Western Australian Current Regulations Western Australian Current Regulations A barrister briefed to
appear in criminal proceedings whose client confesses guilt to the barrister
but maintains a plea of not guilty:
(a)
should, subject to the client accepting the constraints set out in
(b)–(h) but not otherwise, continue to act in the client’s
defence,
(b) must
not falsely suggest that some other person committed the offence charged,
(c) must
not set up an affirmative case inconsistent with the confession,
(d) must
ensure that the prosecution is put to proof of its case,
(e) may
argue that the evidence as a whole does not prove that the client is guilty of
the offence charged,
(f) may
argue that for some reason of law the client is not guilty of the offence
charged,
(g) may
argue that for any other reason not prohibited by (b) or (c) the client should
not be convicted of the offence charged, and
(h) must
not continue to act if the client insists on giving evidence denying guilt or
requires the making of a statement asserting the client’s innocence.