McKenzie friend help please.

[afee12345]

Is a McKenzie friend allowed to assist for a motoring summary offence in a magistrate court?

 

I need to write a letter to court to be allowed a McKenzie friend and need help in writing one, any template please?

[Ganymede]

Hi, silly question but why do you need one?

[afee12345]

friend of mine is in court for trial,first time in court and wrongly accused of a motoring offence.

has no idea of court procedures and unable to afford a lawyer to represent him.

i would like to help him through the process and guide him what to say , when and any questions to raise with witness.

[Ganymede]

What offence?

 

Try this...

 

https://www.gov.uk/represent-yourself-in-court/overview

 

https://www.judiciary.gov.uk/publications/mckenzie-friends/

[afee12345]

What offence?

 

Try this...

 

https://www.gov.uk/represent-yourself-in-court/overview

 

https://www.judiciary.gov.uk/publications/mckenzie-friends/

 

offence is for careless driving,

 

problem is accused cannot speak English and never been to a court, i would help him with a written statement to present the court and help him with any cross examinations.

[Ganymede]

i would help him with a written statement to present the court and help him with any cross examinations.

 

 

Afraid you can't do that.

[Ganymede]

The Right to Reasonable Assistance

2) Litigants have the right to have reasonable assistance from a layperson, sometimes called a McKenzie Friend (MF). Litigants assisted by MFs remain litigants-in-person. MFs have no independent right to provide assistance. They have no right to act as advocates or to carry out the conduct of litigation.

What McKenzie Friends may do

3) MFs may:

i) provide moral support for litigants;

ii) take notes;

iii) help with case papers;

iv) quietly give advice on any aspect of the conduct of the

case.

 

What McKenzie Friends may not do

4) MFs may not:

i) act as the litigants’ agent in relation to the proceedings;

ii) manage litigants’ cases outside court, for example by signing court documents;

iii) address the court, make oral submissions or examine witnesses.

 

Rights of audience and rights to conduct litigation

18) MFs do not have a right of audience or a right to conduct litigation. It is a criminal offence to exercise rights of audience or to conduct litigation unless properly qualified and authorised to do so by an appropriate regulatory body...

[afee12345]

Afraid you can't do that.

 

i meant questioning the witness,(what questions to put forward) is that possible?

[Ganymede]

See above.

[afee12345]

accept MF have no right to audiance however can MF forward questions to LIP reasonably undermines the case to put across to witness?

[Ganymede]

Well you could tell him what to say the day before as how would the Court ever know?

 

It's possible for your friend to apply to the Judge on the day for you to be MF but there are no guarantees and I wouldn't fancy your chances in the Mags.

[afee12345]

any help in writing a template to judge before the case hearing?

[Ganymede]

any help in writing a template to judge before the case hearing?

 

Not something I've ever had to do I'm afraid so I can't help.

 

The letter/application for you to be a MF will have to come from your friend though and not you.

[Rexroth]

"problem is accused cannot speak English"

 

So what is the position regarding an interpreter?