The McKenzie friend – rights of audience case Law

June 27, 2012

CASE LAW

HM Prison Armley & Anor [2011] EWHC 2269 (Admin) (26 August 2011)

URL: http://www.bailii.org/ew/cases/EWHC/Admin/2011/2269.html

    Cite as: [2011] EWHC 2269 (Admin)

1. … I was also asked to consider (by his McKenzie friend, Mr Jarvis) whether or not it was open to me to hear an application by the Claimant to purge his contempt.

3. … I was also addressed by his McKenzie friend, Mr Jarvis.

4. At the hearing on 25 August 2011 I was addressed at length by the Claimant. Mr Jarvis also made representations on his behalf.

7. The Claimant was not represented by a lawyer …

8. … Mr Jarvis made short submissions in support of those contentions. …

21. During the course of his oral representations Mr Jarvis raised the possibility of the Claimant applying to me to purge his contempt.

22. I should say for completeness that I assumed I had jurisdiction to grant bail not as the judge who had determined the application for habeas corpus against the Claimant but, rather, as a judge of the High Court who is authorised to sit in the Court of Appeal Criminal Division and to whom an application (albeit very informally) had been made for bail pending appeal.

[2011] EWHC 2269 (Admin)

BACKGROUND

People recently have been informing me of difficulties they have had while helping friends who may be facing Court action, with being recognised by the Court, as normally Court Magistrates and Judges are used to dealing with people who they term as Lawyers,

Wikipedia legal definition;

In England and Wales, “lawyer” is used loosely to refer to a broad variety of law-trained persons. It includes practitioners such as barristers, solicitors, legal executives and licensed conveyancers, ; and people who are involved with the law but do not practise it on behalf of individual clients, such as judges, court clerks, and drafters of legislation.

When playing my small part in the campaign to free Norman Scarth, one of my roles was that I acted as McKenzie friend in Court, which in real terms meant I actually took on the role of a Barrister and Solicitor combined, in that I filled out all the forms and created multiple copies of relevant paperwork, including evidence and dealt with communication to and from the Court and was even granted Legal visits to Norman Scarth in the Prison, going as far as applying for permission to take a tape recorder in, which permission was granted for.

I am not a legal professional, nor do I have any formal qualifications. I am self taught, driven by a desire to correct the inequality within the justice system.

Before this application was made, any application for a Writ has been made by very senior practising Lawyers who specialise within the High Court.

On the 25 August 2011, all that changed as it was written in to case Law that the rights of the common Law advocate remain, and are reasserted under the ever evolving status of ‘McKenzie friend’.

No application was made for rights of audience to address the judge, but it was simply granted.

The matter sat in both Civil and Criminal jurisdiction within the High Court of Justice (see paragraph 22) meaning this case Law has implications for every Civil and Criminal hearing at regional and national level.

WHAT THIS MEANS TO YOU

Legal Maxim “He who fails to assert his rights has none.”

This asserts in Law that any man or woman may have any representation of their own choosing and that representation does not have to be a recognised Lawyer or indeed have any qualifications.

Therefore if you wish to assist a friend in Court you may quote the above case Law, copy, paste and print, with its reference, and submit this to the Court in writing at the outset of proceedings.

The case law grants the McKenzie friend rights of audience in all matters whether Civil or Criminal proceedings.

The case law also established the right to make informal on the spot applications by the McKenzie friend.

It is your duty to assert your rights in this way, as it makes it easier for the next man or woman.

This way the judiciary gets used to doing things fairly again.

Please share this article and copy and paste as these are the rights of everyone.

Author : Chris Jarvis

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