ACHIEVED DISTINCTION.
Comprehensive and detailed exam-ready notes - Content covers all SGS' in the module (BPP University)- Includes guidance to every topic in the module including code of conduct issues- 2019/20 notes
These notes summarise all SGS course content for the 2019/20 course and inclu...
Criminal Litigation Notes
What is the difference between theft, robbery and burglary?
someone is guilty of robbery if he steals from a person using force or makes them think force will be used.
Theft means taking someone’s property but does not involve the use of force. Burglary means illegally
entering a property in order to steal property from it.
Offences
Theft- E/W
Burglary of dwelling house- E/W
Affray- E/W
Possession with intent to supply class A- E/W
Possession of offensive weapon- E/W
ABH- E/W
Robbery- I/O
S.47 Assault- I/O
Common Assault and battery- S/O
MCQs
Which ONE of the following statements is correct? Select one:
a. Luke will not be eligible for public funding as he will fail the means test as a defendant will only pass the
means test if they are in receipt of unemployment benefit.
b. Luke may pass the means test if his income is low enough. If he passes the means test he will automatically
pass the merits test as he is charged with an imprisonable offence.
c. Luke must pass both the means and merits test. He is likely to pass the means test as he is on a low income
and the merits test will be satisfied as there will be a trial with witnesses and there is a complex point of law
relating to the admissibility of the identification evidence.
d. Luke must pass both the means and merits test. He is likely to pass the means test as he has a low income.
He is unlikely to pass the merits test as he has two previous convictions for burglary dwelling and the evidence
is against him is very strong. Public funding is not available if there is a poor prospect of a defendant being
successful.
A is incorrect as a defendant may pass the means test if they have a low income. Unemployed defendants
automatically pass the means test.
B is incorrect as the fact that a defendant is charged with an imprisonable offence is not per se a reason to
pass the merits test.
C is correct. As Luke’s earning amount to only £34.00 per week he is very likely to pass the means test. If you
consider the 10 Interests of Justice tick boxes on the CDS 14, you will see that the fact that witnesses need to
be traced on behalf of the defendant, the fact that witnesses will have to be cross-examined during the course
of the trial and that the case involves a complex question of law (admissibility of identification evidence) all
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,points to Luke passing the merits test. It would not be fair to Luke or to the prosecution or defence witnesses
that Luke conducts his own defence.
D is incorrect. Luke is likely to pass the means test as he has a low income but the interests of justice tick
boxes in the merits test do not consider whether the defendant is likely to be successful at trial. Neither does
the fact that he has committed the same offence before mean that he is precluded from obtaining public
funding on this occasion.
Feedback
The correct answer is: Luke must pass both the means and merits test. He is likely to pass the means test as he
is on a low income and the merits test will be satisfied as there will be a trial with witnesses and there is a
complex point of law relating to the admissibility of the identification evidence.
PCR Question (Past paper) (SGS 1)
Noel has been charged with theft of the mobile phones and has been bailed to appear at Gladbury
Magistrates’ Court where you will represent him. His brother Nicholas has now also been charged with the
same offence and would also like you to represent him so “I can keep an eye on my little brother to ensure he
doesn’t say anything he shouldn’t”.
This question therefore involved professional conduct issues relating to conflicts of interest.
The appropriate principle is P4, where you must act in the best interests of each client. The relevant Outcome
is 3.5; you do not act if there is a client conflict or a significant risk of a client conflict. IB3.2 also states that you
must decline to act for clients whose interests are in direct conflict. Guidance is also given in the Law Society
Practice Note on Conflicts of Interests in criminal cases (‘LSPNCI’).
Nicholas’s comment made above should immediately give cause for concern. He is Noel’s elder brother and
his statement indicates that he has every intention of influencing what Noel may say or do. In the
circumstances, LSPNCI paragraphs 2.3.1 and 2.3.2 are relevant as there is clearly a conflict/significant risk of
conflict. It might well be that Noel would want to blame his brother should they be convicted and if you
continued to act for Nicholas you could not act in each client’s best interest as required under P4. You must
therefore adopt Outcome 3.5 and decline to act for Nicholas forthwith.
This very straightforward issue seemed to cause problems to many students. Several tried to argue Outcomes
3.6 and 3.7 although they are not relevant to criminal cases. Other students simply stated the Principle and
Outcome but did not apply them at all to the fact pattern. Some students did not even mention what Nicholas
had said, which was vital to a proper and correct discussion of the issue. A large number of students referred
to the issue of client conflict but then dealt with the question under the SRA Code of Conduct Chapter 4
(confidentiality and disclosure) and/or Chapter 5 (misleading the court). Neither of these was relevant on the
fact pattern as there is already a conflict/significant risk of one so that you cannot act for Nicholas. Students
therefore wasted a lot of time unnecessarily if they dealt with these topics.
Overall, students displayed a disappointing lack of familiarity with and understanding of this topic, which is
surprising, given that this particular situation is dealt with in SGS 1. However, there were also a number of
students who dealt with this question correctly and succinctly, gaining maximum marks.
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