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DISTINCTION level notes- I have consolidated each relevant SGS into concise tables which helped me navigate my way through the content in the exam. These notes will help you understand the content given in SGS' and should act as a helpful revision tool. I have included as much detail as I thought w...
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Criminal Litigation
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Criminal Litigation Notes
, SGS 1- The Criminal Justice System, The Criminal Procedure Rules and Professional Conduct
Issues
Learning 1. Apply the Criminal Procedure Rules (‘crpr’) in relation to the
outcomes overriding objective and the court’s case management powers;
2. Identify the differing jurisdictions and powers of the criminal courts;
3. Identify and explore issues within the criminal justice system with
reference to your permitted materials; and
4. Apply the SRA Standards and Regulations 2019 Code of Conduct for
Solicitors (‘CCS’), Ethics Guidance and relevant Law Society
Practice Notes to issues regularly encountered in criminal practice.
What you need - Need to know offences (mens rea and actus reus of offences) look at SGS 6
to know for for which offences
exam - Need to be aware of defences (will be told which ones)
- Need to know overriding objective
- Need to know rule 3 case management powers
- Need to know where they are in the book (pg 35 CLPM)
- Need to know where to find help for code of conduct and CPR rules – Law
Society Practice Note and SRA Guidance
- Questions will not be flagged as professional conduct question
o Can you act for more than one person (conflict of interest)
o Can you follow their instructions (the client) ethically?
o How do you reconcile a client?
o What do we have to do if we can’t represent someone?
- Must be able to identify in fact pattern that it is a conduct question
- Appropriate to allow a defendant to put the prosecution to proof, if you are
accused of something you can make the other side prove something (even
though D might be guilty)
- Always refer to LSPN when discussing a conduct question
- There can be an overlap of issues in following table
- Can we act? (yes or no or yes but…)
STOP- 6.2(a) AND (b) of CCS DO NOT APPLY TO CRIMINAL LAW
Code of Conduct The SRA Code of Conduct for Solicitors (‘CCS’) Principles:
for Solicitors
1. In a way that upholds the constitutional principle of the rule of law, and
the proper administration of justice;
2. In a way that upholds public trust and confidence in the solicitors’
profession and in legal services provided by authorised persons;
3. With independence;
4. With honesty;
5. With integrity;
6. In a way that encourages equality, diversity and inclusion;
7. In the best interests of each client
Where two or more of these Principles come into conflict, the Principle which best
serves the public interest, particularly in relation to the administration of justice, will
take precedence (pg 29 Criminal Litigation Permitted Materials (CLPM)
Overriding Rule 1.1(1) the overriding objective of this procedural code is that criminal cases be
objective dealt with justly
(2) (Goes on to explain how you can deal with criminal cases justly)- pg 16 (CLPM)
, What is putting In the UK we permit putting the prosecution to proof so even though the defence
the prosecution gave no evidence to disprove their guilt they can plead not guilty and ask the
to proof? prosecution to prove their case. R v Rochford gave guidance on this. Pg 21 (CLPM)
What is the - Means the person for whom you act, includes prospective and former clients
meaning of - This duty ‘continues despite the end of the retainer or death of the client
client in the when the right to confidentiality passes to the clients personal
context of representatives’ – SRA Guidance
having a duty of
confidentiality in
paragraph 6 of
the CCS?
What examples - LSPNCI 2.1 - A conflict of interest will arise where it is in the best interests of
are there which Client A (page 4 CLPM)
demonstrate a
conflict of to give evidence against client B;
interest in a to make a statement incriminating client B;
criminal case? to implicate client B in a police interview;
to rely on confidential information given by client B without his or her
consent
LSPNCI 2.3.2 - A conflict may arise later in the proceedings where two defendants
who plead not guilty, are subsequently found guilty, and you must now consider
whether you are able to fully mitigate each client without harming the interests of the
other. (page 5 CLPM)
What did Lord - Conflicts of duty between the solicitors duties to the client and his duties to
Hoffman mean the court
by ‘divided - Principle 7 states that we must act in the best interests of our clients. The Code
loyalties’ states that where there is a conflict between a duty and a Principle, the factor
in determining precedence will be the public interest in the administration of
justice.
- Principle 1 of the Code imposes a duty to uphold the rule of law and the proper
administration of justice.
- The obligations placed on the solicitor under the CrPR will override the duty to
the client but not to the detriment of confidentiality and legal professional
privilege.
- LSPN CrPR 1.2 (pg 10 CLPM)
Can a court - Certain confidential communications can never be revealed without the
force a solicitor consent of the client; they are privileged against disclosure. This protection is
to reveal called Legal Professional privilege (LPP). LSPN CrPR 3.4 (pg 13 CLPM)
confidential
information?
What should you - You need to decide whether you hold confidential information about the
consider if you departing client which is now relevant to the retained client LSPNCI 2.4 (pg 8
cease acting for CLPM)
one or more
client?
What if a party CPR 3.5(6) The court may –
fails to comply
with a rule or (a) Fix, postpone, bring forward, extend, cancel or adjourn a hearing:
direction? (b) Exercise its powers to make a costs order: and
(case (c) Impose such other sanction as may be appropriate
management
powers)
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