Criminal Litigation notes - BPP Law School - High Distinction Level notes!
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Fundamental right to put prosecution to proof - 4.5.2 LSPN
LSPNCI - 2.3.2
Issue - Misleading the court
Principles -
1: must uphold the law and the proper administration of justice
2: we must act with integrity
4: we must act in our clients best interests
6: we must behave in a way that maintains the public trust
Outcomes-
5.1: you do not attempt to deceive or knowingly or recklessly mislead the
court
5.2: you are no complicit in another person misleading or deceiving the court
4.1: you must keep the affairs of the client confidential
Indicative behaviours-
(Can’t) 5.9: call a witness whose evidence you know is untrue
——
Issue- Conflict of interest between 2 defendants
Principles-
4: we must act in our clients best interests
2: we must act with integrity
Outcome-
3.5: must not act if there is a conflict/ significant risk of a conflict
(Exceptions 3.6, 3.7 do NOT apply in criminal cases)
Indicative behaviours-
3.2: declining to act for clients who bests interests are in direct conflict
-
Issue- A conflict between disclosure and confidentiality
Principles-
4: we must act in our clients best interests
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