2020/21
CRIMINAL LAW AND
PRACTICE
LPC: CHAPTER NOTES AND STRUCTURES
MARIA HASLIEN
, MARIA HASLIEN
1 THE CRIMINAL LITIGATION PROCESS
General Outline of Criminal Litigation CrPR 3.5(6): sanctions for non-compliance
Classification of offences: (cancel or adjourn a hearing, make a costs
o Summary only – least serious, start order, refuse to allow a party to introduce
and end in Magistrates’ court evidence and draw adverse inferences
o Triable either way offences – either from the late introduction of an issue or
Magistrates’ or Crown Court evidence)
o Indictable only – so serious that CrPR 3.7: vary times without court
they are dealt in Crown Court only approval – must not affect hearings.
The procedural outline of the process is CrPR 3.9: allows for progression if D’s
as follows: absent
CrPR 3.10: Before a case can proceed to
trial each party must file a certificate of
readiness for trial
The 7 Mandatory Principles
Rule 1: Upload rule of law
Rule 2: Uphold public trust as a solicitor
Rule 3: With independence
Rule 4: With honesty
Rule 5: With integrity
Rule 6: Uphold equality, diversity and
inclusion
Rule 7: In the client’s best interest
Law Society Notes on Criminal Justice
(LPSN)
The main concern is whether the Para 2.1: One litigator be appointed to act
prosecution can produce the charge to for co-defendants in legal aid case (unless
the requisite criminal standard. conflict)
Para 2.2: At what stage of the criminal
Magistrates’ maximum imprisonment case does the issue of conflict arise?
power Identify early
One or more SO Max 6 months’ Para 2.3.1: one client is acting under
offence prison influence of the other rather than on his
One EW offence Max 6 months’ own initiative cease to act
prison Para 2.3.2: Is it best interest to act for both
Two or more EW Max 12 months’ co-d if conflict between them? No cease
offences prison to act
Para 2.4: Must cease to act if not meeting
Case Management and the Criminal Principles.
Procedure Rules 2005
CrPR 1: The overriding objective is to Law Society Practice Note Criminal Procedure Rules
deal with cases justly. Court considers all 2015 (LSPNCrPR)
parties involved
CrPR 1.2: each participant conducts with Para 4.5.2: D entitled to put the
the rules of the overriding objective and prosecution to proof
other practice rules. Para 5.1: Decision to withdraw rests with
CrPR 3: provides for the effective case solicitor. Court cannot pressure you into
management of criminal cases
1
, MARIA HASLIEN
CrPR 3.5: courts can issue any direction. providing reasons why.
SRA Code of Conduct for Solicitors (‘CCS’) PUBLIC FUNDING
CCS 1.4: Must not mislead your client, To be granted a representation order,
courts et al. applicant must pass 2 separate tests.
CCS 2.1: not misuse or tamper with
evidence or attempt to do so Means Test: under 18 or those who
CCS 2.2: do not seek to influence the are on unemployment benefits
substance of the evidence, including automatically passported to the
generating false evidence or persuading means test.
witnesses to change their evidence Merits Test – must complete a
CCS 2.6: Do not waste court’s time form. If fails:
CCS 2.5: Do not place yourself in o May consult duty solicitor if
contempt of court charged with an imprisonable
CCS 2.7: Must draw court’s attention to all offence; or
relevant facts. o Is in custody. Only once.
CCS 6.2: Conflict of interest
CCS 6.3: Keep affairs of clients
confidential
CCS 6.4: Make client aware of all info of
the case
CCS 6.5: Cannot act for a client that has
an adverse interest to the client you are
now acting for (only if confidential info is
held)
Problem questions on CCS, LSPNCI and
the Principles
Follow this structure on PCR problem
questions:
o Identify issue (e.g., conflict of
interest/misleading court);
o Principles: state relevant mandatory
principles;
o CCS: identify relevant CCS that must be
achieved;
o Discuss: apply the facts above. Also incl
LSPN.
Model answers for PCR
Conflict of interest:
o Principle: 1, 5, 7
o CCS: 6.2
o Discuss: LSPN 2.1, 2.2, 2.3.1, 2.3.2
Confidentiality and disclosure:
o Principle: 5, 7
o CCS: 6.3, 6.4, 6.5
o Discuss: LPSN 2.4
Confidentiality and disclosure:
o Principle: 1, 2, 4, 5, 7
o CCS: 1.4, 6.3
o Discuss: LSPN 4.5.2, 5.1
2
CRIMINAL LAW AND
PRACTICE
LPC: CHAPTER NOTES AND STRUCTURES
MARIA HASLIEN
, MARIA HASLIEN
1 THE CRIMINAL LITIGATION PROCESS
General Outline of Criminal Litigation CrPR 3.5(6): sanctions for non-compliance
Classification of offences: (cancel or adjourn a hearing, make a costs
o Summary only – least serious, start order, refuse to allow a party to introduce
and end in Magistrates’ court evidence and draw adverse inferences
o Triable either way offences – either from the late introduction of an issue or
Magistrates’ or Crown Court evidence)
o Indictable only – so serious that CrPR 3.7: vary times without court
they are dealt in Crown Court only approval – must not affect hearings.
The procedural outline of the process is CrPR 3.9: allows for progression if D’s
as follows: absent
CrPR 3.10: Before a case can proceed to
trial each party must file a certificate of
readiness for trial
The 7 Mandatory Principles
Rule 1: Upload rule of law
Rule 2: Uphold public trust as a solicitor
Rule 3: With independence
Rule 4: With honesty
Rule 5: With integrity
Rule 6: Uphold equality, diversity and
inclusion
Rule 7: In the client’s best interest
Law Society Notes on Criminal Justice
(LPSN)
The main concern is whether the Para 2.1: One litigator be appointed to act
prosecution can produce the charge to for co-defendants in legal aid case (unless
the requisite criminal standard. conflict)
Para 2.2: At what stage of the criminal
Magistrates’ maximum imprisonment case does the issue of conflict arise?
power Identify early
One or more SO Max 6 months’ Para 2.3.1: one client is acting under
offence prison influence of the other rather than on his
One EW offence Max 6 months’ own initiative cease to act
prison Para 2.3.2: Is it best interest to act for both
Two or more EW Max 12 months’ co-d if conflict between them? No cease
offences prison to act
Para 2.4: Must cease to act if not meeting
Case Management and the Criminal Principles.
Procedure Rules 2005
CrPR 1: The overriding objective is to Law Society Practice Note Criminal Procedure Rules
deal with cases justly. Court considers all 2015 (LSPNCrPR)
parties involved
CrPR 1.2: each participant conducts with Para 4.5.2: D entitled to put the
the rules of the overriding objective and prosecution to proof
other practice rules. Para 5.1: Decision to withdraw rests with
CrPR 3: provides for the effective case solicitor. Court cannot pressure you into
management of criminal cases
1
, MARIA HASLIEN
CrPR 3.5: courts can issue any direction. providing reasons why.
SRA Code of Conduct for Solicitors (‘CCS’) PUBLIC FUNDING
CCS 1.4: Must not mislead your client, To be granted a representation order,
courts et al. applicant must pass 2 separate tests.
CCS 2.1: not misuse or tamper with
evidence or attempt to do so Means Test: under 18 or those who
CCS 2.2: do not seek to influence the are on unemployment benefits
substance of the evidence, including automatically passported to the
generating false evidence or persuading means test.
witnesses to change their evidence Merits Test – must complete a
CCS 2.6: Do not waste court’s time form. If fails:
CCS 2.5: Do not place yourself in o May consult duty solicitor if
contempt of court charged with an imprisonable
CCS 2.7: Must draw court’s attention to all offence; or
relevant facts. o Is in custody. Only once.
CCS 6.2: Conflict of interest
CCS 6.3: Keep affairs of clients
confidential
CCS 6.4: Make client aware of all info of
the case
CCS 6.5: Cannot act for a client that has
an adverse interest to the client you are
now acting for (only if confidential info is
held)
Problem questions on CCS, LSPNCI and
the Principles
Follow this structure on PCR problem
questions:
o Identify issue (e.g., conflict of
interest/misleading court);
o Principles: state relevant mandatory
principles;
o CCS: identify relevant CCS that must be
achieved;
o Discuss: apply the facts above. Also incl
LSPN.
Model answers for PCR
Conflict of interest:
o Principle: 1, 5, 7
o CCS: 6.2
o Discuss: LSPN 2.1, 2.2, 2.3.1, 2.3.2
Confidentiality and disclosure:
o Principle: 5, 7
o CCS: 6.3, 6.4, 6.5
o Discuss: LPSN 2.4
Confidentiality and disclosure:
o Principle: 1, 2, 4, 5, 7
o CCS: 1.4, 6.3
o Discuss: LSPN 4.5.2, 5.1
2
