Criminal Litigation 3 Answer Guide-1 PDF

Preview

Summary

Download Criminal Litigation 3 Answer Guide-1 PDF

Description

Criminal Litigation Seminar 3 Funding Your Client Answer Guidance

Task 1 (individual task) Answer the following questions without using your notes or text book or electronic devices. Q1. Which one of the following most accurately explains the characteristic of a ‘Principle’ within the Solicitors Code of Conduct? Circle the letter of the answer you consider to be correct. a)

Compliance with them is optional.

b)

Compliance with them is mandatory.

c)

Compliance with them is only required within a large law firm.

d)

Compliance with them is only required if the law firm provides criminal law advice.

e)

They only suggest behaviour that you should exhibit.

Q2. The Solicitors Code of Conduct, Indicative Behaviour 1.9 (IB 1.9) explains what a solicitor should do if their client proposes to make a gift to them. Which one of the following most accurately represents what a solicitor should do in these circumstances? Circle the letter of the answer you consider to be correct. a)

Just accept the gift and do nothing more.

b)

You must never accept gifts from clients.

c) You may accept this gift if it is of substantial value and your client takes independent legal advice in relation to giving it to you. d) You may accept this gift if it is of significant value and your client takes independent legal advice in relation to giving it to you. e) You may accept this gift if it is of special value and your client takes independent legal advice in relation to giving it to you.

Page 1 of 6

Q 3. Who administers the Legal Aid Fund? Circle the letter of the answer you consider to be correct. a)

Community Legal Services (They provide the actual funds but don’t administer the LAF)

b)

The Police.

c)

The Legal Aid Agency.

d)

The Solicitors Regulation Authority

e)

The Law Society.

Q4. In the box below write your answer to the following. There are two specific tests for gaining access to public funding in crime. List both of these

Means test 1………………………………………………………………………………………………...

Interest of justice test 2 ………………………………………………………………………………………………….

Q5. What is meant by ‘means’ test? Circle the letter of the answer you consider to be correct. a) An assessment of your skill to represent a client. b) An assessment of your client’s income. c) An assessment of the strength of the evidence against your client. d) An assessment of your availability to represent a client. e) An assessment of the number of previous convictions your client has.

Q6. Which of the following statements relating to an application for a representation order in the magistrates’ court are correct?

Page 2 of 6

i)

An application for a representation order in the magistrates’ court is non-means tested.

ii)

For an application for a representation order in the magistrates’ court to be granted only the merits test must be satisfied.

iii)

An application for a representation order in the magistrates’ court is only available for an indictable-only offence.

iv)

For an application for a representation order in the magistrates’ court to be granted each and every criterion under the merits test has to be satisfied.

Choose one of the following options: [A]

i) and iii)

[B]

ii) and iii)

[C]

ii) and iv)

[D]

None of the above options are correct

This question relates to an application for a Representation Order in the Magistrates’ Court. The correct answer is [D] in that none of the options are correct. Option i) is incorrect as an application for a Representation Order is means tested. Due to the answer above, option ii) cannot be correct as both the means test and the merits test must be satisfied. Option iii) is incorrect. Where a defendant is charged with an indictable only offence such as robbery, murder, GBH with intent etc, if convicted the defendant is likely to lose his/her liberty by way of a prison sentence. However, subject to the merits test being satisfied, a representation order can be made for any criminal offence being prosecuted in the magistrates’ court even if the offence does not carry imprisonment. Option iv) is incorrect. Not each and every limb of the merits test need be satisfied for a representation order to be granted. For example, a solicitor of previous good character charged with a minor offence of dishonesty is unlikely to lose his/her liberty if convicted. It is, however, likely they will lose their livelihood if convicted and suffer serious damage to his/her reputation.

Task 2 Completion of form CRM 14. Before embarking upon this task please make sure that you are familiar with what the purpose of this form is. You are provided with a set of facts & guidance, below. As a group you will consider and extract relevant material for each part of Qs 23 - 29. Access the CRM 14 file in the Unit folder. You may complete just Q.29 using the boxes below.

Page 3 of 6

Q29

Why do you want legal aid?

1. It is likely that I will lose my liberty if any matter in the proceedings is decided against me.

Q29(1) – The defendant is accused of stealing £1200 worth of computer equipment from a local computer shop. So high value as it is above £1000, Additionally the allegation is that on this occasion he used some sophisticated tools that he had taken with him to disconnect the equipment and also remove security cables before placing the laptop computer in a bag and leaving the store without paying – so a high degree of sophistication. These circumstances aggravate the situation and so make it likely that if he is found guilty he will be sentenced to a term of imprisonment. 2. I have been given a sentence that is suspended or non-custodial. If I break this, the court may be able to deal with me for the original offence.

Q29(2) - The defendant has previously been convicted of a similar offence 18 months ago. On that occasion the court imposed a £500 fine and a 6-month prison sentence suspended for two years. This could be activated and the defendant would be required to serve his initial term of two years imprisonment. 3. It is likely that I will lose my livelihood.

Q29(3) – His new firm have made it clear that any further convictions will place his employment in jeopardy (at risk).

4. It is likely that I will suffer serious damage to my reputation.

Q29(4) – Not applicable (he has already been judged to be dishonest).

5. A substantial question of law may be involved (whether arising from legislation, judicial authority or other source of law).

29(5) – This may include issues relating to the admissibility of the CCTV evidence and how the connection between it and the defendant has been made. Has there been any identification procedures? Does the computer seized ‘belong to another…’ as required to prove theft?

6. I may not be able to understand the court proceedings or present my own case.

29(6) - N/A (for the reasons discussed in class)

29(7) – Store and security staff?

7 Witnesses may need to be traced or interviewed on my behalf. 8. The proceedings may involve expert cross-examination of a prosecution witness (whether an expert or not).

29(8) – Store and security staff? Police – who seized the computer and where from. Has it got a serial number- is this the same as that stolen?

9. It is in the interests of another person (such as the person making a complaint or other

29(9) – N/A (as discussed in class)

witness) that I am represented. 10. Any other reason CRM14

29(10) – it will be necessary to explain the Allocation procedure along with the options of venue available to the defendant along with advising him as to his plea.

Page 6 of 6...