CD1: You must observe your duty to the Court in the administration of justice

Question 1

Which of the 5 outcomes listed in the Bar Council Code of Conduct under the heading “You and the Court” is missing?

Outcome 1: The court is able to rely on information provided to it by those conducting litigation and by advocates who appear before it.
Outcome 2 The proper administration of justice is served.
Core Duties.
Outcome 4 Both those who appear before the court and clients understand clearly the extent of the duties owed
to the court by advocates and those conducting litigation and the circumstances in which duties owed
to clients will be overridden by the duty owed to the court.
Outcome 5 The public has confidence in the administration of justice and in those who serve it

Answer 1

Outcome 3 The interests of clients are protected to the extent compatible with outcomes oC1 and oC2 and the

Question 2

Which of the 5 outcomes listed in the Bar Council Code of Conduct under the heading “You and the Court” is missing?

Outcome 2 The proper administration of justice is served.
Outcome 3 The interests of clients are protected to the extent compatible with outcomes oC1 and oC2 and the
Core Duties.
Outcome 4 Both those who appear before the court and clients understand clearly the extent of the duties owed
to the court by advocates and those conducting litigation and the circumstances in which duties owed
to clients will be overridden by the duty owed to the court.
Outcome 5 The public has confidence in the administration of justice and in those who serve it

Answer 2

Outcome 1: The court is able to rely on information provided to it by those conducting litigation and by advocates who appear before it.

Question 3

Which of the 5 outcomes listed in the Bar Council Code of Conduct under the heading “You and the Court” is missing?

Outcome 1: The court is able to rely on information provided to it by those conducting litigation and by advocates who appear before it.
Outcome 3 The interests of clients are protected to the extent compatible with outcomes oC1 and oC2 and the
Core Duties.
Outcome 4 Both those who appear before the court and clients understand clearly the extent of the duties owed
to the court by advocates and those conducting litigation and the circumstances in which duties owed
to clients will be overridden by the duty owed to the court.
Outcome 5 The public has confidence in the administration of justice and in those who serve it

Answer 3

Outcome 2 The proper administration of justice is served.

Question 4

Which of the 5 outcomes listed in the Bar Council Code of Conduct under the heading “You and the Court” is missing?

Outcome 1: The court is able to rely on information provided to it by those conducting litigation and by advocates who appear before it.
Outcome 2 The proper administration of justice is served.
Outcome 3 The interests of clients are protected to the extent compatible with outcomes oC1 and oC2 and the
Core Duties.
to clients will be overridden by the duty owed to the court.
Outcome 5 The public has confidence in the administration of justice and in those who serve it

Answer 4

Outcome 4 Both those who appear before the court and clients understand clearly the extent of the duties owed to the court by advocates and those conducting litigation and the circumstances in which duties owed

Question 5

What is Rule C4 under the “You and the Court” heading?

Answer 5

rC4 Your duty to act in the best interests of each client is subject to your duty to the court.

Question 6

An advocate cannot _____ present false evidence nor withhold material evidence. What is _____?

(McPeake, p7)

Answer 6

Knowingly

Question 7

rC5 Your duty to the court _____ require you to act in breach of your duty to keep the affairs of each client confidential.

What is _______?

Answer 7

Does not

Question 8

Guidance C9. Fill in the blanks.

Rule C3.5 makes it clear that your duty to act in the best interests of your client is *** to your duty
to the court. For example, if your client were to tell you that he had committed the crime with which
he was charged, in order to be able to ensure compliance with Rule C4 on the one hand and Rule C3
and Rule C6 on the other:

1. You would __ __ _____ to disclose that information to the court without your client’s consent;
   and
2. You ~~~~~~~~ be misleading the court if, after your client had entered a plea of ‘not guilty’, you
   were to test in cross-examination the reliability of the evidence of the prosecution witnesses and
   then address the jury to the effect that the prosecution had not succeeded in making them sure
   of your client’s guilt.

Answer 8

***** = subject
__ __ _____ = not be entitled
~~~~~~~~~ = would not

Question 9

Guidance C10. Fill in the blanks

After your client had confessed, you ******* misleading the court and would therefore be in breach of Rules C3 and C6 if you were to set up a ~~~~~~~~ case inconsistent with the confession, as for example by: .

1 Suggesting to prosecution witnesses, calling your client or your witnesses to show; or submitting to the jury, that your client did not commit the crime; or

2. Suggesting that someone else had done so; or

3 Putting forward an &&&&&.

Answer 9

********* = would be
~~~~~~ = positive
&&&&& = alibi

Question 10

Fill in the blanks for RC3

You owe a duty to the court to act with independence in the interests of justice. This duty overrides any ++++++ obligations which you may have (other than obligations under the criminal law). It includes the following specific obligations which apply whether you are acting as an advocate or are otherwise involved in the conduct of litigation in whatever role

1 You must not knowingly or mislead or attempt to mislead the court;

2. You must not [][][][][][][][] your role as an advocate;
3. You must take reasonable steps to avoid ____________
4. You must take reasonable steps to ensure that the court has before it all +++++++++++++++.

5 you must ensure that your ability to act ()()()()()()() is not compromised.

Answer 10

\++++++ = inconsistent
 = recklessly 
[][][][][][][][]= abuse
\_\_\_\_\_\_\_\_ = wasting the Court's time
 \++++++++++++++ = relevant decisions and legislative provisions;
()()()()()()()= independently

Question 11

If a client shows you a document that should be disclosed to the Court to comply with CD1, what should an advocate do if the client refuses to disclose?

[A] Disclose the document to the Court
[B] Not disclose the document to the Court
[C] Withdraw from the case

(McPeake, p7; gC13)

Answer 11

[C]

Question 12

gC11 Fill in the gaps:

If there is a risk that the court will be misled unless you disclose confidential information which you have learned in the course of your instructions, you should ask the client for permission to disclose it to the court. If your client refuses to allow you to make the disclosure you ________________: see Rules C25 to C27 below. In these circumstances you ~~~~~~~~~~ reveal the information to the court.

Answer 12

\_\_\_\_\_\_\_\_\_\_ = must cease to act
~~~~~~~~~~~ = must not

Question 13

gC12 Fill in the gaps:

If your client tells you that he has previous convictions of which the prosecution is not aware, you _____ disclose this without his consent. However, in a case where mandatory sentences apply, the non-disclosure of the previous convictions will result in the court failing to pass the sentence that is required by law. In that situation, you must advise your client that if consent is refused to your revealing the information ~~~~~~~~~. In situations where mandatory sentences do not apply, and your client does not agree to disclose the previous convictions, you can continue to represent your client but in doing so must not say anything that ()()()()()()() . This will constrain what you can say in mitigation. For example, you could not advance a positive case of previous ** knowing that there are undisclosed prior convictions. Moreover, if the court asks you a direct question you must not give an untruthful answer and therefore you would have to &&&&&&& if, on your being asked such a question, your client still refuses to allow you to answer the question truthfully. You should explain this to your client.

Answer 13

\_\_\_\_\_\_\_ = may not
~~~~~~= you will have to cease to act
()()()()()()() = misleads the court
&&&&&& = withdraw