Found Deceased UK - Sarah Everard, 33, London - Clapham Common area, 3 March 2021 *Arrests* #13

Discussion in 'Located Persons Discussion' started by tesni, Mar 5, 2021.

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  1. Alyce

    Alyce Well-Known Member

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    Cab-rank rule
    In English law (and other countries which adopt the rule), the cab-rank rule is the obligation of a barrister to accept any work in a field in which they profess themselves competent to practise, at a court at which they normally appear, and at their usual rates. The rule derives its name from the tradition by which a Hackney carriage driver at the head of a queue of taxicabs is obliged to take the first passenger requesting a ride.

    The cab rank rule is set out at rC29 of the Bar Standards Board Handbook. It states that if the barrister receives instructions from a professional client and the instructions are appropriate taking into account their experience, seniority and/or field of practice, they must (subject to the exceptions in rC30) accept those instructions irrespective of:

    1. The identity of the client;
    2. The nature of the case to which the instructions relate;
    3. Whether the client is paying privately or is publicly funded; and
    4. Any belief or opinion which you may have formed as to the character, reputation, cause, conduct, guilt or innocence of the client.[1]
    Without the cab-rank rule, an unpopular person might not get legal representation; barristers who acted for them might be criticised for doing so.
     


  2. Low1

    Low1 Member

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    The many hours the accused spent in London (or wherever else he may have been) before SE kidnapping will be investigated extensively. Of course I am only speculating but there is also a chance other witness’ may have come forward from not only during and after the offence but in the time period before. He may have been prowling the streets for an opportunity for a few hours, it’s so high profile of a case I’m sure people may remember something.
     
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  3. Commoner

    Commoner Well-Known Member

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    Anyone know if there are still section houses in London, or have they all been sold off now?

    (Section house = police owned accommodation)
     
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  4. Lisa@ashford

    Lisa@ashford Member

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    Seems to have a very good barrister
     
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  5. Nikynoo

    Nikynoo Verified Attorney - United Kingdom

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    Thank you, very useful info.
     
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  6. Sherlockhames

    Sherlockhames Well-Known Member

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    This is a good thing. The barrister will be providing advice as to the case against the defendant and based on his defence argument will advise on what is and isn’t appropriate. eg if there is compelling ID and forensic evidence and the suspect says - “but yeah, that was mine, I was there, but I’m going to pretend I wasn’t” the defence barrister cannot put forward a known statement of purjury. But if anything is inconclusive, the defendant denies it all completely, but is still found guilty then having been represented by a top QC means the court has decided the case with the best possible representation. Ultimately the fate of the defendant should be settled upon by the jury hearing the evidence, so the best possible legal case on both sides gives the public the confidence justice has been appropriately served.
     
  7. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

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    Not a stupid question at all @asyousay! I think just about anybody charged with murder -- especially high profile case-- qualifies for legal aid because of the cost of hiring a private criminal attorney. The same wouldn't be true if the defendant was facing a simple assault charge.

    Also, I recently followed a case where the defendant was served a garnishment after he was convicted. The State is garnishing a nominal, monthly annuity payable to the defendant to recover the cost of his public defender.
     
    Last edited: Mar 16, 2021
  8. Barbieshell

    Barbieshell Always be kind folks YOLO

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    Just a thought, if the accused has possibly hired cars on a frequent basis - would they all have trackers ? would the paperwork still remain / be backed up somewhere ?
    Potentially this investigation has a long way to go yet, I just hope there is sufficient time. MOO, JMOO.
     
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  9. Alethea

    Alethea Verified Attorney

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    Is this something you sign up to participate in? I have friends who work in big London law firms and I can’t imagine they just get a call that they have to go defend some rapist just because they work on white collar crime cases. Or is that how it works?
     
  10. Parker Knoll

    Parker Knoll Well-Known Member

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    He will of been offered a “ duty solicitor “ at the police station at the initial arrest. He may of taken LE up on that offer or he may have used his own personal solicitor of choice if he knew one. That solicitor then instructs a barrister through speaking to the senior clerk in the barristers chambers the QC is a member of ( I was a Snr barristers clerk in a very big set for 20 yrs so I know the drill ) they hold all the diaries for their members of chambers ( QCs and junior barristers ) this is VERY high profile so the defendant will have a QC and Junior representing him in court if it gets to trial and a guilty plea is not entered in July. This will undoubtedly be Legal Aid possibly with a contribution depending on earnings. The prosecuting QC will have the same ( junior as well ) His clerk will have spoken to the solicitor at length as to the right choice of counsel. You would be very surprised at how not all barristers and QCs are suitable or even that good scarily .... some I wouldn’t trust to take my dog for a walk ! Cab rank rules apply so in THEORY if a barrister has a case in court on the same day as another trial that may be higher profile or better paid he cannot take it. It happens though that the original case goes to someone else in chambers and the barrister is now miraculously “ free “ to do the case very often but it is frowned upon. The QC and juniors diary is then blocked off, Brief fees as it is termed agreed if privately paid ie, a fee for the first day in court so a big lump sum and what’s known as “ refreshers “ for each subsequent day in court thereafter. Legal aid fees worked out differently. Now trial date in the diary the QC and juniors get the defence case ready for court in October.
     
  11. Skigh

    Skigh Well-Known Member

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    I think much of the confusion about the time he worked is because after his arrest all MSM reports had him working a relief shift between 2pm and 8 pm.

    the only way I can make both times work out is if he slept somewhere between finishing his shift at 7am and starting the relief shift at 2pm.
     
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  12. Nikynoo

    Nikynoo Verified Attorney - United Kingdom

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    When you say law firms, do you mean your friends are solicitors or are they barristers? There is a distinct difference between the two and how they operate.

    Edited for wonky keyboard error.
     
  13. Finders_Keepers

    Finders_Keepers Well-Known Member

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    If that’s what the court said that is what will be accurate. The timings of his shifts actually make a lot of sense. If you assume no one else is involved then most people need some kind of explanation with a partner and family of where they are going/are.

    Usual caveats that no one has been convicted but if you were preplanning something like this perhaps the obvious is to act and say things that don’t raise suspicion. Like say you are working a night shift the following day too.

    Go home, sleep during the day, nothing unusual, head off to London in the evening on the pretence of a 9 PM to 7 AM shift (I believe they are 10 hours) Means your wife and anyone else isn’t going to be wondering where you are going or expecting you back until after 9 AM the following day.

    Timings would fit as well if heading up to London to start a 9 PM night shift
     
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  14. Alethea

    Alethea Verified Attorney

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    Ah good point! Working with us here they are just referred to as "partners" in their firm but it looks like everyone I was thinking of is a solicitor based on their firm websites.

    It seems like your barristers work like a combination of our plaintiff trial lawyers and our criminal defense bar.
     
  15. Finders_Keepers

    Finders_Keepers Well-Known Member

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    The shifts the court said will be correct. Finished early morning on the day SE went missing. The timings of his shifts actually make a lot of sense. If you assume no one else is involved then most people need some kind of explanation with a partner and family of where they are going/are.

    Usual caveats that no one has been convicted but if you were preplanning something like this perhaps the obvious is to act and say things that don’t raise suspicion. Like say you are working a night shift the following day too.

    Go home, sleep during the day, nothing unusual, head off to London in the evening on the pretence of a 9 PM to 7 AM shift (I believe they are 10 hours) Means your wife and anyone else isn’t going to be wondering where you are going or expecting you back until after 9 AM the following day. Would give you all night to do whatever you were planning

    Timings would fit as well if heading up to London to start a 9 PM night shift
     
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  16. Nikynoo

    Nikynoo Verified Attorney - United Kingdom

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    Yes, Exacty that.

    We had a trial in the US (California), that was very alien to me - but was a great learning experience.
     
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  17. Blanche

    Blanche Well-Known Member

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    No they don't all qualify for legal aid, there are two test 1 the merits , he will qualify on that but he also has to pass the means test
    Work out who qualifies for criminal legal aid
     
  18. Alyce

    Alyce Well-Known Member

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    Cab-rank rule
    In English law (and other countries which adopt the rule), the cab-rank rule is the obligation of a barrister to accept any work in a field in which they profess themselves competent to practise, at a court at which they normally appear, and at their usual rates. The rule derives its name from the tradition by which a Hackney carriage driver at the head of a queue of taxicabs is obliged to take the first passenger requesting a ride.

    The cab rank rule is set out at rC29 of the Bar Standards Board Handbook. It states that if the barrister receives instructions from a professional client and the instructions are appropriate taking into account their experience, seniority and/or field of practice, they must (subject to the exceptions in rC30) accept those instructions irrespective of:

    1. The identity of the client;
    2. The nature of the case to which the instructions relate;
    3. Whether the client is paying privately or is publicly funded; and
    4. Any belief or opinion which you may have formed as to the character, reputation, cause, conduct, guilt or innocence of the client.[1]
    Without the cab-rank rule, an unpopular person might not get legal representation; barristers who acted for them might be criticised for doing so.

    It's the basic principle that the system relies upon. The barrister is allowed to refuse if there are good reasons why they can't accept the job.
    See Parker Knoll's post 476 which gives a very good outline of how it works.
     
  19. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

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    I just read that the Firm believed to be representing WC has a novel approach under "Direct Access" where one barrister gets involved early instead of both a solicitor and a barrister, there's a consequent and significant cost saving for the client. However, I don't know if they offer this for criminal cases.

    Direct Access - 2 Bedford Row - Criminal Barristers Chambers
     
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  20. Sherlockhames

    Sherlockhames Well-Known Member

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    In response to Alethea’s post -


    Is this something you sign up to participate in? I have friends who work in big London law firms and I can’t imagine they just get a call that they have to go defend some rapist just because they work on white collar crime cases. Or is that how it works?




    There is a good post by ParkerKnoll on this.
    The QC/chambers are requested/selected by the defence solicitor. The chambers is contacted and maybe QC asked for by name as the defence solicitor knows their expertise and how appropriate they are based on the accused’s defence (caution - we don’t know what this is yet - and that it entitled to be believed as much as the salacious speculation the MSM/we here on WS have participated in).

    On this basis, the barrister cannot refuse unless they are already committed to another case or suspect they wouldn’t get paid. My understanding is that they cannot refuse to take the case just because they don’t like the look of the defendant. (They could however refuse if they feel they do not have the sufficient expertise - so no, white collar crime lawyers are unlikely to get called upon in a high profile murder case).

    Justice would otherwise not get served if essentially barristers were opining on assumed guilt if the defendant is maintaining innocence. Unless there are any UK legal experts out there who can correct me?
     
    Last edited: Mar 16, 2021
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