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LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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If the court make a s.36 order and appoint a solicitor to cross-examine

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If the court make a s.36 order and appoint a solicitor to cross-examine the prosecution witnesses can that solicitor also present an abuse of process argument to the court on behalf of the accused or could that be done by a different solicitor
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

The s36 order only covers cross examination. some solicitors will generously do more for free. However there is nothing to stop a dif solicitor doing the abuse argument if that is what the client wants. Is there no grant of legal aid in this case.


I am not entitled to legal aid as my wife's income exceeds the financial threshold. I am a pensioner and suffer from heart disease and Post-Traumatic Stress Disorder.I recently contacted a consultant solicitor, Robert Gregory, based in Eastbourne, who was going to charge me £120 for a consultation then told me he couldn't do it because the court had already appointed a s.36 solicitor. Hence my question to you.

LondonlawyerJ :

No the s 36 order just covers cross examination. The consultant could, if he wanted, carry out the rest of the case for you and you do not have to have the solicitor appointed by the court, you can instruct a solicitor privately to represent you in all the case or all the case bar cross examination (but that wouldn't save you any money as he would want to stay and see what happened in XX). If you can afford to do so you should appoint a solicitor to represent you in the case. If successful you will get most of your legal fees back.

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