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Week 5 LawCPS, roles in court, Men’s Rea, Actus Reus.
• Criminal Justice System in England and Wales is based on
the principal of adversarial justice.
• The responsibility is on the prosecution to prove the
defendant is guilty beyond all reasonable doubt of
committing the crime of which they are accused (but not
always)
• There is a defined hierarchy of courts, with each court
having a specific role within our CJS.
Roles in court- slide 3 write up.
Prosecution and defence:
Barrister vs Solicitor:
Legal Professional
• Has ‘higher rights of audience’
• Main role is to represent a client in court, but also can
offer legal advice and help the solicitor build the case.
• Legal Professional
• Does not have ‘higher rights of audience’.
• Main role is to perform legal work outside of the court,
build up a case, and call upon a barrister to represent the
client.
Magistrates court: slide 6 write up.
Defence:
• The right to a defence is covered by Article 6 of the HRA
1998, but precedent long predates that.
• The job of the defence is to:
- Defend a defendant’s innocence until proven guilty
- Ensure the case put forward by the prosecution is up to a
legal standard
- Analyse all forensic/investigatory evidence to ensure it
has integrity and continuity.
Legal professional privilege:
, • There are two kinds of LPP
-Legal Advice Privilege
-Litigation privilege.
• This was established by common law, supported by article
8 of the HRA 1998 and the DPA 2018, and defined in the
Legal Services Act 2007
Legal advice privilege:
• Right of the client
• Enforces the duty of confidentiality.
• Strictly between the LP and their client
Litigation privilege:
• Right of the client
• Enforces the duty of confidentiality.
• Between the LP/Client, and any outside LP or consultant
contacted for advice or information related to the case in
hand.
Exceptions to LPP:
• The Client can wavier their rights to this privilege if they
choose to admit part of their communications with their
defence into evidence.
• Communications are not privileged if it is for the purpose
of committing a crime.
• If the defendant admits to their defence that they are
guilty, it is the responsibility of the defence to suggest the
defendant plead guilty.
Defence Statement (pg. 45 CPS disclosure manual)
• Set out the nature of the defence.
• Indicate the matters of fact in which the accused is takes
issue with
• Outline why this issue is taken.
• Set out the matters of fact in which the defence is built
upon.
• Indicate any point of law (including any point as to the
admissibility of evidence or an abuse of process) which
the accused wishes to take, and the authority for this.
• Comply with any regulations made by the Secretary of
State
• In the event an alibi is stated
-the name, address and date of birth of any witness the
accused believes can give evidence in support of the alibi
-any information in the accused's possession which might
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