Crim1 - Criminal Justice, PCR, Funding Flashcards
Structure for answering qs
- Identify the ISSUE that determines whether or not you can act, i.e. misleading the court, conflict of interest
- State the relevant mandatory PRINCIPLES that apply
- Identify the relevant paragraphs in CCS that must be achieved
- Discuss and apply any parts of the LSPN and conclude action/achieve aims
Appeal courts 💃🏻
The Supreme Court
The Court of Appeal
The Divisional Court
The Crown Court (hearing from Mags)
Indictable only offences sent to Crown Court from mags
S. 51 Crime and Disorder Act 1998
Either way offences
Invitation to indicate plea (in a plea before venue hearing)
👈🏻
S. 17A Magistrates’ Courts Act 1980
👈🏻
D indicates a guilty plea.
Presumption the magistrates or sentence. The nature of the offence/pre cons mean the magistrates’ powers of sentence insufficient.
The matter is committed to the Crown Court for sentence.
s. 3 Powers of Criminal Courts (Sentencing) Act 2000 🗝⛓
Allocation Guideline 🏴☠️
Either way offences should be tried summarily unless the outcome would clearly be a sentence in excess of the magistrates courts powers OR where the case is unusually complex
🤔 🧠
S. 19 MCA
Allocation 🐈
Mags hear representations from P and D as to appropriate venue
Trial of summary jurisdiction or trial on indictment?
Magistrate sentencing powers:
One or more summary only offence - maximum 6️⃣ months
One either way offence - maximum 6️⃣ months
Two or more either way offences - maximum 1️⃣2️⃣ months
s. 78 PCC(S)A and s. 133 MCA
Court determines summary trial is more suitable
It is possible for D to request an indication of sentence.
The mags are not obliged to provide an indication.
If they do provide an indication, they can go no further than to indicate whether a custodial non-custodial sentence would be more likely if the defendant would consent to be tried summarily and pleaded guilty.
If the court gives an indication D is asked whether he would like to reconsider his earlier pleas. If he does now plead guilty the court’s hands are effectively tied.
s. 20 and s. 20A MCA
If the court determines the trial indictment is more suitable then the case is sent to the Crown Court.
There is no choice for the defendant
s. 51(1) CDA
📮
- The overriding objective
- 2 - the duties of the participants in the case
- Case management
CrPR 📖
Rule 3.5
Court’s powers of case management
The Crown Court and the magistrates court can issue directions and any party can seek a direction 🎉
The court’s case management powers are wide e.g. timescales, disclosure, expert evidence, reporting restrictions.
Rule 3.7
🕰
Allows the parties by agreement to vary a time limit provided it would not have a consequential effect on any subsequent time limits or hearings
🌊 The Principles
‘the fundamental ethical and professional standards’ expected by SRA
- in a way that upholds the constitutional principle of the rule of law, and the proper administration of justice
- in a way that upholds public trust and confidence in the solicitors’ profession and the legal services provided by authorised persons
- with independence
- with honesty
- with integrity
- in a way that encourages equality diversity and inclusion
- in the best interests of each client
When there is conflict the principle that takes precedence is the one which best serves the public interest
An own interest conflict 🥊
An actual or significant risk of your client’s interests conflicting with your own interests in relation to that or related matter
CCS6 .1 and Principle seven
A client conflict 🥊
An actual or significant risk of your new client’s interests conflicting with the interest of one or more other clients in relation to that or a related matter
CCS6.2
CCS 6.2 (a) & (b) 🚫
These exceptions are not applicable in criminal litigation
CCS 6.5 (a) & (b) 🚫
Information barriers do not exist in criminal cases
The duty of confidentiality always overrides the duty of disclosure 🐎
Receive confidential info from C1 that is relevant to C2
Must inform C1 and seek his consent to disclose it to C2. It should be made clear that there is no obligation to give consent.
If I C1 does not consent to such disclosure must cease to act for C2 is he is the client to whom you are required to disclose the information. You must not disclose your reason for ceasing to act. 🎭
s. 59(1) Solicitors Act 1974 👮🏻♀️
Solicitor is an ‘officer of the court’. This is an overriding duty.
CCS 2.1 ✉️
You do not misuse or tamper with evidence or attempt to do so.
A breach = misleading the court
CCS 2.2 🕵🏻♀️
You do not seek to influence the substance of evidence, including generating false evidence or persuading witnesses to change that evidence.
A breach = misleading the court
CCS 1.4 🩲🔥
You must not call a witness whose evidence you know is untrue
A breach = misleading the court
CCS. 2.7 ✏️
You must draw to the courts attention relevant cases and statutory provisions or procedural irregularities of what you are aware which are likely to have a material effect on the outcome of proceedings
A breach = misleading the court
CCS 2.6 ⏰ 🐇
A new provision. A solicitor must not waste the time of the court.
A breach = misleading the court
CCS 2.5 👸🏻 ♥️
A solicitor must comply with court orders and must not place themselves in contempt of court.
Perverting the course of justice 🥨
Some instances of breach of CCS also amount to …
This offence may be committed in a number of ways e.g. manufacturing false evidence, destroying or concealing evidence, interfering with potential witnesses, knowingly acting for the defendant had assumed a false name with intent to deceive the court and deliberately assisting your client to avoid arrest.
Advice privilege 📨
Communications may be covered if they are confidential and made for the purpose of seeking advice from a lawyer or providing legal advice to a client
Legal privilege
Attaches to confidential communications made after litigation has started, or is reasonably in prospect, between a lawyer and the client, a lawyer and a 3rd party, or a lawyer and an agent.
Where the sole or dominant purpose of the communication is for seeking or giving advice, or obtaining evidence to be used in the litigation, or for obtaining information that might lead to obtaining evidence, that information will be protected.
It may only be overridden if the client consents or express stat. prov. (none in CrPR)
LAO
The means test
Ds under 18 or those who are on unemployment benefits are automatically passported on the means test.
LAO
The merits test
D must demonstrate that it is in the interests of justice for the defendant to be legally represented.
