CH.1 THE CRIMINAL JUSTICE SYSTEM, THE CRIMINAL PROCEDURE RULES, PROFESSIONAL CONDUCT AND FUNDING

Question 1

What the role of the prosecution?

Answer 1

to present sufficient admissible evidence to persuade a tribunal (either magistrates or a jury) to convict the defendant beyond reasonable doubt.

Question 2

What is the ‘IDPC’?

Answer 2

This stands for the initial details of the prosecution case (‘IDPC’). This contains a summary of the evidence and/or prosecution witness statements.

Question 3

In a trial who does the burden rest with?

Answer 3

The prosecution.

Question 4

Who will open the trial?

Answer 4

The prosecution opens the case and calls its witnesses.

Question 5

What is a submission of “no case to answer” and who makes this?

Answer 5

The defence will make this submission if the prosecution has failed to present an arguable case.

Question 6

When looking at a case both sets of lawyers consider the evidence in light of its:

Answer 6

admissibility; 
 relevance to a fact in issue;  
strength; 
 credibility; and   
weight.

Question 7

witnesses give evidence for/ against the defendant or for/ against the defence. Choose which one.

Answer 7

Witnesses give evidence against the defendant or for the defence.

Question 8

Challenges to the admissibility of evidence can be made by…WHO AGAINST WHO?

Answer 8

Challenges to the admissibility of evidence can be made by the defence against prosecution evidence.

Question 9

The PACE Codes of Practice (‘COP’) state at note C6D:

Answer 9

“The solicitor’s only role in the police station is to protect and advance the legal rights of their client. On occasions this may require the solicitor to give advice which has the effect of the client avoiding giving evidence which strengthens the prosecution case.”

Question 10

What are the two criminal courts of first instance?

Answer 10

The magistrates’ court and the Crown Court.

Question 11

Structure for Professional conduct questions. Explain IPOD

Answer 11

I – Identify the Issue(s) that determine(s) whether you can act e.g. misleading the court /conflict of interest;
P – State the relevant mandatory Principles that apply to resolve the issue;
O – Consider which Outcomes must be achieved; and
D – Discuss and apply any indicative behaviours (IBs) or parts of the LSPN to the facts and conclude whether you can act and/or what action you would take to ensure that you achieve the relevant Outcome and do not breach the relevant Principles identified above.