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Criminal Appeals – duties to the Court to make enquiries

Purpose: To draw barristers' attention to their duties to the Court in criminal appeals to make enquiries as to the factual basis for grounds of appeal, and to give practical advice as to how to comply and as to how to respond to such enquiries
Scope of application: Barristers involved in Criminal Appeals
Issued by: The Ethics Committee
First reviewed: 01/06/2016
Last reviewed: 01/02/2023
Status and effect: Please see the notice at end of this document. This is not "guidance" for the purposes of the BSB Handbook I6.4.

Criminal appeals – duties to the court – duties of barristers to make enquiries in all cases – duties in relation to criticisms of former legal representatives – confidentiality and privilege in discussions with former legal representatives – duties in relation to Grounds of Appeal – waivers of privilege – duties of barristers asked to respond to enquiries – how to respond to enquiries – dealing with failures to respond – consequences of failure to respond – settling Grounds of Appeal – relevant case extracts – checklist of relevant issues

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Important Notice
This document has been prepared by the Bar Council to assist barristers on matters of IT. It is not “guidance” for the purposes of the BSB Handbook I6.4, and neither the BSB nor bodies regulating information security nor the Legal Ombudsman is bound by any views or advice expressed in it. It does not comprise – and cannot be relied on as giving – legal advice. It has been prepared in good faith, but neither the Bar Council nor any of the individuals responsible for or involved in its preparation accept any responsibility or liability for anything done in reliance on it. For fuller information as to the status and effect of this document, please see

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