Where defence counsel is or has been in an intimate relationship with the Crown prosecutor, there is an ethical duty to disclose that relationship to the client before trial. Failure to disclose constitutes a miscarriage of justice if an ordinary fair-minded citizen in the position of the accused, with knowledge of all relevant circumstances, would entertain a reasonable suspicion that justice had miscarried. Full and frank disclosure followed by informed waiver (preferably in writing) is the appropriate course; a total prohibition on intimate partners acting as adversaries is not required.
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