Criminal Litigation Process Flashcards
What are the three kinds of offences a defendant can be charged with?
Summary only
Either way
Indictable
What are summary only offences, and what court are they dealt in?
Summary only offences are the least serious offences.
Dealt with in Magistrates’ Court only.
Cover most road traffic offences.
What are Either Way offences, and what court(s) are they dealt in?
Either a summary or indictable offence depending on the seriousness of the crime.
Dealt with in either MC or CC.
Most offences are theft, fraud, assault, criminal damage.
What are indictable only offences, and what court are they dealt in?
Indictable only are the most serious offences.
Only be dealt with in CC.
Offences include serious bodily harm (GBH), homicide offences, aggravated battery, robbery, arson, aggravated criminal damage.
Where does an indictable offence start in the court process?
In the Magistrates court.
MC then sends the case to Crown Court.
What are the main stages of the criminal litigation process for an either way offence?
- Investigation, rest, detention, and interview.
- Charge and police bail.
- First appearance at MC.
- Allocation.
- Trial at MC or PTPH at CC. If D pleads not guilty, trial by jury.
What is the overriding objective under the Criminal Procedure Rules?
To deal with cases justly
What are the duties a solicitor has when conducting criminal proceedings?
Do not misuse or abuse evidence.
Comply with court orders and advise clients to do so.
Refuse to act for client if they or mislead the court unless the client tells the court.
Not mislead the court.
Do not place themselves in contempt of court.
Do not bribe witnesses.
Comply with court orders and advise clients to do so.
Ensure facts are presented fairly.
Draw court’s attention to relevant authorities even if adverse to case.
Do not waste court time and allow cases to be conducted as efficiently and economically as possible.
Remember duty of confidentiality to client lasts after termination of instructions.
When can a solicitor act for two co-defendants?
A solicitor can act where there is no conflict of interest or a significant risk of a conflict of interest.
How should a solicitor deal with instructions from a parent to act for their child in detention?
Solicitor should speak with the client directly. Ask the client if they want the solicitor to act for them. Say that the individual does not have to hire a solicitor. Get written authorisation from the client to act.
What if a client admits their guilt to a Solicitor but will plead not guilty?
The solicitor can still act for the client provided that the client does not mislead the court. If client mislead court, solicitor should cease to act.
Solicitor should advise client of the risk of committing perjury.
What if a client has a really weak defence?
The solicitor should advise that the client pleads guilty to get a more lenient sentence.
Does a solicitor need to disclose all information about the client’s charge to the client?
Para 6.4 of the Code, a solicitor must disclose all relevant information about the matter to the client.
Legal exceptions for national security or prevention of crime, or if it will cause serious harm to client or another.
What if the client tells you they are in fact guilty after being acquitted?
The solicitor cannot disclose this to the court because of client confidentiality. However, they should note it in the internal client file.
Does a solicitor need to disclose to the court evidence on the client’s case that the prosecution has missed out?
No. Under Rule 2.7 of the Code, you need to inform the court of any relevant case law or statutory information, or procedural irregularities, that arise in a case, even if that is adverse to your case - but this duty does not relate to evidence.
