Learning Outcomes
After studying this article, you will be able to explain the main stages of criminal trials in magistrates' court and Crown Court, identify the solicitor's duty to the court, and apply the rules on professional conduct, including how to handle conflicts between client interests and the duty to the court. You will also understand the practical implications of these duties during trial, including courtroom etiquette and ethical dilemmas.
SQE1 Syllabus
For SQE1, you are required to understand the trial process in both magistrates' court and Crown Court, and the solicitor's duty to the court. In your revision, focus on:
- The sequence of trial stages in magistrates' court and Crown Court, including submissions of no case to answer.
- The solicitor's duty to the court, including honesty, integrity, and the prohibition on misleading the court.
- Handling conflicts between duty to the client and duty to the court.
- Professional conduct rules during trial, including dealing with evidence and courtroom etiquette.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the primary duty of a solicitor to the court during a criminal trial?
- When must a solicitor withdraw from acting for a client during trial?
- What are the main differences in trial procedure between magistrates' court and Crown Court?
- How should a solicitor respond if a client instructs them to present evidence the solicitor knows is false?
Introduction
Understanding the structure of criminal trials and the ethical obligations of solicitors is essential for SQE1. Trials in magistrates' court and Crown Court follow distinct procedures, but in both, solicitors must balance their duty to the client with their overriding duty to the court. This article explains the main trial stages, the solicitor's duty to the court, and how to manage ethical issues that arise during criminal proceedings.
Trial Procedure in Magistrates' Court
Magistrates' courts deal with summary offences and many either-way offences. Trials are usually heard by a bench of three magistrates or a district judge. The process is designed to be efficient, but solicitors must ensure fairness and compliance with professional standards.
Main Stages of a Magistrates' Court Trial
- Opening Speech by Prosecution: The prosecution outlines the case and the law.
- Prosecution Evidence: Prosecution witnesses are examined, cross-examined, and may be re-examined.
- Submission of No Case to Answer: The defence may argue that the prosecution has not made out a case.
- Defence Evidence: If the case continues, the defence presents its evidence.
- Closing Speeches: Both sides may make closing submissions.
- Verdict: Magistrates retire to consider and deliver their verdict.
- Sentencing: If guilty, sentencing follows, either immediately or after reports.
Key Term: submission of no case to answer A legal argument made by the defence that the prosecution's evidence is insufficient to require an answer from the defendant. If successful, the case is dismissed.
Trial Procedure in Crown Court
Crown Court deals with indictable-only offences and more serious either-way offences. Trials are heard before a judge and jury. The process is more formal and involves additional procedural steps.
Main Stages of a Crown Court Trial
- Jury Empanelment: A jury of 12 is sworn in.
- Arraignment: The defendant enters a plea.
- Opening Speech by Prosecution: The prosecution outlines the case.
- Prosecution Evidence: Witnesses are called and examined.
- Submission of No Case to Answer: The defence may make this submission to the judge.
- Defence Case: The defence presents evidence and may call witnesses.
- Closing Speeches: Prosecution and defence make final submissions.
- Judge's Summing Up: The judge explains the law and summarizes the evidence for the jury.
- Jury Deliberation and Verdict: The jury retires to consider and deliver the verdict.
- Sentencing: If guilty, the judge sentences the defendant.
Key Term: voir dire A hearing within a trial, in the absence of the jury, to determine the admissibility of evidence.
The Solicitor's Duty to the Court
Solicitors are officers of the court and must act with honesty, integrity, and independence. This duty overrides the duty to act in the client's best interests if there is a conflict.
Key Term: duty to the court The obligation of a solicitor to act honestly, not mislead the court, and uphold the proper administration of justice, even if this conflicts with client interests.
Honesty and Integrity
Solicitors must never knowingly or recklessly mislead the court. This includes presenting only truthful evidence and making accurate submissions on the law.
Key Term: misleading the court Any act or omission by a solicitor that causes the court to be deceived, whether by false statements, concealing material facts, or presenting evidence known to be untrue.
Handling Conflicts Between Duties
If a client instructs a solicitor to present evidence the solicitor knows is false, the solicitor must refuse and, if necessary, withdraw from acting. The solicitor cannot call a witness or make submissions they know to be untrue.
Key Term: conflict of interest A situation where a solicitor's duty to the court conflicts with their duty to the client, or where duties to multiple clients are incompatible.
Key Term: withdrawal from acting The process by which a solicitor ceases to represent a client, usually because continuing would breach professional obligations.
Confidentiality and Disclosure
Solicitors owe a duty of confidentiality to clients, but this does not permit them to mislead the court. If withdrawal is necessary, the solicitor must not disclose the reason to the court, simply stating they are withdrawing for "professional reasons."
Courtroom Conduct and Etiquette
Solicitors must observe proper courtroom etiquette, including correct forms of address ("Your Worships" for magistrates, "Your Honour" for Crown Court judges), standing when addressing the court, and maintaining respectful behaviour at all times.
Ethical Dilemmas in Practice
Solicitors often face situations where the client's instructions conflict with their duty to the court. The following examples illustrate how these should be handled.
Worked Example 1.1
A client admits guilt to their solicitor but insists on pleading not guilty and instructs the solicitor to present a false alibi.
Answer: The solicitor must not present evidence they know is false. They should advise the client of the consequences and, if the client insists, withdraw from acting. The solicitor may still put the prosecution to proof but cannot mislead the court.
Worked Example 1.2
During trial, a client hands the solicitor a document that directly implicates them in the offence and asks the solicitor to destroy it.
Answer: The solicitor must not destroy or conceal evidence. They must retain the document and may be required to disclose its existence to the court if ordered. Destroying evidence would be a serious breach of professional conduct.
Exam Warning
If a solicitor knowingly misleads the court or assists in presenting false evidence, they may be found in contempt of court or face disciplinary action.
Revision Tip
Always remember: the solicitor's duty to the court overrides the duty to the client if there is a conflict. Never assist a client in misleading the court.
Summary
| Court | Main Trial Stages | Solicitor's Duty to Court |
|---|---|---|
| Magistrates' | Opening, prosecution evidence, defence case, closing, verdict, sentencing | Honesty, integrity, no misleading court |
| Crown Court | Jury empanelment, opening, evidence, closing, summing up, verdict, sentencing | Same as above; additional formality |
Key Point Checklist
This article has covered the following key knowledge points:
- The main trial stages in magistrates' court and Crown Court.
- The solicitor's overriding duty to the court: honesty, integrity, and prohibition on misleading the court.
- How to handle conflicts between duty to the client and duty to the court.
- The rules on withdrawal from acting if a client insists on misleading the court.
- Proper courtroom conduct and etiquette for solicitors.
Key Terms and Concepts
- submission of no case to answer
- voir dire
- duty to the court
- misleading the court
- conflict of interest
- withdrawal from acting
