SGS 1 Flashcards
What is the court of first instance?
Magistrates AND Crown Court (where case first heard).
Where does a defendant charged with murder first appear?
Magistrates as ALL cases start here
will then proceed straight to crown
What is a voir dire?
arguments as to whether a piece of evidence is admissible are conducted without a jury.
Where are the maximum sentencing guidelines for lay magistrates set out?
s.133(1) and (2) MCA 1980.
Representation order?
Everyone is entitled to free legal advice at police station
Limited to telephone only if a non-imprisonable offence.
RO - pass a means and merit test.
Without an RO, duty solicitor can represent person at one hearing only.
What is the presumption for an either way offence?
suspect sentenced in Magistrates unless their sentencing powers are insufficient
When does the duty not to mislead the court begin?
When first instructed.
Structure of a PCR question?
IDENTIFY issue
State relevant mandatory PRINCIPLES that apply to resolve the issue
Consider which OUTCOMES must be achieved (write them out!)
(O(3.6) and (3.7) never apply to criminal cases).
DISCUSS and
apply IBs or (only ever need IB(5.9) / (3.2))
LSPN to the facts and conclude.
S1:
Client admits guilt but wants to put prosecution to proof.
O(5.1),(5.2),(4.1)
Can continue to act unless you mislead the court or are complicit in another doing so.
Client may remain silent in interview and put protection to proof (4.5.2(b) LSPN).
S2:
C1 denies involvement, C2 admits both are guilty - can you continue to act for C2?
Conflict of interest
O(3.5)
C2 would be implicating C1 (LSPNCI 2.1)
May be in C2’s best interests to blame C1 if both are charged (LSPNCI 2.3.3)
Cannot continue to act in both client’s best interests IB(3.2)
Cannot act for C2.
S2:
C1 denies involvement, C2 other admits both are guilty - can you continue to act for C1?
Disclosure vs confidentiality
O(4.1),(4.2),(4.3)
Material information from C2 implicating C1.
Unable to disclose and therefore cannot act in C1’s best interest.
Cease acting for both LSPNCI 2.4.
S3:
inequality between clients.
Conflict of interest O(3.5)
LSPNCI inequality.
Might not be in one client’s best interests to go along with what the other said. One client may want to blame other for leading them astray if convicted.
Do not act for weaker client.
S4:
Client tells you to omit certain negative evidence.
O(5.1),(5.2),(4.1)
Can’t tell court an untruth O(5.1).
Can’t tell court about missing info O(4.1)
If client refuses to give consent, can you mitigate without the information and still act in her best interests?
If you have to withdraw, cite professional reasons, and cost cannot pressurise you LSPN CrPR 5.1.
S5:
Acting for defendant where you realised firm has previously acted for a victim?
O(3.5), (4.1), (4.2), (4.3).
Discover firm previously acted for victim (LSPNCI 2.2)
Any material information should be disclosed to defendant O(4.2)
Confidentiality duty to victim continues O(4.1)
Can’t act in Ron’s best interests so must cease IB(3.2).
S6:
Client tells you they will construct and alibi?
O(5.1),(5.2),(4.1)
Calling an untrue witness O(5.1) / IB(5.9)
Lying would breach P1 and P2, if client insists, cease acting but can only cite professional reasons.
Court can’t pressures you LSPN CrPR5.1
