SGS 1: The criminal justice system, the criminal procedure rules and professional conduct issues

Question 1

What type of justice system does England have

Answer 1

adversarial

Question 2

standard of proof in criminal cases in England

Answer 2

beyond reasonable doubt

Question 3

What should D do before invoking a defense

Answer 3

put the prosecution to proof of the issue

Question 4

what is voir dire

Answer 4

determines the admissibility of evidence – jury not present as would make no sense for them to be able to see evidence when you are arguing about whether they should see it

Question 5

tests for legal aid

Answer 5

means and merits

Question 6

what is a duty solicitor

Answer 6

a private one

Question 7

overriding objective

Answer 7

CPR Part I 1.1(1)

‘The overriding objective of this procedural code is that criminal cases be dealt with justly.’

Question 8

provision for the overriding objective

Answer 8

CPR Part I 1.1(1)

Question 9

which are courts of first instance

Answer 9

Magistrates and Crown Court

Question 10

which court do Ds appear in first?

Answer 10

Magistrates

Question 11

What kind of offence is?

burglary of dwelling

Answer 11

indictable

Question 12

What kind of offence is?

section 47 assault OAPA 1861 (ABH)

Answer 12

indictable

Question 13

What kind of offence is?

Affray contrary to s.3(1) Public Order Act 1986.

Answer 13

indictable

Question 14

What kind of offence is?

Possession with intent to supply class A.

Answer 14

indictable

Question 15

What kind of offence is?

Possession of an offensive weapon.

Answer 15

indictable

Question 16

What kind of offence is?

Section 18 OAPA 1861

Answer 16

indictable only

Question 17

What kind of offence is?

robbery

Answer 17

indictable only

Question 18

What kind of offence is?

common assault and battery

Answer 18

summary only

Question 19

what governs the court’s case management powers?

Answer 19

Criminal Procedure Rules Part 3

Question 20

SRA Principles

Answer 20

1. In a way that upholds the constitutional principle of the rule of law, and the proper administration of justice
2. In a way that upholds public trust and confidence in the solicitors’ profession anf in legal services provided by authorised persons
3. With independence
4. With honesty
5. With integrity
6. In a way that encourages equality, diversity and inclusion
7. In the best interests of each client

Question 21

how many SRA principles

Answer 21

7

Question 22

What is CCS?

Answer 22

SRA Standards and Regulations 2019 Code of Conduct for Solicitors

Question 23

What is a client’s confession to his lawyer covered by?

Answer 23

legal privilege

Question 24

If a client confides to his lawyers that he has committed an offence what is he entitled to do?

Answer 24

He is entitled to plead not guilty, sit through a trial and see if the prosecution can prove his case

Question 25

When does the duty not to mislead the court knowingly or recklessly begin?

Answer 25

when you are first instructed

Question 26

example of misleading the court

Answer 26

concocting a defence

Question 27

relevant principles for misleading the court

Answer 27

Principle 1 – in a way that upholds the constitutional principle of the rule of law and the proper administration of justice.

Principle 2 - in a way that maintains the public trust and confidence in the solicitor’s profession and in the legal services provided by authorised persons.

Principle 3 – with independence.

Principle 4 – with honesty.

Principle 5 – with integrity

Principle 7 – in the best interests of each client.

Question 28

relevant principle numbers for misleading the court

Answer 28

1, 2, 3, 4, 5, 7

Question 29

CSS relevant for misleading the court

Answer 29

1. 4 – you must not mislead or attempt to mislead your clients, the court or others, either by your own acts or omissions or by allowing or being complicit in the acts of others
2. 3 – you keep the affairs of current and former clients confidential unless disclosure is required or permitted by law or the clients consents

Question 30

where is it confirmed that the client is entitled to put the prosecution to proof – a fundamental right in the adversarial system – could remain silent and see if the prosecution can prove it

Answer 30

4.5.2 Law Society Practice Note Criminal Procedure Rules 2015 (‘LSPNCrPR’)

Question 31

examples of conflict of interest

Answer 31

obvious attempts of one party trying to influence the other

one party throwing another under the bus

conflicting duties of confidentiality and disclosure

Question 32

Principles relevant to conflict of interest

Answer 32

Principle 1 – in a way that upholds the constitutional principle of the rule of law and the proper administration of justice.

Principle 5 - with integrity

Principle 7 – in the best interests of each client.

Question 33

CCS relevant to conflicts of interest

Answer 33

6. 2 - You must not act in relation to a matter or particular aspect of it if you have a conflict of interest or a significant risk of such a conflict in relation to that matter or aspect of it.
7. 2(a) and (b) – exceptions here do not apply in criminal litigation

Question 34

LSPNCI relevent to conflict of interest

Answer 34

2. 1 – deciding if there is a conflict
3. 3.2 – risk of future conflict
4. 3.1 - refers to cases where there is inequality between the parties and an indication that one party might be acting under the influence of the other

Question 35

principles relevant to conflict between disclosure and confidentiality

Answer 35

5 – to act with integrity

7 – to act in the best interests of each client

Question 36

CSS relevant to conflict between disclosure and confidentiality

Answer 36

6. 3 - You keep the affairs of current and former clients confidential unless disclosure is required or permitted by law, or the client consents. You must keep the affairs of clients confidential.
7. 4 - When you are acting for a client on a matter, you make the client aware of all information material to the matter of which you have knowledge unless 6.4 (b) where by your client gives informed consent, given or evidenced in writing, to the information not being disclosed to them. However, this can then result in you being in breach of Principle 7 rendering you unable to act in the best interests of each client.
8. 5 - Instructs that you do not act for a client in a matter where that client has an interest adverse to the interest of another current or former client, has an interest adverse to the interest of another current or former client of you or your business or employer, for whom you or your business holds comfortable information which is material to that matter.

Question 37

LSPNCI for ceasing to act for both clients

Answer 37

LSPNCI 2.4

Question 38

what to do when you think there might be a potential for a conflict of interest in seeing another client

Answer 38

When you first see one client you should tell them if there is potential that seeing someone else would cause an issue – if you know this then you can continue to act for your original client without coming into possession of other confidential information

Question 39

what to do if you get asked to pass on a message from one client to another

Answer 39

Passing on messages might result in very serious consequences for you beyond ethical considerations such as committing a criminal offence

Question 40

sentencing governed by

Answer 40

s.78 PCC(S)A and s.133 MCA

Question 41

max sentence for one or more summary only offence

Answer 41

6 months

Question 42

max sentence for one indictable offence

Answer 42

6 months

Question 43

max sentence for two or more indictable offences

Answer 43

12 months

Question 44

max sentencing in Crown Court

Answer 44

depends on the statute for the relevant offence