Legaleagle Training
ADVISING CLIENTS AT THE MAGISTRATES’ COURT – THE TRICKY ISSUES – TUESDAY 16TH APRIL 2024 – COMMENCING AT 4PM - COST - £75 + VAT
We were absolutely delighted with the response to last month’s ZOOM presentation in relation to THE TRICKY ISSUES at the Police Station.
It is quite clear that there is concern over the lack of any specific guidance when dealing with ethical dilemmas.
We have decided to follow it up with a presentation this month in relation to some unusual practice and procedural issues in the Magistrates’ Court including TRICKY ISSUES that may confront you at the Magistrates’ Court.
You will not be the first Advocate to have left the court at the end of the session wondering whether or not ‘you had crossed the line’ in terms of how you approached the dilemma you faced!
YOU MAY BRING YOUR OWN TRICKY ISSUE TO THE PRESENTATION SHOULD YOU WISH.
What do they say, ‘forewarned is forearmed!’
THERE WILL BE SOME NOTES BUT, IN THE MAIN, THESE ARE JUDGEMENT CALLS AND RELY ON EXPERIENCE.
Have a look at the issues below in RED and see how you would deal with them – if you’re not sure, then this is a presentation that you should book on or a recording that you should purchase.
DON’T WORRY IF YOU CANNOT ATTEND THE ACTUAL PRESENTATION (OR NEVER INTENDED TO ATTEND) –YOU WILL STILL GET THE RECORDING WHICH YOU CAN SAVE TO A DEVICE OR WATCH AT YOUR LEISURE ON OUR YouTube CHANNEL
Anyone wishing to attend the session (or wishing to have the full sets of notes and the recordings afterwards without ever attending) should simply click here: mailto: colin@thelegaleagle.org or ring me (or send me a text) – (07887) 842985 and book a place.
TRICKY ISSUES
1 – Both you and your client know that the list of previous convictions is inaccurate through omission – you are asked by the legal adviser whether or not you agree the list of previous convictions? – What is your professional position?
2 – You know that the list of previous convictions is inaccurate because you represented your client in court a couple of weeks ago and he was made the subject of a suspended sentence order – furthermore, you know that by pleading guilty to today’s offence, he will put himself in breach of that earlier order – you have specific instructions from the client not to mention the earlier order – What is your advice to the client and what is your professional position?
3 – Would you be in the same position if, a couple of weeks ago, your client had been made the subject of a community order? – Does the guilty plea today put him in breach? – Might knowing about that earlier order affect the sentence he would otherwise receive today? – Does your position change where the Court informs you that they are considering a community order as a disposal for today’s offence?
4 – You represent a client in court today and you know that there is a warrant outstanding for his arrest – no-one else seems to know anything about the earlier warrant – your client is in custody having been charged at the police station last night and refused bail – you are instructed to make a bail application on his behalf – you have received specific instructions from the client not to mention anything about that earlier warrant – What is your professional position?
5 – Would your professional position be any different to the dilemma you face at scenario 4 above if your client was not in custody, the matter today was to be the subject of an adjournment and the prosecution had no issue with the bail he had been granted by the police simply being continued?
6 – You know that your client has a previous conviction and disqualification for a motoring offence and is therefore liable to a minimum 3-year disqualification today when he pleads guilty to today’s offence – that previous conviction being for an offence falling within Section 34 (3) of the Road Traffic Offenders Act 1988 – the prosecutor informs you that your client is ‘not known’ – your client is absolutely adamant that he does not wish to reveal the details of that earlier conviction to the court – What is your advice to the client and what is your professional position?
7 – Your client has not attended for his trial today and the legal adviser is saying that you should therefore withdraw from the proceedings – What is your professional position?
8 – You are representing a client under the terms of a Court-Appointment – he asks you whether or not you would represent him privately during the remainder of the proceedings today – What is your professional position?
9 – You have represented a client under the terms of a Court-Appointment – today’s proceedings have been adjourned for PSR’s and for sentencing to take place on the next occasion – the client wishes to instruct you privately to represent him at that hearing – What is your professional position?
10 – Your client, as part of the bail application, instructs you to put forward a particular address – you are concerned because you know that he is already on bail to reside at a different address – the client does not want a variation of bail as regards the earlier proceedings and is adamant that he does not want you to put forward any address other than the address that he has given you today – What is your professional position?
11 – You know that your client’s actual details are different to the details as read out by the legal adviser in court – his name is different – his date of birth is different – his address is different – the client instructs you to simply say nothing about his name or his date of birth or his address – the matter today is to be the subject of an adjournment – What is your advice to the client and what is your professional position?
12 – Your client appears today in the Youth Court – you know that he is an adult and you have represented him in criminal proceedings in the adult Court – no-one else seems to know that he is an adult and that he appearing in the wrong court – What is your advice to the client and what is your professional position?
13 – You see a client today in your capacity as the Court Duty Solicitor – he gives you a valid defence but is adamant that he does not wish to take the time and the trouble and the effort to keep coming back to court and having a trial – he wants to plead guilty today and get the matter over with – he also wants you to come into court and represent him in the proceedings – What is your advice to this client and what is your professional position?
14 – The trial has been set down for today but your client is nowhere to be seen – he contacts you on your mobile phone and tells you that he doesn’t intend to turn up today and wants you to get the case adjourned – he gives you no reason for his non-attendance and tells you specifically that he does not want you to let the court know that he has been in touch with you – What is your professional position when the District Judge asks you whether or not your client has been in touch?
15 – What is your professional position generally when the District Judge asks a question of you in circumstances where you know the answer but you do not have the client’s consent to answer the question?
16 – The District Judge is concerned that you have simply put on the PET FORM that ‘the prosecution is put to the proof of its case’ – the District Judge requires you to give the facts upon which your client would seek to rely as part of his defence and the prosecution facts with which your client takes issue – What is your professional position?
17 – The trial is proceeding nicely but during the luncheon adjournment your client admits to you that he committed the offence – he wants you to continue as the trial advocate and does not want you to tell the court about the private discussion he has had with you – What is your professional position?
18 – Your client turns up for trial with 2 witnesses – this is the first you know about these witnesses and your client wishes for these witnesses to testify at trial – What is your advice to the client?
19 – Your client is a totter today and liable to a minimum period of disqualification – he informs you that this is not the first time he has been in this situation and 2 years ago he saved himself from a disqualification by arguing Exceptional Hardship – What is the legal position here and what is your professional position?
20 – You know that your client has points on his record as you have represented him in proceedings quite recently in another court – you know that there is a chance that he may be made a totter in court today – it really depends upon how many points the court imposes – there is no information from DVLA Swansea about any previous driving history and the prosecutor has nothing to add – you say nothing initially and wait to see how many points the court imposes – the court imposes points which added to the previous points clearly make him a totter – What is your advice to the client and what is your professional position?
21 – You see a client in the cells in your capacity as the Court Duty Solicitor – he has been convicted in his absence of various motoring offences and the court issued a warrant for his arrest as they were considering a period of disqualification from driving and were unwilling to impose that disqualification in absence – your client tells you that he knew nothing about the proceedings and you are considering advising him to make a Statutory Declaration – what information should you check with the legal adviser before you allow him to give sworn evidence apropos the Statutory Declaration?
22 – Your instructions from your client are that you are to ‘attack without mercy’ a prosecution witness during the trial – What is the legal position and what is your professional position?
23 – Your client instructs you that he is quite anxious to secure bail as he wishes to murder his partner who has made false allegations of domestic violence – What is your professional position?
24 – You know one of the Magistrates’ on the bench in a personal capacity – What is your professional position? – is this something you need to discuss with your client?
25 – Your client would like one of the Magistrates’ on the bench to sit aside today as he sat on the earlier bail application and the client does not consider that he should be involved in the 2nd bail application, having been a part of the bench that refused bail on the earlier occasion – What is your advice to the client and what is your professional position?
It will be a live and interactive session conducted via ZOOM. How long will it last? Who knows? You may raise your own examples of where you encountered something tricky. There is absolutely no requirement for any attendee to have purchased ZOOM. We just send you an email with a link the day before the actual presentation and you click on the link. It could not be simpler.
IMPORTANT
PLEASE LET US KNOW THE EMAIL ADDRESS OF THE PERSON TO WHOM WE SHOULD SEND THE INVOICE IF IT IS TO SOMEONE OTHER THAN YOURSELF
Invoices will be sent after the presentation and our normal terms of business apply i.e. PAYMENT WITHIN 14 DAYS – the cost for each person attending or purchasing the recordings is £75 + VAT – if you have attended the presentation there will be no additional charge for a copy of the recordings
If a number of people within your firm would wish to attend the presentation – do get in touch and we can arrange a specific fee for a group booking.