Where an accused's own conduct causes successive legal representatives to withdraw due to irreconcilably conflicting instructions, and the trial judge is satisfied that no new lawyer would be able to obtain different instructions, the trial may continue without legal representation without constituting a miscarriage of justice. The trial judge's obligation under s 10 of the Mental Health (Criminal Procedure) Act 1990 to inquire into fitness does not arise where defence counsel has expressly abandoned any fitness application and the judge's own observations do not warrant such an inquiry.
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