Crim Lit cheat sheet
CPR
Flag CPR 1.1 – 1.3
3.1 – 3.12 in book
PCR
Structure:
Issue
Principles
Outcomes
Discuss wrt IBs and Law Soc practice note
Issue I: misleading the court by acting on client’s instructions
Principle
P1: Uphold RoL and proper administration of justice
P2: Integrity
P4: Acting in best interest of client
P6: Maintaining the public trust
Outcome:
O(5.1): do not attempt to deceive or knowingly/ recklessly mislead the court
O(5.2): are not complicit in another person deceiving/ misleading the courts
O(4.1): duty of confidentiality unless disclosure required/ permitted by law or client consents
Discuss
Have a duty to act in best interest of client (P4) which conflicts with integrity (P2), maintaining public trust
(P6) and upholding RoL and proper administration of justice (P1).
o However, when two or more Principles come into conflict the one that takes precedence is the one
which best serves the public interest in the particular circumstances, especially for proper
administration of justice
So can continue to act as long as do not mislead the court – so cannot tell the court the lie (application!!)
o Unless client already lied – should tell truth with consent of client or cease acting – see below
In context where client wants to lie in a police interview:
o Will not be meeting O(5.2) & (5.2) as interview is evidence that will be put before the court
In context of calling client who you know will lie as a witness in court
o IB(5.9): not likely to achieve outcome and principles if call a witness whose evidence you know is
untrue
At the same time, client is entitled to put prosecution to proof
o LSPNCrimPR – para 4.5.2 – fundamental right under the adversarial system
o Thus client can remain silent and see if offence can be proved
o This could be in client’s best interests if evidence is weak (P4)
o Also cannot reveal missing misleading information without client consent (O(4.1) confidentiality) –
misleading is not by omission so no duty to inform the court about previous information (unless
some scenarios)
Difficulty: – because while don’t have duty to actively tell the police the truth, also cannot rely on or
, allude to court/ prosecutor information/ evidence if know that they are wrong – because it is implying
that it is correct when relying on it
o Also cannot at any time assert client’s innocence or do so on his behalf as this is misleading the
court O(5.1)
o In that situation – cannot act in client’s best interests anymore because this will limit what you can
say in mitigation for the client, making mitigation less effective may have to step down (P4)
o Remember to apply to facts to say what you can’t say!
But if client has already lied (or caused you to lie):
o IB 5.4: immediately inform court with client’s consent, if become aware that you inadvertently
misled the court/ ceasing to act if client does not consent to informing the court
o IB 5.5: refusing to continue acting for a client if you become aware they have committed perjury/
misled the court, or attempted to mislead the court in any material matter unless client agrees to
disclose the truth to the court
Withdrawal from client: If cease to act, cannot reveal the reason why to protect client confidentiality
(O(4.1)) – but must just cite professional reasons
o LSPNCrimPR – para 3.6; 5.1 – court cannot press solicitor for the reason if will disclose privileged
communications with the clients or try to get you to reconsider
Issue II: Conflict of interest between clients; disclosure; confidentiality
Principles:
P2: Integrity
P4: acting in best interests of each client
Outcomes
O(3.5): don’t act if client conflict or significant risk of it
o The exceptions in O(3.6) or O(3.7) do not apply in criminal litigation
O(4.1): confidentiality
O(4.2): disclosure
O(4.3): confidentiality takes precedence if come into conflict in disclose
Discuss:
In publicly funded cases one solicitor should act for all co-defendants unless there is or is likely to be a
conflict of interest
Inequality (where one client influences another): LSPNCI 2.3.1 and 2.3.2 – indicators of conflict include
inequality between co-Ds suggesting that one client is acting under the influence of the other
o Consider age, experience (with convictions) and previous relationships
o IB 3.4 – should not act where there is unequal bargaining power
One client implicating another – is an example of a conflict of interest in criminal cases in LSPNCI – para
2.1
o Direct conflict if differing accounts – then cannot act (IB 3.2)
o in one client’s best interest to implicate another but clearly not in the implicated client’s best
interests
o If would jeopardise the other client’s best interests then cannot act (P4)
Confidentiality and disclosure (if you know one client has info implicating another)
o This is material to implicated client’s case
o Have a duty to disclose under O(4.2) which clashes with a duty of confidentiality to the other client
under O(4.1) (unless client consents – unlikely) even if you cease acting for the other client.
, Confidentiality overrides disclosure O(4.3)
Thus in a case of one client implicating another – will have to cease acting for both (since may hold
confidential information about the implicating client that is material to the implicated client) (LSPNCI 2.4)
Withdrawal from client: cannot reveal the reason why (O(4.1)) – but must just cite professional reasons
LSPNCrimPR – para 3.6; 5.1 – court cannot press solicitor for the reason if will disclose privileged
communications with the clients or pressure solicitor to reconsider
Police Powers
Power 1: Stop and Search
Authority: s1(1);(2) PACE: power to stop and search person/ vehicle for stolen/ prohibited articles
Stolen/ prohibited articles include (s1(7);(8) PACE):
o Any articles acquired as a result of theft/ burglary
o Offensive weapons/ articles made or adapted for use in connection with offences under Theft Act 1968/
CDA 1971
Criteria:
[1] Rank: constable – s1(1) PACE
[2] Public place – s1(1) PACE
[3] Officer has reasonable grounds for suspecting that he will find stolen/ prohibited goods – s1(3) PACE
COP A 2.2: reasonable grounds for suspicion = (1) genuine suspicion and (2) objective basis for that suspicion
more important for exam
o Objective basis based on facts, information and/ or intelligence which are relevant to the likelihood of
finding an article of a certain kind
COP A 2.4: should normally be linked to accurate and current intelligence/ information (such as suspected
offender infos)
COP A 2.2B: cannot be based on generalisations/ stereotypes like race, age, appearance, BCE etc.
COP A 2.6B: may arise from behaviour of person
COP A 2.6: [in the case of gangs] where there is reliable info/ intelligence that members of a gang habitually
carry knives and wear a distinctive item or clothing/ other identification to signal membership of gang may
be reasonable grounds to stop and search a person!
COP A 2.8A: more likely to be effective, legitimate and secure public confidence where reasonable suspicion is
based on range of factors
Exercise:
a) Information given to individual prior to search
S2 PACE; COP A 3.8
o Show warrant card
o That they are being detained for the purpose of a search
o The officer’s name and police station
o Legal search power being exercised (in this case under s1 PACE)
o Purpose of search and the grounds for suspicion
o And that he is entitled to a copy of record of search
COP A 3.10
o Should be told about police powers to stop and search and individual’s rights in these
CPR
Flag CPR 1.1 – 1.3
3.1 – 3.12 in book
PCR
Structure:
Issue
Principles
Outcomes
Discuss wrt IBs and Law Soc practice note
Issue I: misleading the court by acting on client’s instructions
Principle
P1: Uphold RoL and proper administration of justice
P2: Integrity
P4: Acting in best interest of client
P6: Maintaining the public trust
Outcome:
O(5.1): do not attempt to deceive or knowingly/ recklessly mislead the court
O(5.2): are not complicit in another person deceiving/ misleading the courts
O(4.1): duty of confidentiality unless disclosure required/ permitted by law or client consents
Discuss
Have a duty to act in best interest of client (P4) which conflicts with integrity (P2), maintaining public trust
(P6) and upholding RoL and proper administration of justice (P1).
o However, when two or more Principles come into conflict the one that takes precedence is the one
which best serves the public interest in the particular circumstances, especially for proper
administration of justice
So can continue to act as long as do not mislead the court – so cannot tell the court the lie (application!!)
o Unless client already lied – should tell truth with consent of client or cease acting – see below
In context where client wants to lie in a police interview:
o Will not be meeting O(5.2) & (5.2) as interview is evidence that will be put before the court
In context of calling client who you know will lie as a witness in court
o IB(5.9): not likely to achieve outcome and principles if call a witness whose evidence you know is
untrue
At the same time, client is entitled to put prosecution to proof
o LSPNCrimPR – para 4.5.2 – fundamental right under the adversarial system
o Thus client can remain silent and see if offence can be proved
o This could be in client’s best interests if evidence is weak (P4)
o Also cannot reveal missing misleading information without client consent (O(4.1) confidentiality) –
misleading is not by omission so no duty to inform the court about previous information (unless
some scenarios)
Difficulty: – because while don’t have duty to actively tell the police the truth, also cannot rely on or
, allude to court/ prosecutor information/ evidence if know that they are wrong – because it is implying
that it is correct when relying on it
o Also cannot at any time assert client’s innocence or do so on his behalf as this is misleading the
court O(5.1)
o In that situation – cannot act in client’s best interests anymore because this will limit what you can
say in mitigation for the client, making mitigation less effective may have to step down (P4)
o Remember to apply to facts to say what you can’t say!
But if client has already lied (or caused you to lie):
o IB 5.4: immediately inform court with client’s consent, if become aware that you inadvertently
misled the court/ ceasing to act if client does not consent to informing the court
o IB 5.5: refusing to continue acting for a client if you become aware they have committed perjury/
misled the court, or attempted to mislead the court in any material matter unless client agrees to
disclose the truth to the court
Withdrawal from client: If cease to act, cannot reveal the reason why to protect client confidentiality
(O(4.1)) – but must just cite professional reasons
o LSPNCrimPR – para 3.6; 5.1 – court cannot press solicitor for the reason if will disclose privileged
communications with the clients or try to get you to reconsider
Issue II: Conflict of interest between clients; disclosure; confidentiality
Principles:
P2: Integrity
P4: acting in best interests of each client
Outcomes
O(3.5): don’t act if client conflict or significant risk of it
o The exceptions in O(3.6) or O(3.7) do not apply in criminal litigation
O(4.1): confidentiality
O(4.2): disclosure
O(4.3): confidentiality takes precedence if come into conflict in disclose
Discuss:
In publicly funded cases one solicitor should act for all co-defendants unless there is or is likely to be a
conflict of interest
Inequality (where one client influences another): LSPNCI 2.3.1 and 2.3.2 – indicators of conflict include
inequality between co-Ds suggesting that one client is acting under the influence of the other
o Consider age, experience (with convictions) and previous relationships
o IB 3.4 – should not act where there is unequal bargaining power
One client implicating another – is an example of a conflict of interest in criminal cases in LSPNCI – para
2.1
o Direct conflict if differing accounts – then cannot act (IB 3.2)
o in one client’s best interest to implicate another but clearly not in the implicated client’s best
interests
o If would jeopardise the other client’s best interests then cannot act (P4)
Confidentiality and disclosure (if you know one client has info implicating another)
o This is material to implicated client’s case
o Have a duty to disclose under O(4.2) which clashes with a duty of confidentiality to the other client
under O(4.1) (unless client consents – unlikely) even if you cease acting for the other client.
, Confidentiality overrides disclosure O(4.3)
Thus in a case of one client implicating another – will have to cease acting for both (since may hold
confidential information about the implicating client that is material to the implicated client) (LSPNCI 2.4)
Withdrawal from client: cannot reveal the reason why (O(4.1)) – but must just cite professional reasons
LSPNCrimPR – para 3.6; 5.1 – court cannot press solicitor for the reason if will disclose privileged
communications with the clients or pressure solicitor to reconsider
Police Powers
Power 1: Stop and Search
Authority: s1(1);(2) PACE: power to stop and search person/ vehicle for stolen/ prohibited articles
Stolen/ prohibited articles include (s1(7);(8) PACE):
o Any articles acquired as a result of theft/ burglary
o Offensive weapons/ articles made or adapted for use in connection with offences under Theft Act 1968/
CDA 1971
Criteria:
[1] Rank: constable – s1(1) PACE
[2] Public place – s1(1) PACE
[3] Officer has reasonable grounds for suspecting that he will find stolen/ prohibited goods – s1(3) PACE
COP A 2.2: reasonable grounds for suspicion = (1) genuine suspicion and (2) objective basis for that suspicion
more important for exam
o Objective basis based on facts, information and/ or intelligence which are relevant to the likelihood of
finding an article of a certain kind
COP A 2.4: should normally be linked to accurate and current intelligence/ information (such as suspected
offender infos)
COP A 2.2B: cannot be based on generalisations/ stereotypes like race, age, appearance, BCE etc.
COP A 2.6B: may arise from behaviour of person
COP A 2.6: [in the case of gangs] where there is reliable info/ intelligence that members of a gang habitually
carry knives and wear a distinctive item or clothing/ other identification to signal membership of gang may
be reasonable grounds to stop and search a person!
COP A 2.8A: more likely to be effective, legitimate and secure public confidence where reasonable suspicion is
based on range of factors
Exercise:
a) Information given to individual prior to search
S2 PACE; COP A 3.8
o Show warrant card
o That they are being detained for the purpose of a search
o The officer’s name and police station
o Legal search power being exercised (in this case under s1 PACE)
o Purpose of search and the grounds for suspicion
o And that he is entitled to a copy of record of search
COP A 3.10
o Should be told about police powers to stop and search and individual’s rights in these
