This is a compilation of all of the practice questions from all SGS (classes) preparation activities and other practice materials.
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LPC CRIMINAL LAW STUDY GUIDE
SGS 1: PCR
1. The English criminal justice system is which of the following? [B] Adversarial.
2 Which of the following is a court of first instance in the criminal system?
[A] The magistrates’ court + [B] The Crown Court
3. What does ‘indictable’ mean? [B] The case may be (but is not necessarily) dealt with at the Crown Court.
4. What does ‘indictable only’ mean? [A] The case can only be dealt with at the Crown Court.
5. The standard of proof in criminal cases is what? [A] Beyond reasonable doubt.
6. If a client confides to his lawyer that he has committed an offence, which of the following is/are correct?
[A] His confession is covered by legal privilege.
[B] He is entitled to plead not guilty, sit through the trial and see if the prosecution can prove its case.
[C] He can adduce evidence to support issues in dispute (e.g. an alibi).
7. A defendant charged with murder will make his first appearance in which court? [B] Crown Court.
8. The police saw Jonny sitting in a local park and removing a number of items from a sports bag, one of
which was a hammer. He was then arrested on suspicion of possession of an offensive weapon in a public
place contrary to s.1(4) Prevention of Crime Act 1953. Jonny tells you that he was trying to find his Oyster
card in the bag and was simply removing items to find it. The hammer was in his bag as he is a carpenter
by profession and he was doing some DIY at home. If Jonny is charged, which ONE of the following best
summarises his position? [B] Jonny should rely on the defence of reasonable excuse.
9. What type of offence (summary only/S/O, either way/E/W, indictable only/I/O) is each of the following?
[A] Section 18 OAPA 1861. Indictable only
[B] Burglary of a dwelling. S9 Theft Act Either Way
[C] Robbery. S8(1) Theft Act Indictable only
[D] Section 47 assault OAPA 1861 (‘ABH’). Either Way
[E] Common assault and battery. S29 Criminal Justice Act Summary Only
[F] Affray contrary to s.3(1) Public Order Act 1986. Either Way
[G] Possession with intent to supply class A. Either Way
[H] Possession of an offensive weapon. S1 Prevention of Crime Act 1953 Either Way
10. What is a voir dire in the Crown Court? [B] A trial within a trial held in the absence of the jury.
11. Billy has pleaded guilty to two offences of theft from a dwelling. What is the maximum sentence a bench
of lay magistrates can impose? [C] 12 months’ imprisonment.
12. Aaron has pleaded guilty to two offences of taking a motor vehicle without the owner’s consent. What is
the maximum sentence a bench of lay magistrates can impose? [C] 12 months’ imprisonment.
13. Jack has been arrested for criminal damage. He is an investment banker earning £150,000 pa and has
never been arrested before. Which of the following statements is/are TRUE in Jack’s case?
[B] Jack will be eligible for free legal advice at the police station but it will be limited to telephone advice as he is
unlikely to go to prison.
[C] In order to obtain public funding for representation (a representation order) in the magistrates’ court or the
Crown Court, Jack must pass both a means test and a merits test.
[D] If Jack does not get a representation order, he can instruct a duty solicitor who will be able to represent him at
all hearings up to and including sentence.
14. Donnie is in receipt of income based job seeker’s allowance. He will therefore be automatically eligible
for a representation order (aka legal aid).
[B] False - Must pass the Merit and Means test.
15. Does the defendant have to give evidence at trial?
[B] No, the right not to testify remains but has been qualified.
16. You attend Gladbury Police Station to represent Jonny and Elaine who have been arrested on suspicion
of theft from ‘Gladbury Supastores’. You take instructions from Jonny but the custody officer tells you that
you cannot represent Elaine because there is a conflict between her and Jonny. You insist you can see her.
You, you have a right to meet with her and determine whether there is a conflict of interest. Custody officer can’t
decide/contest her right to legal advice.
,17. Tariq has pleaded guilty at Gladbury Magistrates’ Court to an offence of burglary of a dwelling house
contrary to s.9 Theft Act 1968. Which of the following is correct?
[C] The presumption is that Tariq will be sentenced in the magistrates’ court unless the outcome would clearly be a
sentence in excess of the court’s powers. Because it is an either way offence.
18. Which case underlined the importance of the Criminal Procedure Rules? ??? [C] R v L.
19. The duty not to mislead the court knowingly or recklessly begins…? [B] At the police station.
20. A court’s case management powers are found in which part of the Criminal Procedure Rules? [C] 3.
PART 2: PCR QUESTIONS
Question 1: PCR - CONFLICT - MISLEADING THE COURT
What issues do Darryl’s instructions raise and can you continue to act for him?
a) Identify the issue: The issue is whether his instructions would amount to misleading the court.
b) What Principles are relevant in this situation?
Principle 1 - act in a way that upholds the constitutional principle of the rule of law and the proper administration of
justice.
Principle 2 - act in a way that upholds public trust and confidence in the solicitors’ profession and in legal services
provided by authorised persons.
Principle 4 – act with honesty.
Principle 5 – act with integrity.
Principle 7 – act in our client’s best interests.
c) Identify the relevant Chapters and paragraphs that apply:
CCS 1.4 You do not mislead or attempt to mislead your clients, the court or others, either by your own acts or
omissions or allowing or being complicit in the acts or omissions of others (including your client).
CCS 6.3 You keep the affairs of current and former clients confidential unless disclosure is required or permitted by
law or the client consents.
d) Apply any Chapters and paragraphs of the CCS or parts of the LSPN to the facts and conclude whether
you can act and/or what action you would take to ensure that you comply with the CCS and do not breach
the relevant Principles identified above.
I can act for Darryl provided I am not complicit in his misleading the court. Darryl has indicated that he did commit
the offence for which he has been arrested. However, he says, ‘I am going to say I found the purse on the street.’ If
he says this in his police interview, then it will be a lie and I will know that it is a lie; I would not be achieving CCS
1.4 as his interview is evidence that would be put before the court. If Darryl insists that this is what he is going to
say in the interview then I cannot continue to act for him as I would be in breach of Principles 1, 2, 4 and 5.
If I have to withdraw, I should do so whilst upholding my duty to keep Darryl’s affairs confidential (CCS 6.3). Darryl
is entitled to put the prosecution to proof and this fundamental right under the adversarial system is confirmed in
paragraph 4.5.2 Law Society Practice Note Criminal Procedure Rules 2015 (‘LSPNCrPR’). He can therefore remain
silent and see if the police ‘can prove it’. This course of action might be in Darryl’s best interests (Principle 7) if the
evidence is weak. He cannot at any stage in the interview, or in the course of the proceedings, assert his innocence
nor can you do so on his behalf as to do this would be misleading the court CCS 1.4. He can therefore remain
silent and we can continue to act for him in those circumstances.
Question 2: PCR Conflict of Interest Between Clients’ Best Interests- Principle 7
Can you act for Paul?
a) Identify the issue: There is a conflict of interest between Mick and Paul.
b) What Principles are relevant in this situation?
The following Principles are relevant in determining the issue:
, Principle 1 - act in a way that upholds the constitutional principle of the rule of law and the proper administration of
justice.
Principle 5 – act with integrity.
Principle 7 – act in our client’s best interests.
c) Identify the relevant Chapters and paragraphs that apply.
CCS 6.2 You do 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. The exceptions in CCS 6.2 (a) & (b) do not
apply in criminal litigation.
d) Apply any Chapters and paragraphs of the CCS or parts of the LSPN to the facts and conclude whether
you can act and/or what action you would take to ensure that you comply with the CCS and do not breach
the relevant Principles identified above.
In publicly funded cases one solicitor should act for all co-defendants unless there is or is likely to be a conflict of
interest. Paul would be implicating Mick which would be an example of a conflict between clients in criminal cases
as set out in the Law Society Practice Note - conflicts of interest in criminal cases (‘LSPNCI’) in paragraph 2.1.
Also, Paul indicates that he would not have committed the offence if he had not been scared of Mick. If Mick and
Paul are both charged, then it would clearly be in Paul’s best interests to blame Mick; but this is clearly not in Mick’s
best interests (LSPNCI 2.3.2). For these reasons I cannot act for Paul as it is not possible to act in both Paul’s and
Mick’s best interests (Principle 7). Paul must be advised to seek representation from another firm. Please note that
when speaking to the police it is important not to disclose any confidential information.
PCR; Conflict of Interest - Disclosure vs Confidentiality
Can you continue to act for Mick?
a) Identify the issue: There is a conflict of interest between the duties of disclosure (CCS 6.3) and confidentiality
(CCS 6.4) that I owe to Mick and Paul.
b) What Principles are relevant in this situation?
Principle 5 – We must act with integrity.
Principle 7 – We must act in our client’s best interests
c) Identify the relevant Chapters and paragraphs that apply.
CCS 6.3 You keep the affairs of current and former clients confidential unless disclosure is required or permitted by
law or the client consents.
CCS 6.4 Where 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 your client gives informed consent, given or evidenced in writing, to the
information not being disclosed to them as per 6.4 (b). 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.
CCS 6.5 You do not act for a client in a matter where there is a conflict of interest with another current or former
client of you or your business or employer, for whom you or your business holds confidential information which is
material to that matter. The courts have stated that the duty to preserve confidentiality is unqualified. Where your
duty of confidentiality to one client comes into conflict with your duty of disclosure to another client, your duty of
confidentiality takes precedence.
d) Apply any Chapters and paras of the CCS or LSPN to the facts and conclude whether you can act and/or
what action you would take to ensure that you comply with the CCS and do not breach the relevant
Principles.
The information Paul gave (that he intends to implicate Mick) may be material to Mick’s case (as Mick denies all
involvement). I have a duty to disclose this to Mick (CCS 6.4) and a duty of confidentiality to Paul, which continues
even though I no longer act for him (CCS 6.3). Confidentiality overrides disclosure. I cannot act for Paul and am
also not able to act in Mick’s best interests (Principle 7) because I cannot disclose material information to him. I will
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