Regarding disclosure of previous convictions, which statement is correct?

• A. Lawyers must disclose all adverse material to the court
• B. Lawyers must not actively mislead the court
• C. Lawyers must ask prosecution witnesses about past convictions
• D. There is no duty to disclose adverse material to the court

Answer: (D)

The idea being tested is how far a barrister’s duty to disclose adverse material extends when it comes to a client’s past convictions. The correct stance is that there isn’t a blanket obligation to disclose all adverse material to the court. A barrister must not mislead the court, and if information is truly relevant, it should be addressed through proper channels so the court isn’t misled. But there is no general duty to proactively disclose every adverse fact about a client’s past convictions to the court. This explains why the other statements aren’t correct: requiring disclosure of all adverse material goes beyond the duty and can conflict with confidentiality and strategic advocacy; there is no mandatory obligation to prod prosecution witnesses about past convictions; and asserting a broad duty to disclose to the court itself overstates the requirement.