Legal Method Case Comment Assessment

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Legal Method Case Comment Assessment R v Brown[2015] EWCA Criminal 1328 In the case R v Brown[2015] EWCA Criminal 1328 it was appropriate, in an extremely narrow band of cases and as an additional common law exception to the inviolable nature of legal professional privilege, to extend the principle in R v Cox (Richard Cobden) (1884) 14 Q.B.D. 153 (Cox v Railton) by imposing a requirement that particular individuals could be present at client/lawyer discussions if there was a real possibility that the discussions would be misused in a way amounting to abuse of the privilege that justified interference. The appellant prisoner B appealed against his conviction for attempted murder of a fellow patient at a hight security psychiatric (Rampton) hospital. B had been convicted of two offences of attempted murder and was serving life sentences. He then attempted to murder another patient and admitted it, explaining that he wanted to be returned to prison indefinitely, as his violent thoughts made him dangerous. He had a history of expressing such a desire and had many times self-harmed in extreme ways. He was tried and given a life sentence with a hospital and limitation direction under the Mental Health Act 1983 s.45A. Before the trial his solicitor asked the court to allow him to consult his lawyers from the secure dock of the court in the absence of nurses, custody officers and any others. The hospital applied for an order that he be accompanied by at least two nurses

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