Criminal Justice Process

Question 1

Eligibility for funding for criminal trials

Answer 1

1) merits test (aka interests of justice test)
2) means test (defendant’s means)

Question 2

what are the 3 classification of offences

Answer 2

1) summary only
2) either-way
3) indictable only

Question 2

indictable only offences

Answer 2

can only be tried and sentenced in CC

Question 2

summary only offences

Answer 2

can only be tried and sentenced in MC

Question 2

are there exceptions to conflict of interest issues in criminal litigation?

Answer 2

there are no exceptions for conflicts of interest in criminal litigation and informational barriers do not exist

Question 3

either-way offences

Answer 3

can be tried and sentenced in either CC or MC

Question 4

can police deny suspect access to legal advice because solicitor might advise them not to answer questions

Answer 4

no

Question 4

can police deny suspect access to legal advice because solicitor was asked to attend by someone else

Answer 4

no

Question 4

which duty is overrides the other - confidentiality vs disclosure?

Answer 4

duty of confidentiality always overrides duty of disclosure

Question 4

how long does duty of confidentiality last?

Answer 4

forever

Question 5

what does duty of disclosure entail

Answer 5

solicitor must make client aware of all information material to them

Question 5

when is means test for public funding automatically passed?

Answer 5

when defendant is under 18 or in receipt of welfare benefits or annual income is under £12,475 (12,500)

Question 5

is your duty to your client or the court more important?

Answer 5

your duty to the court overrides your duty to act in your client’s best interests

Question 5

means test for MC

Answer 5

if over £22,325 you will not be eligible, but if under that the court will conduct a full means test

Question 5

can you act for a client even if you are unable to act in their best interests?

Answer 5

no

Question 5

means test for CC (specific rules)

Answer 5

• applicant assessed on income and capital
• income at £37,500 = ineligible
• ## if income over £30,000 means test will be conducted to assess contribution

Question 6

when will defendant automatically pass the merits test for public funding for criminal

Answer 6

charged with an indictable-only offence OR an either-way offence that goes to CC

Question 6

means test for CC (specific rules)

Answer 6

under £3399 = eligible without contribution
above £37,500 = ineligible
between £3399 and £37,500 = eligible with contributoin

Question 7

10 propositions in merits test application

Answer 7

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

Question 8

how many of 10 propositions must defendant comply with to satisfy merits test

Answer 8

all or some

Question 9

can defendant appeal result if they fail merits and means tests?

Answer 9

no, defendant can only appeal the merits test.