COURT DUTY SOLICITOR 2022 AUTUMN UPDATE – TUESDAY 13TH  SEPTEMBER  2022 – 16:00 – 17:00 – Cost – £50 + VAT = £60

 

THIS COURSE HAS BEEN WRITTEN AND WILL BE PRESENTED BY COLIN BEAUMONT, AN EXPERIENCED FORMER COURT DUTY SOLICITOR AND IT WILL CONCENTRATE ON THOSE ISSUES LIKELY TO CROSS YOUR PATH WHEN ACTING AS THE COURT DUTY SOLICITOR.

The following 20 issues will be considered:

1 – The new rates of pay when acting as the Court Duty Solicitor on or after the 30th September 2022 under Statutory Instrument 2022 No. 848

2 – The circumstances under which you may be advising the client to make a Statutory Declaration under Sections 14 or 16E of the Magistrates’ Courts Act 1980 – where he or she has been convicted in their absence

3 – The circumstances under which you may be advising the client to apply for a re-opening of the conviction under Section 142 of the Magistrates Courts Act 1980 and Rule 44 of the Criminal Procedure Rules 2020 (as amended) – where he or she has been convicted in their absence

4 – What does your Contract say? – A consideration of Parts 6 and 10 of the very latest Standard Crime Contract Specification document

5 – Completion of the PET Form in the Magistrates’ Court following a ‘not guilty’ plea – some thoughts for your consideration, e.g. what to put on the form where the client insists on putting the prosecution to the proof of its case!

6 – Advising the client on whether or not he should plead guilty at that early stage with the expectation of a committal for sentence or put off the pleas until the PTPH and be sent today under Section 51 of the Crime and Disorder Act 1998 – interesting case-law in this area

7 – Advising clients who are before the Court in relation to alcohol or drugs and driving/attempting to drive/being in charge – know your Sections (including the disqualification Sections of the Road Traffic Offenders Act 1988) and know your guidance from the Sentencing Council

8 – Committals for sentence – a consideration of Sections 14 – 24 of the Sentencing Act 2020

9 – Those Sections of the Police, Crime, Sentencing and Courts Act 2022, which are now in force and of which you must be aware when acting as the Court Duty Solicitor – the notes will include my paper ‘30 things you really ought to know about the Act’

10 – Accepting a Court-Appointment under Section 38 (4) of the Youth Justice and Criminal Evidence Act 1999 when acting as the Court Duty Solicitor

11 – Theft by way of low-value shoplifting – low-value criminal damage – low-value damage (aggravated vehicle taking) – Sections and Case-law

12 – An immediate term of 12 months custody today following the increased sentencing powers under Section 13 of the Judicial Review and Courts Act 2022! – advising on the merits of an appeal under Section 48 (4) of the Senior Courts Act 1981

13 – Stepping ‘into the breach’ as the Court Duty Solicitor when the client already has his/her own Solicitors instructed in the case

14 – Credit generally for the plea and a consideration of how to address the Court when admissions have been made in a police station interview – advice from the Sentencing Council and Case-law in this area

15 – A few things for consideration when acting as the Court Duty Solicitor in the Youth Court or dealing with a Child or Young Person in the Adult Magistrates’ Court

16 – Always check that the proceedings have been instituted in time – a consideration of Section 127 of the Magistrates’ Courts Act 1980 and Rule 7 of the Criminal Procedure Rules 2020 (as amended) – also a consideration of the exceptions regarding summary-only offences

17 – Assume nothing! – Check everything! – A case in point being Section 103 of the Road Traffic Act 1988

18 – Having the matter put back to the police for consideration of a caution/conditional caution – some other out-of-court disposal

19 – IDPC (Initial Details of the Prosecution Case) under the Criminal Procedure Rules 2020 (as amended)

20 – Remittals under the Sentencing Act 2020 – Sections 25-29