate does not lapse as soon as conviction
is recorded.
(joth
July, 1962).
WRONG DATE
IN
NOTICE NOT FATAL
Goody v. Fletcher
A charge of driving without due care and attention was
based on a collision which occurred on
znd
September, 1961,
but
this date was incorrectly given in
the
information and in
the
summons as
3rd
September, 1961. Application at
the
hearing was made to amend these documents and this was
allowed. At the conclusion of the prosecution's case
the
notice of intended prosecution was produced by
the
defendant's solicitor in which the wrong date of
3rd
September
was also given.
It
was contended
that
there was no power to
amend this notice and
the
justices held
that
it was invalid and
dismissed the summons.
The
Divisional Court sent
the
case
back to the justices with adirection
that
the
notice was not
invalidated as
the
defendant had not been misled.
The
notice
clearly brought to his attention
the
event for which he might be
318
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