W0 Flashcards
What happens during the arrest stage of the criminal justice process?
The police may arrest a person where they have reasonable grounds for doing so. The conduct of the police during an investigation is governed by the Police and Criminal Evidence Act (PACE) 1984 and the PACE Codes of Practice. At the conclusion of an investigation, a person is either released from police custody and no further action is taken, or charged with an offence approved by the Crown Prosecution Service (CPS).
What is the purpose of a plea in the criminal justice process?
A defendant is asked to enter their plea, which determines whether the next stage is a trial or sentence. If a defendant pleads not guilty to an offence, there must be a trial. Conversely, if a defendant pleads guilty to an offence, there will not be a trial.
Can a defendant appeal in the criminal justice process?
A defendant who pleads guilty can appeal against the sentence imposed upon them. A defendant who is found guilty can appeal against their conviction and/or sentence. Leave and grounds of appeal are required for appeals from the Crown Court to the Court of Appeal and from the Court of Appeal to the Supreme Court. The Supreme Court may only hear the case where an appeal raises a point of general public importance.
What are the funding options for defendants in criminal proceedings?
Defendants in criminal proceedings can either fund their defense privately or make an application to the Legal Aid Agency for public funding. The availability of public funding has decreased sharply over the last decade, and litigants in person are more common now than they once were. An application for funding must be made on the prescribed form, which asks for personal details and a detailed breakdown of income and expenses.
What criteria are considered for granting public funding in criminal proceedings?
A designated official at the magistrates’ court considers applications for public funding. The official uses a two-stage test based on whether it is in the interests of justice and considering the defendant’s means. Both parts must be satisfied for public funding to be granted. Section 17 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 sets out the criteria that comprise the ‘interests of justice’.
What are the different classifications of offences in the criminal justice process?
Offences are classified as summary only offences, either-way offences, or indictable only offences. Summary only offences are tried and sentenced in the magistrates’ court, indictable only offences are tried and sentenced in the Crown Court, and either-way offences can be tried and sentenced in either the magistrates’ court or the Crown Court.
How is the classification of an offence determined?
Summary only offences are tried and sentenced in the magistrates’ court. Indictable only offences are tried and sentenced in the Crown Court. Either-way offences can be tried and sentenced in either the magistrates’ court or the Crown Court. The plea, trial, and sentencing stages vary depending on the classification of the offence.
Can a solicitor attend a police station to represent a detainee if asked to do so by a relative or third party?
Yes, a solicitor can attend a police station to represent a detainee if asked to do so by a relative or third party. However, there are specific guidelines and situations where a solicitor must not accept such instructions.
What are some situations where a solicitor must not accept instructions in criminal litigation?
According to the CCS (Code of Conduct for Solicitors), a solicitor must not accept instructions if they have reason to suspect that the instructions do not represent the client’s wishes. Additionally, there are specific situations outlined in the CCS where a solicitor must not accept instructions.
What guidance is provided regarding third party instructions for police station attendances?
The guidance in PACE COP C Annex B paragraph 4 specifically states that ‘access to a solicitor cannot be delayed on the grounds that they might advise the detainee not to answer questions or the solicitor was initially asked to attend the police station by someone else. In these circumstances, the solicitor should contact the police station and advise them that they have been contacted. The police will then confirm with the suspect whether they wish to instruct the solicitor.
What should a solicitor do when conflicts of interest arise between clients?
When conflicts of interest arise between clients, a solicitor must not act for all, or possibly any, of them. It is important to assess conflicts of interest and not accept instructions if there is a significant risk of a conflict happening.
What are the obligations regarding confidentiality and disclosure for solicitors?
Solicitors are required to keep the affairs of current and former clients confidential unless disclosure is required or permitted by law or with the client’s consent. The duty of confidentiality lasts forever, even after termination of the retainer or the client’s death. Solicitors must also make clients aware of all information material to the retainer that they have personal knowledge of.
What should a solicitor do when they receive confidential information from one client that is relevant to another client?
When a solicitor receives confidential information from one client that is relevant to another client, they must inform the first client and seek their consent to disclose the information to the second client. If the first client does not consent, the solicitor must cease to act for the second client if the duty of confidentiality to the first client is put at risk.
What should a solicitor do when a conflict arises between two clients they are representing?
When a conflict arises between two clients, a solicitor must decide whether it is proper to continue representing one client or whether both clients will have to instruct new firms. The solicitor must consider whether their duty to disclose all relevant information to the retained client will breach their duty of confidentiality to the other client.
What is a solicitor’s duty to the court and how does it relate to their duty to act in the best interests of the client?
A solicitor is an ‘officer of the court’ and has a duty to uphold the rule of law and the proper administration of justice. This duty may conflict with the duty to act in the best interests of the client. For example, a solicitor must not mislead or attempt to mislead the court, misuse or tamper with evidence, or seek to influence the substance of evidence.