LEGAL PRACTICE COURSE

CRIMINAL LITIGATION
SGS 1

University of Westminster LPC Crim Lit

 Outcomes
 By the end of this unit you should:
 have some basic understanding of the criminal justice
system
 be able to give clients advice on police powers,
police procedures and court proceedings.
 be able to deal with some of the professional conduct
issues that can arise in criminal litigation matters.
 be able to advise and deal with the funding of
criminal litigation work

University of Westminster LPC Crim Lit

 1.Stop & Search s.1 PACE

 power to search for stolen or prohibited

articles
 reasonable grounds needed
– Cannot be based on - age/appearance/race/known
convictions/stereotypes (Code A para 2.2B)
 public place only
– Garden not a public place, can only search there if
reasonable gds to believe he does not live there
and not there with owner’s consent

University of Westminster LPC Crim Lit

 1. Stop & Search s.1 PACE

 only outer clothing may be removed

 PC must show warrant card
 information to be given
– PCs names and station
– object of search,
– ground of search and
– that can have a copy of search record
 record to be made immediately- if arrested
then part of custody record
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 2. Police station role-play
 Right to consult a solicitor – s58 PACE
 Code C 6.15 – must be informed of a
solicitor’s arrival even if detainee said they did
not want one and even if they are sitting in
middle of interview
 Code C Annex B Note 4 – if third party
instructed solicitor on their behalf detainee
must be told the solicitor has come to the
police station at another person’s request

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 2. Police station role-play
tick Any issues/points of note?
Code C6.15 and Code C annex B Note 4
cited?
names of arresting officers

time and fact of arrest

alleged offence

time of arrival at police station

any issues about health and well-being

any developments such as the s18 search

which has been authorised

if so, are the grounds for the s18 search

challenged ie what evidence could there
possibly be related to this incident

or if he has been already interviewed

any other good points/questions raised by

the sol

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 3. Advising co-defendants
 PC issue
 Principle 7
– You must act in the best interest of each client.
– Code for Sols 3.1; Code for Firms 4.1
 Conflict of interest
– Code for Sols & Firms para 6.2 - You do not act in
relation to a matter or particular aspect of it if you
have a conflict of interest or a significant risk of
such a conflict in relation to that matter or aspect
of it

University of Westminster LPC Crim Lit

 3. Advising co-defendants
 Interplay of two duties: Code for Sols &
Firms
– the duty of confidentiality - para 6.3
– duty of disclosure – para 6.4 you make
the client aware of all information material
to the matter of which you have
knowledge.
 You should not continue to act for a client to
whom you cannot disclose material
information.

University of Westminster LPC Crim Lit

 3. Advising co-defendants
 Can we act for both clients?
 If a conflict or potential conflict apparent (from what
Andy has told you) then do not go and speak to
Lenny – tell police he needs his own lawyer do not
say why.

University of Westminster LPC Crim Lit

 3. Advising co-defendants
 If a conflict or potential conflict not apparent (from
what Andy has told you) then go and advise Lenny.
 If no conflict arises from what Lenny says then can
act for both
 If conflict arises from what Lenny says ….
– Can only act for one of the client’s provided that
the duty of confidentiality para 6.3 of the other
is not put at risk.
– Nb duty of disclosure para 6.4 to disclose
material information to client
– If cannot act for one without breaching
confidentiality or disclosure to other then cannot
act for either – both have to get new separate
lawyers.
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 4. Financing the case

When? What type available?

Pre-charge P/StationAdvice and Assistance
Advice and Assistance
Advocacy assistance

Post-charge Representation Order

Advocacy assistance

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 4. Pre-charge funding
 Advice and Assistance - as advice pre-
charge
 means and merits test
 Sol completes CRM1 & 2
 Merits – to advise on question of
English law and sufficient benefit to
client to justify work done
 Means - qualify if on certain benefits or
on low income/capital, otherwise apply
keycard limits.
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 5c. Post-charge funding in mags

 Post-charge so apply for RO in

Magistrates’ Court
– Means test – on benefit so passes this
test
– Merits test - apply ‘interests of justice’
test

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 Representation Order - in the
Magistrates’ Court
Means test • Auto financial qualification - if client on:
• Income Support, income-based Jobseeker’s Allowance, Universal Credit,
State Pension Guarantee Credit or Income-based Employment and
Support Allowance, or
• under 18 years of age.
• Otherwise simple ‘in or out’ test
• If adjusted income £12,475 or less then qualify
• If £22,325 or more do not qualify
• If between these two amounts then apply ‘full means test’, if annual
disposable income is £3,398 or less then qualify.
Merits test •‘Interest of justice’ test – see CRM 14 section 29
• likely to lose liberty (custody only)
• serious offence/defendant’s previous
• already subject to a court sentence
• loss of livelihood
• serious damage to reputation
• substantial question of law
• unable to understand case through lack of English or a disability
• need a solicitor to trace witnesses
• need an expert advocate to xx witnesses
• someone else’s interest eg victim
• any other reasons
University of Westminster LPC Crim Lit
 Representation Order - in the
Crown Court
Means test • Auto financial qualification - if client on:
• Income Support, income-based Jobseeker’s Allowance, Universal
Credit, State Pension Guarantee Credit or Income-based Employment
and Support Allowance, or
• under 18 years of age
• Otherwise simple ‘in or out’ test
• Simple in/out test – if annual disposable income is £37,500 or more
then no legal aid.
• If annual disposable income is £37,499 or less then potentially eligible.

• If annual disposable income is more than £3,398 then will have

to pay a contribution from income.
• Def will have to pay 90% of monthly disposable income for 5
months or until the case ends whichever occurs sooner.

Merits • Through order usually submitted by Magistrates Court who will have
test applied the ‘interest of justice’ test – as in Mags.
• Trials and committal for sentence automatically pass the ‘interest of
justice test’ but will still have to pass means test

University of Westminster LPC Crim Lit

 5c. Post charge funding in Crown
Court

 Crown Court
– Means test
» passes if on benefits or disposable income is
£3398 or less.
» if disposable income more than £3398 –
contribution order from income ie will be
ordered to pay 90% of monthly disposable
income for 5 months
– Merits test - auto passes the ‘interests of
justice’ test if having trial or committed for
sentence but still needs to pass the means test.
University of Westminster LPC Crim Lit
 5c. Costs
 If acquitted – no order for costs (usually)
and any contributions from income refunded
with interest.
 If convicted
– contribution to prosecution costs
– contribution from capital if convicted
in Crown Court (does not include
committal for sentence or appeal against
sentence) and has assets of £30,000 or
more.

University of Westminster LPC Crim Lit

 5c. Cost
Prosecution Costs Defence Costs

Mags • Yes - can be ordered • No – no power to order

Crown • Yes - can be ordered • Yes – Def will face a

‘contribution order from
Court
capital ‘ to cover his defence
costs if:
• s/he has £30,000 or more
in assets eg savings,
equity in property, shares
or Premium Bonds and
• defence costs not already
covered by income
contributions

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 5d. Application for Representation
- Merits Test – CRM14

 likely to lose liberty

– Previous for GBH
– Serious facial injury involving weapon
 substantial question of law
– R v Turnbull id issues
– S78 PACE application re: PACE breaches
– Likely prosecution application to adduce evidence
of my previous convictions under s101 CJA 2003

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 5d. Merits Test – CRM 14 -
Continued

 unable to understand case through lack of

English or a disability
– Suffers from epilepsy
 need a solicitor to trace witnesses
– Patrons of pub who are unknown to me but
witnessed incident
 need an expert advocate to xx witnesses
– Arresting officer and/or custody sergeant re: PACE
breaches

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 5d. Merits Test – CRM 14 -
Continued

 someone else’s interest

– Victim will be spared XX by me
 any other reasons
– I will plead not guilty
– demanding community order

University of Westminster LPC Crim Lit

 Outcomes
 By the end of this unit you should:
 have some basic understanding of the criminal justice
system
 be able to give clients advice on police powers,
police procedures and court proceedings.
 be able to deal with some of the professional conduct
issues that can arise in criminal litigation matters.
 be able to advise and deal with the funding of
criminal litigation work

University of Westminster LPC Crim Lit