Question 1 of 10

You have been informed by your clerks that solicitors wish to instruct you to defend in an allegation concerning Assault Occasioning Actual Bodily Harm. On hearing the names of the parties, you recognise the name of the complainant and defendant. You conduct a search of your laptop and previous instructions, and find that you had prosecuted the defendant in an earlier trial for assault on the same complainant. You are of the view that you can act independently and in the best interests on behalf of the defendant.Which of the following would be the best course of action to take to ensure there is not a conflict of interest?

A. You should contact your instructing solicitor to inform her. She indicates that the defendant is of the view you should be instructed as you have a greater knowledge of the surrounding facts. B. You should ask your clerks to contact the Crown Prosecution Service and the instructing solicitor. They may both consent for you to continue to act and then you can retain the brief. C. You should explain to your clerks and your instructing solicitor that you should return the brief as you have previously been instructed to prosecute your client. D. You should contact Crown Prosecution Service and if they consent to you accepting the instructions and you should continue to act on behalf of the Defendant.