Which rule states the exception to returning a brief when defending a serious criminal offence?

• A. Rule 99
• B. Rule 102
• C. Rule 101
• D. Rule 107

Answer: (C)

The key idea is that there is a specific rule that creates an exception to the general duty to return a brief when the defence is for a serious criminal offence. This rule exists to protect the defendant’s right to a fair and effective defence by preserving continuity of representation at crucial stages of a serious case. Rule 101 sets out this exception, allowing the barrister to retain the brief under appropriate circumstances so the same counsel can continue acting without unnecessary disruption. This helps prevent prejudice to the defence that could arise from switching counsel or losing familiarity with the case at important moments. Other rules cover routine returns and other, unrelated aspects of briefing, but they do not establish this particular exception for serious criminal matters.