CRIMINAL
CRIMINAL LITIGATION
MOCK REVISION NOTES
CASE MANAGEMENT AND PROFESSIONAL CONDUCT
20222
Classification of offences:
Summary only – start and end in Magistrates’ court.
Triable either way – either Magistrates’ or Crown Court.
Indictable only – Crown Court only.
PACE COP Code C, NFG 6D: Solicitors only role at the police station is to protect and advance the legal
rights of their client.
Standard of proof: beyond reasonable doubt.
Means Test: Automatic if gross income of under £12,475 + Merits Test: AJA 1999 Schedule 3 form to
allow Legal Aid officer to determine whether there is a risk of receiving a custodial sentence.
Case Management and CrPR:
CrPR 1.1: The overriding objective is that criminal cases be dealt with justly.
CrPR 3.2: The court must further the overriding objective by actively managing the case.
CrPR 3.5(6): The court can impose broad sanctions for non-compliance with the CrPRs.
Where you client tells you that they have committed the offence, but they are going to lie at interview.
ISSUE – Would the instructions amount to misleading the court?
PRINCIPLES –
Principle 1 – We must uphold the law and proper administration of justice.
Principle 2 – We must act with integrity.
Principle 4 – We must act in our client’s best interests.
Principle 6 – We must behave in a way that maintains the public trust.
OUTCOMES –
O(5.1) – You do not attempt to deceive or knowingly or recklessly mislead the court.
O(5.2) – You are not complicit in another so doing.
O(4.1) – You must keep the affairs of clients confidential [ALWAYS THE OVERRIDING PRINCIPLE]
ACT? –
Lying at interview:
If you allow your client to lie you would not be meeting O(5.1) and O(5.2) as the interview would
be used as evidence at court.
IB(5.9) – You cannot call a witness whose evidence is untrue.
If he insists he is going to continue to lie, you are in breach of P1 and P2.
o O(4.1) - You have to withdraw from acting for the client while maintaining confidentiality.
o O(5.5) – The client must be informed that duty to court overrides obligation to client.
o IB(5.5) – If the client insists on a course of action in breach, you must cease acting.
Remaining silent at interview:
,CRIMINAL
Para 4.5.2 LS PN CPR 2015 – The client is entitled to put the prosecution to proof which is a
fundamental right under the adversarial system.
P4 – This method may be in the best interests of the client if the evidence is weak.
As soon as the client asserts innocence = misleading the court and there is a breach of O(5.1).
CONCLUSION – Can continue to act providing the client does not assert his innocence at any point.
, CRIMINAL
Where client A and B are co-defendants and have two different accounts of what happened.
CLIENT B:
ISSUE – There is a conflict of interest between Client A and Client B.
PRINCIPLES –
Principle 2 – We must act with integrity.
Principle 4 – We must act in our client’s best interests.
OUTCOMES –
O(3.5) – You must not act if there is a conflict or a significant risk of a client conflict.
O(3.6)/O(3.7) – DO NOT APPLY IN CRIMINAL LITIGATION.
ACT? –
Implicating Client A:
Para 2.1, LS PN conflicts of interest in criminal cases – Implicating another client is a conflict
between clients.
If Client A and B are both charged it would be in the best interests of Client B to blame Client A
but not in the best interests of Client A.
IB 3.2 – You must decline to act for clients whose interests are in direct conflict.
P4 – You cannot act in the best interests of both clients.
CONCLUSION – You must advise Client B to seek representation from another firm. IMPORTANT: you
cannot disclose any confidential information to police.
CLIENT A:
ISSUE – There is now a conflict between the duty of disclosure and duty of confidentiality.
PRINCIPLES –
Principle 2 – We must act with integrity.
Principle 4 – We must act in our client’s best interests.
OUTCOMES –
O(4.1) – You must keep the affairs of clients confidential.
O(4.2) – You must disclose all material information material to your client.
O(4.3) – Where you duty of confidentiality and duty of disclosure come into conflict, your duty of
confidentiality takes precedence.
ACT? –
Being unable to disclose the information gathered from Client B:
You have information from Client B that is material to Client A’s case.
O(4.2) – You have a duty to disclose this to Client A.
O(4.3) – HOWEVER… you have a duty of confidentiality to Client B which does not cease even
though you no longer act for him (O(4.1)).
O(4.3) – CONFIDENTIALITY ALWAYS OVERRIDES.
P4 – You are unable to act in the best interests of your client.
Para 2.4, LSPNCI – You must cease acting for both to ensure we meet the mandatory Principles.
CONCLUSION – You cannot act for Client A because you cannot act in his best interests.
*IMPORTANT to ask co-defendants if there might be a conflict from the start before coming into
possession of confidential information.
CRIMINAL LITIGATION
MOCK REVISION NOTES
CASE MANAGEMENT AND PROFESSIONAL CONDUCT
20222
Classification of offences:
Summary only – start and end in Magistrates’ court.
Triable either way – either Magistrates’ or Crown Court.
Indictable only – Crown Court only.
PACE COP Code C, NFG 6D: Solicitors only role at the police station is to protect and advance the legal
rights of their client.
Standard of proof: beyond reasonable doubt.
Means Test: Automatic if gross income of under £12,475 + Merits Test: AJA 1999 Schedule 3 form to
allow Legal Aid officer to determine whether there is a risk of receiving a custodial sentence.
Case Management and CrPR:
CrPR 1.1: The overriding objective is that criminal cases be dealt with justly.
CrPR 3.2: The court must further the overriding objective by actively managing the case.
CrPR 3.5(6): The court can impose broad sanctions for non-compliance with the CrPRs.
Where you client tells you that they have committed the offence, but they are going to lie at interview.
ISSUE – Would the instructions amount to misleading the court?
PRINCIPLES –
Principle 1 – We must uphold the law and proper administration of justice.
Principle 2 – We must act with integrity.
Principle 4 – We must act in our client’s best interests.
Principle 6 – We must behave in a way that maintains the public trust.
OUTCOMES –
O(5.1) – You do not attempt to deceive or knowingly or recklessly mislead the court.
O(5.2) – You are not complicit in another so doing.
O(4.1) – You must keep the affairs of clients confidential [ALWAYS THE OVERRIDING PRINCIPLE]
ACT? –
Lying at interview:
If you allow your client to lie you would not be meeting O(5.1) and O(5.2) as the interview would
be used as evidence at court.
IB(5.9) – You cannot call a witness whose evidence is untrue.
If he insists he is going to continue to lie, you are in breach of P1 and P2.
o O(4.1) - You have to withdraw from acting for the client while maintaining confidentiality.
o O(5.5) – The client must be informed that duty to court overrides obligation to client.
o IB(5.5) – If the client insists on a course of action in breach, you must cease acting.
Remaining silent at interview:
,CRIMINAL
Para 4.5.2 LS PN CPR 2015 – The client is entitled to put the prosecution to proof which is a
fundamental right under the adversarial system.
P4 – This method may be in the best interests of the client if the evidence is weak.
As soon as the client asserts innocence = misleading the court and there is a breach of O(5.1).
CONCLUSION – Can continue to act providing the client does not assert his innocence at any point.
, CRIMINAL
Where client A and B are co-defendants and have two different accounts of what happened.
CLIENT B:
ISSUE – There is a conflict of interest between Client A and Client B.
PRINCIPLES –
Principle 2 – We must act with integrity.
Principle 4 – We must act in our client’s best interests.
OUTCOMES –
O(3.5) – You must not act if there is a conflict or a significant risk of a client conflict.
O(3.6)/O(3.7) – DO NOT APPLY IN CRIMINAL LITIGATION.
ACT? –
Implicating Client A:
Para 2.1, LS PN conflicts of interest in criminal cases – Implicating another client is a conflict
between clients.
If Client A and B are both charged it would be in the best interests of Client B to blame Client A
but not in the best interests of Client A.
IB 3.2 – You must decline to act for clients whose interests are in direct conflict.
P4 – You cannot act in the best interests of both clients.
CONCLUSION – You must advise Client B to seek representation from another firm. IMPORTANT: you
cannot disclose any confidential information to police.
CLIENT A:
ISSUE – There is now a conflict between the duty of disclosure and duty of confidentiality.
PRINCIPLES –
Principle 2 – We must act with integrity.
Principle 4 – We must act in our client’s best interests.
OUTCOMES –
O(4.1) – You must keep the affairs of clients confidential.
O(4.2) – You must disclose all material information material to your client.
O(4.3) – Where you duty of confidentiality and duty of disclosure come into conflict, your duty of
confidentiality takes precedence.
ACT? –
Being unable to disclose the information gathered from Client B:
You have information from Client B that is material to Client A’s case.
O(4.2) – You have a duty to disclose this to Client A.
O(4.3) – HOWEVER… you have a duty of confidentiality to Client B which does not cease even
though you no longer act for him (O(4.1)).
O(4.3) – CONFIDENTIALITY ALWAYS OVERRIDES.
P4 – You are unable to act in the best interests of your client.
Para 2.4, LSPNCI – You must cease acting for both to ensure we meet the mandatory Principles.
CONCLUSION – You cannot act for Client A because you cannot act in his best interests.
*IMPORTANT to ask co-defendants if there might be a conflict from the start before coming into
possession of confidential information.
