BPP University College Of Professional Studies Limited (BPP)
I completed the LPC (Legal Practice Course) at BPP University in 2017 with a 90% distinction. These detailed and condensed notes cover the entire Criminal Litigation module. I have covered every SGS and highlighted all the key statutory references. My friends at other universities, such as the Univ...
BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Criminal Litigation
All documents for this subject (16)
53
reviews
By: ibrahim_mohammed0786 • 3 year ago
By: dhillonpurnell-mullick • 4 year ago
By: jjlomotey • 4 year ago
By: bianca291996 • 4 year ago
By: jamesbell1711 • 4 year ago
By: pmarsh5071 • 4 year ago
font is too small to be of any use and impossible to read when printed
By: dakhewittuj • 4 year ago
Show more reviews
Seller
Follow
lawnotesxo2
Reviews received
Content preview
CONDUCT • Conclusion:
o 1) May act for client who admits guilt
• B) S23 Misuse of Drugs Act 1971 Power to stop + search for drugs
o Criteria: S23(2) Reasonable grounds to suspect possession of controlled drug
§ May make admissions in interview / answer “no comment” /
• 1) Identify issue: Misleading the court, conflict of interest, confidentiality, disclosure § Para 4.5.2 LSPN on CrPR (LSPNCrPR) Entitled to plead not guilty, sit through trial + put • C) S60 CJPOA 1994 Powers to stop + search if anticipates serious violence
• 2) Principles prosecution to proof o Criteria: Inspector authorises constables if reasonably believes –
• 3) Outcomes o 2) Can’t act for client who lies/will lie / call witnesses who will lie § Incidents w/ serious violence occur in area /
• 4) Indicative behaviours § Para 3.6 LSPNCrPR + O(4.1) Court/police ≠ require reasons for withdrawal, b/c info sought = § Persons carrying dangerous articles/offensive weapons in his area w/o good reason
o “No IBs give guidance on the issue”, e.g. not bringing omitted convictions to court’s attention = misleading court? privileged o Unlike s1 PACE:
• 5) Advice? Use LSPN § ≠ Require ‘reasonable grounds’, b/c inspector did reasonableness test
Civil
C1: DUTY TO CLIENT à P4 § 24 hours, but extended by superintendent > s1 permanent power
• O(5.4) Do not place yourself in contempt of court
• O(1.9) Inform client of complaints procedure • IB(5.4) If during proceedings, solicitor aware he’s inadvertently misled court = immediately inform court HOW TO CARRY OUT ALL SEARCHES? A3.2 – 3.8, otherwise breaches = evidence may be excluded at trial
• O(1.12) Advise client properly on all available options w/ client’s consent BEFORE SEARCH
• O(1.13) At outset, advise client on possible fees o If ≠ consent, cease to act • A 3.8 Before search, reasonable steps to tell suspect –
3 rd party instructions o Detained for search
CRIMINAL PROCEDURE RULES *If ≠ comply w/ order o Officer’s name
• IB(1.25) Cannot act, unless satisfied 3 rd party has authority to act on client’s behalf ∴ confirm X wishes you to act Failure to comply o Legal search power being exercised, e.g. s1 PACE, s1(7) MDA, s60 CJPOA
• C Annex B Cannot delay access to solicitor b/c solicitor asked by someone else • 1.1 CrPR Overriding objective = deal w/ cases justly, considering interests of all involved o Purpose of search + grounds for suspicion
C3: CONFLICT OF INTEREST *O(3.6) – (3.7) exceptions ≠ apply to criminal litigation • 1.2 Duty of participants = further overriding objective + comply w/ rules/PDs/directions o Right to copy of search record
à Conflict of interest: P3, 4, 5 o (c) Inform court of delay/failure to comply w/ court direction
§ E.g. Client disappears + doesn’t provide instructions = cannot comply w/ directions + cease to act LOCATION
Conflict checks § Para 3.6 + 4.2 LSPNCrPR Cite “professional duties” • S1(1) PACE Public place / place where public has access
• O(3.1), O(3.2) + (3.3) § Para 4.4 Stating you’re unable to comply w/ directions ≠ breach client’s right to o S1(4) + (5) If garden / private dwelling’s yard, only search if ≠ live there + no occupier’s consent
silence / legal professional privilege • A 3.4 At/near place person/vehicle was first detained
Own interest conflict
• O(3.4) Actual/significant risk of client’s interests conflicting w/ own interests • 3.2 + 3.3 Active case management – CLOTHING
o (a) Early indication of real issues
• A 3.5 No power to remove clothing in public, except coat/jacket/cloves / feel outer pockets/inside collars
Client conflict § E.g. Consent for theft, property didn’t belong to another, challenge admissibility of confession
o ↑ Thorough search = in police van/station by officer of same sex
• O(3.5) Cannot act if conflict / significant risk *If already a conflict before seeing 2 nd client = don’t see 2 nd client o (b) Early indication of needs of witnesses
• S117 Reasonable force, e.g. remove face coverings
o O(3.6) Exception: “substantially common interest” o (e) Present evidence in shortest + clearest way
o A 3.2 Only if person ≠ willing to cooperate / resists + last resort
§ 1) Clear common purpose o (f) Discourage delay + avoid unnecessary hearings
§ 2) Strong consensus on how to achieve it RECORDING SEARCH
Sanctions
§ 3) Client conflict = peripheral • A 4.3 Search info to be recorded
• 3.5(6) If ≠ comply w/ directions = sanctions, e.g. exclude evidence
§ IB(3.5) Cannot act even-handedly between parties
• 3.6 To avoid sanctions, apply to court to vary directions POWERS OF ARREST
• IB(3.2) Decline to act for clients whose interests = directly conflict
• IB(3.11) Cannot act if clients’ interests in end result ≠ same • 3.7 Parties may agree to vary time limit • S24 PACE Arrest w/o warrant
o But if same story, but disagree on value of stolen goods. If ≠ central significance, may act in both client’s • 3.9 If D’s absent, enter plea + set timetable • Criteria: To be lawful –
o 1) Constable
best interests Witnesses *****
o 2) Reasonable grounds to suspect involvement +
• 3.10(2) o 3) Reasonable grounds to believe arrest is necessary
• 2.1 – 2.4 LSPN on Conflicts of Interest (LSPNC)
o (b) Reasonable steps to ensure witness attends
o Examples of potential conflicts § S24(5) / Code G 2.9 Necessity criteria –
o (d) Inform promptly if non-attendance affects trial date/significantly affects progress of case
§ 2.1 X implicates Y / in X’s best interest to blame Y ∴ contrary to Y’s best interests § Obtain person’s name/address
• 3.11(c) § Prevent person causing/suffering physical injury
§ 2.3.1 Inequality between parties, esp. 1 party influencing another
o (iii) Order compelling witness to attend § Prevent damaging property
§ 2.3.2 Despite both have same story from start, if both convicted = in X’s best interests to blame Y (w/
o (v) Arrangements to facilitate a witness giving evidence, e.g. video, wheelchair access § Protect child/vulnerable person
many convictions + older) to get lighter sentence
o 2.2 PUBLIC FUNDING *Just b/c minor ≠ necessary to arrest to protect child, e.g. suspended from school,
§ Never let police deter you from seeing 2 nd client b/c they think conflict, decision must be yours • Apply for representation order at earliest opportunity unless he said “I’m going to get her”
§ Conflict check: Firm may act for another D / info obtained at police station = relevant to another § Allow prompt + effective investigation of offence
• To be eligible, must pass both –
client on unrelated matter § E.g. Test drugs/fingerprints, interview X about offences
o Means test: If D = < 18 / unemployment benefits / salary < certain threshold
o 2.3 Despite no immediate/apparent conflict, keep situation under review b/c conflict may arise in future o Merits test: Show it’s in interests of justice for D to have legal representation, e.g. trace witnesses + § NFG 2G Arrests on voluntary arrival if new info comes to light = makes arrest
o 2.4 After ceasing to act for X, continues acting for Y cross-examination, complex Q of law (admissibility of ID evidence) necessary
§ Prevent prosecution being prevented by person’s disappearance
To avoid conflict • If fails, consult duty solicitor
o If charged w/ imprisonable offence, represents for them once • Once arrested, suspect must be –
• 1) Take X’s instructions + state you’ve also been asked to act for Y if no conflict
o 1) C 10.4 Cautioned
• 2) Ask X if aware of conflict. If yes, ask for details o 2) S28 Informed he’s under arrest + reasons for arrest
o If conflict = cannot act for Y o 3) S117 Reasonable force
o If ≠ conflict, inform X that you’re acting for Y
o Inform X that confidential info relevant to Y = requires consent to disclose
3) Take Y’s instructions + state you’re also acting for X. Repeat step (2).
POLICE POWERS *Most Qs answered by COP (for every section, check if NFG applies) LEWIS
- If unlawful arrest b/c procedural irregularity = may rectify later
C4: CONFIDENTIALITY à Confidentiality + disclosure: P2, P4, P5, P6 • (Detective) Chief Superintendent à Superintendent à Chief inspector à DI Inspector à DS Sergeant à DC Constable DETENTION
• O(4.1) Keep client’s affairs confidential, unless client consents to disclosure *Mention if X is likely to consent • Custody Officer (CO) = SERGEANT #2
o Applies to everyone at firm EXAM STRUCTURE FOR POLICE POWERS Q o S37 Sufficient evidence to charge?
o ‘Client’ incl. former clients ∴ duty of confidentiality lasts forever • 1) Legal authority for power? § Yes: Charges detainee +/ decides bail
• 2) Criteria met? § No: Authorises detention to secure / obtain evidence via questioning
• O(4.2) Disclose all material info to your client *Declined 2 nd client b/c conflict, but can’t disclose material info to 1st
client = decline both • 3) Procedure: COP o C 2.1 Open Custody Record
• 4) Exercised correctly? § Reason, circumstances, why arrest was necessary, comments by arrested person
• O(4.3) Confidentiality overrides disclosure
o C 3.1 Inform detainee of their rights
o If cannot disclose = breaches P4 ∴ cease to act STOP + SEARCH o C 3.6 – 3.8 Perform risk assessment
• O(4.4) Exception: “information barriers” protect confidential client info LEGAL AUTHORITY + CRITERIA o C 3.12 Arrange for interpreters
C5: DUTY TO COURT à Misleading the court: P1, 2, 6 • A) S1 PACE 1984 Police power to search for stolen/prohibited articles *No power to search for drugs
• Criteria: 1) DETENTION PERIODS
• O(5.1) Don’t knowingly/recklessly mislead the court
o 1) Constable • S40 Detention periodically reviewed by an Inspector rank or ↑
• O(5.2) Complicit in someone else deceiving/misleading the court o Start when detention is authorised > arrival time
o 2) In public place à Search vehicles too
• “Mislead the court” o First review = 6 hours à 9 hours à 9 hours
o Submit inaccurate info to court o 3) For stolen/prohibited articles
§ S1(7) Incl. offensive weapons / articles made/adapted for use under s1(8) offences o C 9.3 Detainees should be visited at least every hour
§ E.g. If client says court omitted convictions ≠ breach O(5.1), unless states it’s accurate info / refer in
mitigation o 4) Code A 2.2-2.6 Reasonable suspicion > “routine” stop • S41 Suspect held for max. 24 hours *”X can be held for 24 hours w/o charge until [time], unless delay authorised”
o IB(5.9) Call witness whose evidence you know ≠ true, incl. D = witness § A 2.2 Genuine + objective basis for suspicion o Clock starts when suspect arrives at police station
§ Duty starts when first instructed, e.g. if guilty, can’t say it wasn’t me in police interview / at court § Never personal factors, e.g. age/race/sex/previous convictions/stereotypes *Check arrival time on custody record + calculate his release
o IB(5.10) Influence witness’ statement § A 2.4 Based on accurate + current intelligence, e.g. reports describe person carrying article • S42 Extend up to max. 36 hours after 2nd review, but before 24 hours expires
o IB(5.11) Tamper w/ evidence § Depends on specificness of description o 1) Indictable offence
§ A 2.6 Reliable info that gang habitually carry weapons/controlled drugs + wear distinctive o 2) Superintendent authorises
• IB(5.5) Cease to act for client if becomes aware client committed perjury / (attempted to/) misled the court in o 3) Reasonable grounds to believe –
clothing to identify themselves as members
any material matter, unless client agrees to disclose truth to court § Original grounds exist
§ Person’s behaviour, e.g. on street at night hiding smth > hunch
o If client admits guilt + says it wasn’t me / falsely accuses someone = cease to act § Investigation conducted diligently + expeditiously
• Otherwise, breaches O(5.2) § “If DC ready for interview = no reason to delay”
• S43 + 44 Apply to magistrate for warrant of further detention = extended up to max. 96 hours
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller lawnotesxo2. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.39. You're not tied to anything after your purchase.
