21 January 2010
Sondy v Crown Prosecution Service [2010] All ER (D) 41 (Jan)
Where appellants in extradition cases asserted on appeal that arguments had not been made or evidence not adduced before the lower court because of the professional negligence or professional misconduct by those who represented him before that court, the practice of the Court of Appeal, Criminal Division should be followed.
Accordingly, the correct procedure was for the appellant formally to be invited to waive privilege and, whether he did so or not, for the lawyers concerned to be asked to respond to the points against them. Appeals could not proceed on the basis of untested assertions of that kind.
