Page 1847 - 6. 2016 Diary 1st half New 26-05-21 No Table

independence of the legal profession from the State
(Staroszczyk v. Poland, 133), that the conduct of
the defence is essentially a matter between the
defendant and his counsel, whether counsel is
appointed under a legal aid scheme or is privately
financed. The conduct of the defence as such
cannot, other than in special circumstances, incur
the State's liability under the Convention (Tuzinski
v. Poland (Dec.)).
However, assigning a lawyer to represent a party
does not in itself guarantee effective assistance
(Sialkowska v. Poland, 110 and 116). The lawyer
appointed for legal aid purposes may be prevented
for a protracted period from acting or may shirk his
duties. If they are notified of the situation, the
competent national authorities must replace him;
should they fail to do so, the litigant would be
deprived of effective assistance in practice despite
the provision of free legal aid (Bertuzzf v. France,
30).
It is above all the responsibility of the State to
ensure the requisite balance between the effective
enjoyment of access to justice on the one hand and
the independence of the legal profession on the
other. The Court has clearly stressed that any
refusal by a legal aid lawyer to act must meet
certain quality requirements. Those requirements
will not be met where the shortcomings in the legal
aid system deprive individuals of the "practical and
effective" access to a court to which they are
entitled (Staroszczyk v. Poland, § 135; Sialkowska
v. Poland,
432,
114 - violation).
I am no lawyer myself and I am trying to go
through the human rights act which is a very long
document and extremely difficult to understand.
You were also aware my son and I have been
working from older bundles and ordered the
solicitors who were acting for my son before they
were removed from record on the 21/09/2016 by
your honour to pass the correct bundles to us. Upon
seeing these bundles, it has come to light that there
are statements we have never seen before this date
and never have seen them before the trial of the
lower court. I am not sure if these statements have
been added after the last trial when the appeal was
applied for or if my son’s last solicitor has had
these statements and they were not given to us. I do
know they are dated before the last trial took place.