Ethics & Professional Conduct In Criminal Law & Practice Flashcards
What is witness coaching?
Rehearsing/practising or coaching a witness regarding their evidence.
Can a solicitor witness coach?
No it’s prohibited
Who has the burden to prove the defence dimished responsibility?
The burden lies on the defence on the balance of probabilities
If a client repeatedly changes their version of events what must a solicitor do?
Not mislead the court
Can a solicitor act if a client wants to plead guilty when they have told them they are not guilty?
No and must withdraw for professional reasons
Can a solicitor act for a client who wants to plead guilty when they have a defence?
Yes as long as advice and signed notes have been taken and no reference is put to the court about the defence.
What happens if the prosecution refer to antecedents incorrectly?
Sol must request consent from the client to rectify and if they won’t the Sol must not make any reference to the inaccuracy
What happens if the prosecution refer to antecedents incorrectly and asked the solicitor to confirm?
The solicitor asks consent from the client and he refuses then they must cease to act
If a solicitor considers a witness is lying or fabricating events what must a solicitor do?
Inform their client they must cease to act if there are presenting false evidence
If two clients have conflicting instructions at their sentencing hearing when representing both what should a Sol do?
Cease to act for both
Is a defendant entitled to all material disclosed to them?
Yes with two exceptions:-
1. Legal restrictions
2. Believe serious physical harm or mental injury will be caused to their client.
