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Lecture notes Criminal Law (LAW1003)
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In depth notes on lawyers in the dock which you'll cover in your module
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Lawyers in the dockIain Farrimond
In September 2016 Iain Farrimond pleaded guilty to the attempted murder of his wife whilst
suffering from medically diagnosed depressive illness and was sentenced to 6 years in
prison.
Matthew Owen –
In July 2017 Matthew Owen pleaded guilty to assaulting his girlfriend by beating her
contrary to section 39 of the Criminal Justice Act 1988 (battery). He chased her after she left
his birthday party, grabbed hold of her and spat twice in her face. He was sentenced to a
Community Order and directed to participate in a rehabilitation programme. His
prosecution attracted significant publicity.
Gavin Dowell –
Amateur football referee and coach Gavin Dowell was convicted of causing grievous bodily
harm at Bristol Crown Court after headbutting a parent at a children’s match. He given a
sentence of 300 hours community service
Peter Moss –
Peter Moss was convicted of fraudulent tax evasion at Leeds Crown Court in June 2018 last
year after he failed to submit 26 VAT returns and any self-assessment returns since 1999,
resulting in a loss to HM Revenue & Customs of £138,500. 18 month prison sentence.
Ordinary crimes/ ordinary criminals?
No- the offenders are all lawyers!
For some this is shocking
The media love a criminal lawyer, ie, a lawyer who is a criminal!
Headline in Gavin Dowell case
‘Gavin Dowell’s headbutt left his victim with a bone protruding from his head’
Aims of the day –
Learn about how lawyers are regulated and the crimes that they commit
(Lawyers are like everyone else- they can commit all kinds of crime- but there are some
crimes that it is especially easy for them to commit)
Law of Theft
Law of Fraud
Why are we shocked when lawyers commit offences?
Expectation of a higher standard of behaviour ‘…they out to know better’
Professional Standards-Exeter Professional Law Standards- Honesty and integrity
Solicitor’s overriding duty is to the Rule of Law and the administration of justice
So when they fall ….they fall hard
, Criminal law and other regulations –
Lawyers are answerable under the Criminal law but they are also regulated by
professional bodies so in addition to proceedings in the criminal courts there will be
regulatory proceedings (plus, sometimes, the possibility of being sued in the tort of
negligence!)
Iain Farrimond - (attempted murder of wife)-in subsequent disciplinary proceedings,
it was firstly ordered that he should be suspended as a solicitor indefinitely BUT it
was clearly inappropriate for a man who had been convicted of a serious offence to
be able to call himself a solicitor whilst a serving as a prisoner. So, he was ‘struck off
the Roll of Solicitors’
Solicitors and barristers are regulated by bodies – there’s a dual system to make sure that
they are behaving. There’s always a possibility of being sued in the Tort of negligence as
well. Go through the court case in crown court then go through the regulatory bodies
process.
Regulation of lawyers –
Legal Ombudsman - S114 Legal Services Act 2007 – set up as a new body and their
job is to investigate complaints by the public. There have been arguments as to
wether ombudsman can complain as well themselves but at the moment it is just
public.
Barristers- Bar Standards Board – in 2006 they created the BSB to be independent
from the Bar council – needed an independent body to discipline barristers. There is
still critics that the BSB is not independent enough and is too closely governed by the
council. – only deal with around 22 cases a year.
Regulation of lawyers-solicitors –
The law society The soliciotrs regulation The solicitors disciplinary
authority tribunal
Organisation that Can step in and tell to step More serious complaints
represents solicitors up
Supports them Independent tribunals
Delegates legislation to the Hear 168 cases per year
SRA
Neutral Investigate if the solicitor is
being convicted of a serious
offense
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