Introduction

Question 1

What are the main stages of the criminal justice process?

Answer 1

• Arrest or written charge and requisition
• First hearing before magistrates’ court
• Plea entered:

Guilty: move to sentence

Not guilty: trial → verdict

• If guilty, sentencing follows
• Conviction/sentence may be appealed

Question 2

What governs police conduct and charging decisions?

Answer 2

• Police and Criminal Evidence Act 1984 (PACE) and PACE Codes
• Crown Prosecution Service (CPS) authorises charges

Question 3

How is public funding obtained for a criminal defence?

Answer 3

Apply via Legal Aid Agency portal

Must satisfy two-stage test:

• Interests of justice (s.17 LASPO 2012)
• Means test

Question 4

What is a litigant in person?

Answer 4

A defendant who conducts their own defence without legal representation

Question 5

What are the three offence classifications and their trial venues?

Answer 5

• Summary only: magistrates’ court only
• Either-way: magistrates’ or Crown Court
• Indictable only: Crown Court only

Question 6

How can you determine the classification of a statutory offence?

Answer 6

• Summary only = max sentence ‘on summary conviction’ only
• Indictable only = max sentence ‘on indictment’ only
• Either-way = max sentence listed for both

Question 7

What is the classification for criminal damage?

Answer 7

• Summary only if damage ≤ £5,000
• Either-way if damage > £5,000
• Arson is always either-way

Question 8

What is the basic structure of criminal courts in England and Wales?

Answer 8

• Magistrates’ Court and Youth Court
• Crown Court
• Court of Appeal (Criminal Division)
• Supreme Court
• High Court (for case stated and JR appeals)

Question 9

What are the tribunals of fact and law in each court?

Answer 9

• Magistrates’ court: lay magistrates or DJ = tribunal of fact and law
• Crown Court: jury = fact; judge = law
• Higher appeal courts: judges = fact and law

Question 10

Who hears appeals and what powers do they have?

Answer 10

• Crown Court: hears appeals from magistrates’ court (re-hearing)
• High Court: case stated or judicial review
• Court of Appeal: hears appeals from Crown Court
• Supreme Court: hears appeals on points of general public importance

Question 11

What is the overriding objective of CrimPR?

Answer 11

Criminal cases be dealt with justly, including:
- Acquitting the innocent and convicting the guilty
- Dealing fairly with all parties
- Efficient and expeditious handling
- Respect for victims, witnesses and defendants

Question 12

What are key case management duties?

Answer 12

Rule 3.2: court’s duty to manage cases

Rule 3.3: parties’ duty to assist the court

Examples include:

• Identifying real issues in dispute
• Presenting evidence clearly
• Avoiding delays
• Co-operation

Question 13

What happens if directions are not followed?

Answer 13

Court may:

• Adjourn or vary hearings
• Make costs orders
• Exclude late evidence
• Draw adverse inferences

Question 14

Can a solicitor accept third-party instructions?

Answer 14

• Only if satisfied the instructions reflect the client’s wishes
• Detainee must confirm they want that solicitor

Question 15

What is the rule on conflicts of interest?

Answer 15

• Must not act where there is, or is a significant risk of, a conflict
• No exceptions apply in criminal cases (Law Society guidance)

Question 16

What is the rule on confidentiality and disclosure?

Answer 16

• Cannot disclose client’s confidential information without consent
• If disclosure is required but consent withheld → must cease to act
• Information barriers are not permitted in criminal cases

Question 17

Can a solicitor act for a guilty client pleading not guilty?

Answer 17

• Yes, as long as solicitor does not suggest innocence or mislead court
• Cannot conduct case in a way that asserts non-involvement

Question 18

What must a solicitor do if duties to client and court conflict?

Answer 18

• Cannot mislead court
• Must withdraw if required to mislead
• Court duties take precedence where public interest in justice is paramount

Question 19

key summary only offences to memorise?

Answer 19

• Common assault
• Battery
• Criminal damage ≤ £5,000

Question 20

What are key either-way offences to memorise?

Answer 20

Theft (s.1 Theft Act 1968)

Burglary (s.9)

Fraud (by representation, position, failure to disclose)

ABH (s.47 OAPA)

GBH/wounding (s.20 OAPA)

Possession or PWITS of Class A/B drugs

Criminal damage > £5,000

Sexual assault

Question 21

What are key indictable only offences to memorise?

Answer 21

Robbery (s.8 Theft Act)

GBH with intent (s.18 OAPA)

Aggravated burglary (s.10 Theft Act)

Aggravated arson or criminal damage

Murder and manslaughter (voluntary and involuntary)

Rape