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if a barrister breaks rules could the victim request a retrial?

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  • if a barrister breaks rules could the victim request a retrial?

    i was just thinking that if defendants can request a retrial if they believe barristers acted majorly incorrectly which resulted in an unfair trial, could a victim?

    see in my trial the barrister used some very inapproriate tactics in order to reduce me to a wreck so i couldnt give my evidence properly. this obviously affected my credibility as a witness as i couldnt actually say things so couldnt prove the defendant was lying, plus it fed into hi game plan (that i had got upset because i am overly emotional and mental).

    his tactics were so out of order he had to be warned at least 3 times by the judge. i never made a complaint because i couldnt face it. but it wasnt just me who thought he went too far, so did the one police officer who sat in for a while, my barrister and the judge. the judge even had to call a break just to warn him.

    i do not know much about barristers codes of conduct but i am aware he did not do as he should.

    if it was possible i would still have no intention of ever trying to get a retrial. its over now. but i just wondered if there is some system in place for victims to request a retrial if the barrister behaved inappropriately?
    "I dreamt I went to the doctor's and she gave me eight minutes to live. I'd been sitting in the f**king waiting room half an hour." Sarah Kane (4.48 Psychosis)

  • #2
    A defendant cannot request a retrial under any circumstances.

    The only time a retrial could be ordered is if the conviction was quashed and a retrial ordered by the Court of Appeal.

    If the Crown believe that the not guilty verdict was manifestly wrong they can appeal the not guilty verdict by way of CA. These applications, I believe, are rarely made so therefore I would suggest they would rarely succeed.

    The issue of "double jeopardy" where a defendant cannot be retried for the same offence (other than by way of CA) has now changed somewhat; for instance if there was irrefutable evidence that would prove the defendant DID commit the offence of which he was found not guilty, then I believe that the Crown can now call for a retrial. However, the evidence would have to be so strong (for instance DNA) that there would be more than a reasonable chance of conviction.

    This is how I understand it anyway.
    Last edited by Rights Fighter; 13 August 2009, 08:20 PM.
    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

    PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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    • #3
      i just sometimes feel like although the law is unfair and doesnt work for so many people, it isnt always equal. if a prosecution lawyer majorly messed up leading to the trial being unfair (i.e had broken the code of conduct) then i could well be wrong but couldnt that be grounds for the vedict to be quashed and a retrial take place? however if its the defence lawyer that does it he just gets a slap on the wrist?

      i don't know. i should probably just move on and realise the system is fatally flawed and one more rapist walks free. but it really messed me up. his barrister has made me feel as that *insert expletive* made me feel. except he got paid to do it. and faces no punishment as well! i should have made a complaint but what would that do anyway? probably get thrown in the bin or else they'd laugh at me for even thinking that something would be done about that when they cant even get a rapist punished.
      "I dreamt I went to the doctor's and she gave me eight minutes to live. I'd been sitting in the f**king waiting room half an hour." Sarah Kane (4.48 Psychosis)

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