Criminal Justice Process Flashcards
Eligibility for funding for criminal trials
1) merits test (aka interests of justice test)
2) means test (defendant’s means)
what are the 3 classification of offences
1) summary only
2) either-way
3) indictable only
indictable only offences
can only be tried and sentenced in CC
summary only offences
can only be tried and sentenced in MC
are there exceptions to conflict of interest issues in criminal litigation?
there are no exceptions for conflicts of interest in criminal litigation and informational barriers do not exist
either-way offences
can be tried and sentenced in either CC or MC
can police deny suspect access to legal advice because solicitor might advise them not to answer questions
no
can police deny suspect access to legal advice because solicitor was asked to attend by someone else
no
which duty is overrides the other - confidentiality vs disclosure?
duty of confidentiality always overrides duty of disclosure
how long does duty of confidentiality last?
forever
what does duty of disclosure entail
solicitor must make client aware of all information material to them
when is means test for public funding automatically passed?
when defendant is under 18 or in receipt of welfare benefits or annual income is under £12,475 (12,500)
is your duty to your client or the court more important?
your duty to the court overrides your duty to act in your client’s best interests
means test for MC
if over £22,325 you will not be eligible, but if under that the court will conduct a full means test
can you act for a client even if you are unable to act in their best interests?
no
means test for CC (specific rules)
- applicant assessed on income and capital
- income at £37,500 = ineligible
- ## if income over £30,000 means test will be conducted to assess contribution
when will defendant automatically pass the merits test for public funding for criminal
charged with an indictable-only offence OR an either-way offence that goes to CC
means test for CC (specific rules)
under £3399 = eligible without contribution
above £37,500 = ineligible
between £3399 and £37,500 = eligible with contributoin
10 propositions in merits test application
1) loss of liberty
2) suspended/ non-custodial sentence
3) likely loss of livelihood
4) likely serious reputational damage
5) substantial question of law
6) cannot understand proceedings/ present own case
7) witnesses to be interviewed/ traced
8) expert cross-exam of prosecution witness
(9) in interests of another person (ie. victim)
10) any other reasons
how many of 10 propositions must defendant comply with to satisfy merits test
all or some
can defendant appeal result if they fail merits and means tests?
no, defendant can only appeal the merits test.
