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Summary Criminal law and practice notes for exams - 2021

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Crib sheet/exam notes for Criminal Law and Practice. Exam sat in 2021. Summary of all six chapters.

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  • April 14, 2021
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  • 2020/2021
  • Summary
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2020/21




CRIMINAL LAW AND
PRACTICE
LPC: CHAPTER NOTES AND STRUCTURES
MARIA HASLIEN

, MARIA HASLIEN



1 THE CRIMINAL LITIGATION PROCESS
General Outline of Criminal Litigation  CrPR 3.5(6): sanctions for non-compliance
 Classification of offences: (cancel or adjourn a hearing, make a costs
o Summary only – least serious, start order, refuse to allow a party to introduce
and end in Magistrates’ court evidence and draw adverse inferences
o Triable either way offences – either from the late introduction of an issue or
Magistrates’ or Crown Court evidence)
o Indictable only – so serious that  CrPR 3.7: vary times without court
they are dealt in Crown Court only approval – must not affect hearings.
 The procedural outline of the process is  CrPR 3.9: allows for progression if D’s
as follows: absent
 CrPR 3.10: Before a case can proceed to
trial each party must file a certificate of
readiness for trial

The 7 Mandatory Principles

 Rule 1: Upload rule of law
 Rule 2: Uphold public trust as a solicitor
 Rule 3: With independence
 Rule 4: With honesty
 Rule 5: With integrity
 Rule 6: Uphold equality, diversity and
inclusion
 Rule 7: In the client’s best interest

Law Society Notes on Criminal Justice
(LPSN)

 The main concern is whether the  Para 2.1: One litigator be appointed to act
prosecution can produce the charge to for co-defendants in legal aid case (unless
the requisite criminal standard. conflict)
 Para 2.2: At what stage of the criminal
Magistrates’ maximum imprisonment case does the issue of conflict arise?
power Identify early
One or more SO Max 6 months’  Para 2.3.1: one client is acting under
offence prison influence of the other rather than on his
One EW offence Max 6 months’ own initiative  cease to act
prison  Para 2.3.2: Is it best interest to act for both
Two or more EW Max 12 months’ co-d if conflict between them? No  cease
offences prison to act
 Para 2.4: Must cease to act if not meeting
Case Management and the Criminal Principles.
Procedure Rules 2005
 CrPR 1: The overriding objective is to Law Society Practice Note Criminal Procedure Rules
deal with cases justly. Court considers all 2015 (LSPNCrPR)
parties involved
 CrPR 1.2: each participant conducts with  Para 4.5.2: D entitled to put the
the rules of the overriding objective and prosecution to proof
other practice rules.  Para 5.1: Decision to withdraw rests with
 CrPR 3: provides for the effective case solicitor. Court cannot pressure you into
management of criminal cases
1

, MARIA HASLIEN

 CrPR 3.5: courts can issue any direction. providing reasons why.

SRA Code of Conduct for Solicitors (‘CCS’) PUBLIC FUNDING

 CCS 1.4: Must not mislead your client, To be granted a representation order,
courts et al. applicant must pass 2 separate tests.
 CCS 2.1: not misuse or tamper with
evidence or attempt to do so  Means Test: under 18 or those who
 CCS 2.2: do not seek to influence the are on unemployment benefits
substance of the evidence, including automatically passported to the
generating false evidence or persuading means test.
witnesses to change their evidence  Merits Test – must complete a
 CCS 2.6: Do not waste court’s time form. If fails:
 CCS 2.5: Do not place yourself in o May consult duty solicitor if
contempt of court charged with an imprisonable
 CCS 2.7: Must draw court’s attention to all offence; or
relevant facts. o Is in custody. Only once.
 CCS 6.2: Conflict of interest
 CCS 6.3: Keep affairs of clients
confidential
 CCS 6.4: Make client aware of all info of
the case
 CCS 6.5: Cannot act for a client that has
an adverse interest to the client you are
now acting for (only if confidential info is
held)

Problem questions on CCS, LSPNCI and
the Principles
 Follow this structure on PCR problem
questions:
o Identify issue (e.g., conflict of
interest/misleading court);
o Principles: state relevant mandatory
principles;
o CCS: identify relevant CCS that must be
achieved;
o Discuss: apply the facts above. Also incl
LSPN.

Model answers for PCR
 Conflict of interest:
o Principle: 1, 5, 7
o CCS: 6.2
o Discuss: LSPN 2.1, 2.2, 2.3.1, 2.3.2
 Confidentiality and disclosure:
o Principle: 5, 7
o CCS: 6.3, 6.4, 6.5
o Discuss: LPSN 2.4
 Confidentiality and disclosure:
o Principle: 1, 2, 4, 5, 7
o CCS: 1.4, 6.3
o Discuss: LSPN 4.5.2, 5.1


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