LPC NOTES
[CRIMINAL LITIGATION]
(2019-2020)
,CRIMINAL JUSTICE SYSTEM, PROFESSIONAL CONDUCT and
POLICE POWERS
The Criminal Procedural Rules 2005 set out the overriding objective that
criminal cases are dealt with justly. This includes acquitting the innocent and
convicting the guilty.
All criminal cases concerning persons over 18 start, i.e. have their first hearing,
in the magistrates’ court.
The magistrates’ court is made up of either 3 lay magistrates (known as justices)
or a full time District Judge.
An offence will fall into one of three categories:
1. Summary only offence – (e.g. Assault) dealt with in Magistrates court
2. Indictable only offences – (Murder) ascend to Crown Court – ie start at
mag.
3. Either way offences – (Actual Bodily Harm / Theft) Magistrates’ or
Crown Court
When a case is heard in the Magistrates’ court it is tried ‘summarily’ (even if
the offence is either way), if convicted the defendant is said to have a summary
conviction.
Whenever a case is heard in the Crown Court, the defendant it tried on
‘indictment’.
If the defendant is accused of an ‘indictable only’ offence, the case will still
initially appear in the Magistrates’ Court. If the justices are satisfied that the
facts make out an indictable offence they will then send the case to the Crown
Court. This will be done at the first hearing, at which the court will also decide
whether to grant bail.
When the offence is summary only, it will be heard in the Magistrates’ Court.
,If the offence is ‘either-way’ it can be tried in either the Magistrates’ or the
Crown Court. The decision as to which court will deal with the case consists of
two stages: the plea before venue and the optional mode of trial hearing.
If the Magistrates’ Court regard their sentencing powers as insufficient for the
crime, they have the power to ‘commit for sentence’ to the Crown Court. The
limits on the Magistrates’ Court sentencing powers are:
Any number of Summary only offences - 6 months
maximum
One Either way offence - 6 months maximum
One Either way and a Summary only offence - 6 months
maximum
Two Either way offences - 12 months
maximum
ADVANCE INFORMATION:
The defence will receive Advance Information from the prosecution. This will
be supplied in the case of all either-way offences. It allows the defendant to
know the case against him and asses the strength of the evidence before entering
a plea.
Advance Information consists of:
1. Prosecution summary of the case
2. Charge sheet or summons
3. Copies of witness statements
4. Copy antecedents and previous convictions of the accused
5. Transcript of the defendant’s interview under caution
If there is an adjournment then the magistrates need to decide whether to
remand the defendant, and if so whether that should be on bail or in custody.
PROFESSIONAL CONDUCT:
, Perverting the course of justice is a criminal offence. Professional Conduct
issues are likely to arise in the following contexts:
Duties to the Court vs Client, e.g. a client that admits guilt privately and
pleads ‘not guilty’
Conflicts, or potential conflicts of interest, e.g. representing more than
one client in the same case
Confidentiality, e.g. use information from one client’s case in another
client’s case
Interviewing of witnesses
The rules from the Law Society’s Code of Conduct to be familiar with:
- Over riding duty not to mislead the court : rule 1.04, code of conduct
2007 must act in the clients best interest but rule 11.01 states they must
not mislead the court. Also rule 1.06 states they must not act in a way that
diminishes public trust in the profession.
If a client tells his solicitor he is going to give false evidence to the court
they must withdraw from acting for the client until he agrees not to give
false evidence. If not this would be a breach of 11.01, and the client /
false witness may be prosecuted for perjury (perverting the court of
justice).
- The prosecution – are under a duty to ensure that all material evidence
supporting the prosecution case is put before the court in a fair and
dispassionate manner in particular:
- when arguing a point of law they must inform the court of any
relevant authority
(case or stat) even if it back the defendants.
- All relevant facts including those that will help with the
defendants mitigation.
- If prosecution obtains witness that benefits the defence they must
provide that
Particular of this evidence.
- if a witness at trial gives evidence inconsistent with an earlier
statement they must
[CRIMINAL LITIGATION]
(2019-2020)
,CRIMINAL JUSTICE SYSTEM, PROFESSIONAL CONDUCT and
POLICE POWERS
The Criminal Procedural Rules 2005 set out the overriding objective that
criminal cases are dealt with justly. This includes acquitting the innocent and
convicting the guilty.
All criminal cases concerning persons over 18 start, i.e. have their first hearing,
in the magistrates’ court.
The magistrates’ court is made up of either 3 lay magistrates (known as justices)
or a full time District Judge.
An offence will fall into one of three categories:
1. Summary only offence – (e.g. Assault) dealt with in Magistrates court
2. Indictable only offences – (Murder) ascend to Crown Court – ie start at
mag.
3. Either way offences – (Actual Bodily Harm / Theft) Magistrates’ or
Crown Court
When a case is heard in the Magistrates’ court it is tried ‘summarily’ (even if
the offence is either way), if convicted the defendant is said to have a summary
conviction.
Whenever a case is heard in the Crown Court, the defendant it tried on
‘indictment’.
If the defendant is accused of an ‘indictable only’ offence, the case will still
initially appear in the Magistrates’ Court. If the justices are satisfied that the
facts make out an indictable offence they will then send the case to the Crown
Court. This will be done at the first hearing, at which the court will also decide
whether to grant bail.
When the offence is summary only, it will be heard in the Magistrates’ Court.
,If the offence is ‘either-way’ it can be tried in either the Magistrates’ or the
Crown Court. The decision as to which court will deal with the case consists of
two stages: the plea before venue and the optional mode of trial hearing.
If the Magistrates’ Court regard their sentencing powers as insufficient for the
crime, they have the power to ‘commit for sentence’ to the Crown Court. The
limits on the Magistrates’ Court sentencing powers are:
Any number of Summary only offences - 6 months
maximum
One Either way offence - 6 months maximum
One Either way and a Summary only offence - 6 months
maximum
Two Either way offences - 12 months
maximum
ADVANCE INFORMATION:
The defence will receive Advance Information from the prosecution. This will
be supplied in the case of all either-way offences. It allows the defendant to
know the case against him and asses the strength of the evidence before entering
a plea.
Advance Information consists of:
1. Prosecution summary of the case
2. Charge sheet or summons
3. Copies of witness statements
4. Copy antecedents and previous convictions of the accused
5. Transcript of the defendant’s interview under caution
If there is an adjournment then the magistrates need to decide whether to
remand the defendant, and if so whether that should be on bail or in custody.
PROFESSIONAL CONDUCT:
, Perverting the course of justice is a criminal offence. Professional Conduct
issues are likely to arise in the following contexts:
Duties to the Court vs Client, e.g. a client that admits guilt privately and
pleads ‘not guilty’
Conflicts, or potential conflicts of interest, e.g. representing more than
one client in the same case
Confidentiality, e.g. use information from one client’s case in another
client’s case
Interviewing of witnesses
The rules from the Law Society’s Code of Conduct to be familiar with:
- Over riding duty not to mislead the court : rule 1.04, code of conduct
2007 must act in the clients best interest but rule 11.01 states they must
not mislead the court. Also rule 1.06 states they must not act in a way that
diminishes public trust in the profession.
If a client tells his solicitor he is going to give false evidence to the court
they must withdraw from acting for the client until he agrees not to give
false evidence. If not this would be a breach of 11.01, and the client /
false witness may be prosecuted for perjury (perverting the court of
justice).
- The prosecution – are under a duty to ensure that all material evidence
supporting the prosecution case is put before the court in a fair and
dispassionate manner in particular:
- when arguing a point of law they must inform the court of any
relevant authority
(case or stat) even if it back the defendants.
- All relevant facts including those that will help with the
defendants mitigation.
- If prosecution obtains witness that benefits the defence they must
provide that
Particular of this evidence.
- if a witness at trial gives evidence inconsistent with an earlier
statement they must
