Criminal 1 Flashcards
(11 cards)
What must a solicitor do if a conflict of interest arises between two co-defendants they are acting for?
The solicitor must cease to act for both, unless the duty of confidentiality is not at risk—then they may continue for one client only.
What procedural course is followed if a defendant is charged with robbery and common assault?
Robbery is indictable-only (s8 Theft Act 1968); common assault is summary-only. The case must be sent to the Crown Court under s51 Crime and Disorder Act 1998, as the most serious offence determines the route.
Give two examples of active case management under Crim PR Part 3.
Examples include: (1) Early identification of real issues; (2) Setting a timetable; (3) Monitoring compliance with directions; (4) Ensuring evidence is presented clearly.
What must a solicitor do if a conflict of interest arises between two clients they represent in a criminal case?
They must cease to act for both, unless they can continue for one without breaching the duty of confidentiality to the other. If confidentiality is at risk, they must stop acting for both clients.
Which section of the Human Rights Act 1998 requires courts to interpret legislation compatibly with Convention rights?
Section 3
What is the procedure called that determines the trial venue for either-way offences?
Allocation hearing (after the defendant pleads not guilty at PBV)
If a defendant pleads not guilty to an either-way offence and the magistrates accept jurisdiction, what happens next?
The case proceeds to summary trial in the magistrates’ court.
Who hears cases in the youth court?
A youth panel of trained magistrates or a District Judge (Magistrates’ Court) with youth training.
Can a solicitor act for a client who admits guilt but wants to plead not guilty and remain silent?
Yes, provided the solicitor does not assert innocence or mislead the court. If the client insists on doing so, the solicitor must cease to act.
What must a solicitor do if two co-defendants blame each other?
The solicitor must assess for conflict. If a conflict arises, they must stop acting for one or both. They may continue for one only if confidentiality isn’t breached.
