A trial judge who is critical of defence counsel's conduct should, as far as possible, raise concerns in the absence of the jury and warn counsel that continued misconduct will require correction in the jury's presence. Persistent disparaging remarks directed at counsel in the jury's presence carry two distinct risks: undermining counsel's credibility and creating an impression that the judge views the defence case unfavourably. A direction to the jury not to hold the judge's criticism against the accused may be insufficient to cure these vices where the judge's comments have given rise to a perception that counsel lacked judgment or was inclined to be misleading.
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