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The whole thing is going to be completely cockeyed if they introduce a similar system to that in the Criminal Courts. I regularly act as court appointed. What I am not obliged to do is put the defendant's case because I am not instructed by her/him.

If you refuse to allow a party to cross examine a witness, then you have to ensure that that party's case is actually put to the witness. Otherwise, you might just as well accept the witness's evidence without more.

Following DPP v Abbas, I do engage with the defendant and take details of what his or her case actually is and then put that to the witness. Some court appointed advocates don't do that.

It is worthwhile mentioning that court appointed advocates are paid at private rates and my bill for acting as such regularly dwarfs the amount I would be paid if the defendant had legal aid.

The only sensible thing to do is grant the person accused of this type of behaviour legal aid so that their case is properly put .

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