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BPTC Ethics - CD1: Duty to the Court in the Administration of Justice, Exams of Nursing

Concordia University Irvine (CUI)Nursing

A comprehensive overview of the ethical obligations of barristers in the uk, specifically focusing on cd1, the duty to the court. It explores the key requirements of cd1, including the duty to act independently, the duty not to mislead the court, and the duty not to abuse the position as an advocate. The document also examines the relationship between cd1 and other ethical codes, such as cd6 (client confidentiality), and provides practical scenarios and examples to illustrate the application of these principles.

Typology: Exams

2024/2025

Available from 02/21/2025

catewilliams-smith
catewilliams-smith 🇺🇸

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BPTC Ethics- CD1 You must observe your Duty
To The Court in the administration of justice.
with 100% Verified solutions| Rated A+
What is CD1 and how does it relate to other CDs? - ✔✔I owe a duty to the court to act independently in
the interests of justice. This duty overrides any inconsistent obligations you may have other than
obligations under criminal alw.
What 5 requirements does CD1 impose on you as a barrister? I must... - ✔✔1. I must not knowingly or
recklessly mislead the court
2. I must not abuse my role as an advocate
3. I must take reasonable steps to avoid wasting the court's time
4. I must take reasonable steps to ensure that the court heads before it all relevant cases and legislation
(this includes putting before the court any authorities which are adverse to my client's position)
5. I must ensure that my ability to act independently is not compromised
What does 'recklessly misleading' the court include? - ✔✔Being indifferent to the truth, not caring to
find out if something is true or false
What does knowingly misleading include? - ✔✔-knowingly misleading the court includes BEING
COMPLICIT in another person misleading the court;
-knowingly misleading the court also includes INADVERTENTLY misleading the court, if you later realise
that you have misled the court and you fail to correct that position;
-The duty continues to apply for he duration of the case
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Download BPTC Ethics - CD1: Duty to the Court in the Administration of Justice and more Exams Nursing in PDF only on Docsity!

BPTC Ethics- CD1 You must observe your Duty

To The Court in the administration of justice.

with 100% Verified solutions| Rated A+

What is CD1 and how does it relate to other CDs? - ✔✔I owe a duty to the court to act independently in the interests of justice. This duty overrides any inconsistent obligations you may have other than obligations under criminal alw. What 5 requirements does CD1 impose on you as a barrister? I must... - ✔✔1. I must not knowingly or recklessly mislead the court

  1. I must not abuse my role as an advocate
  2. I must take reasonable steps to avoid wasting the court's time
  3. I must take reasonable steps to ensure that the court heads before it all relevant cases and legislation (this includes putting before the court any authorities which are adverse to my client's position)
  4. I must ensure that my ability to act independently is not compromised What does 'recklessly misleading' the court include? - ✔✔Being indifferent to the truth, not caring to find out if something is true or false What does knowingly misleading include? - ✔✔-knowingly misleading the court includes BEING COMPLICIT in another person misleading the court;
  • knowingly misleading the court also includes INADVERTENTLY misleading the court, if you later realise that you have misled the court and you fail to correct that position;
  • The duty continues to apply for he duration of the case

How is my duty to the court affected when I don't personally believe what my client is telling me? - ✔✔Your duty to the court does not prevent you from putting your client's case simply because you do not believe the facts as your client states them to be. So long as the positive case you put before the court accords with your client's instructions and does not knowingly or recklessly mislead the tribunals, you are fine. If you believe it is acting in the best interests of your client to tell them in conference that a court is unlikely to accept their version of facts, them you are free to do so. However, if they continue to insist that their account of events is correct and should be presented, then these are your instructions/ What is the relation between your respective duties to client and court? - ✔✔Your duty to act in the best interests of your client is subject to your duty to the court to act independently in the interests of justice. Probing the CD1 v CD6 relationship further. What happens with regard to client confidentiality? 4 steps... - ✔✔Your duty to the court does NOT require you to act in breach of your duty to keep the affairs of each client confidential. If there is a RISK that the court will be MISLED UNLESS you disclose a piece of confidential information learnt during the course of your instructions (or a document that should have been disclosed but was not), then you should:

  1. ask permission from your client to disclose the confidential material
  2. explain to the client in conference that you would have to withdraw and return instructions if he refused to to disclose a piece of information that would mislead the court
  3. if he refuses, you cease to act and return the instructions
  4. in these circumstances you do not disclose the information to the court
  • you cannot put forward good character evidence
  • you are limited in what you can say in mitigation REAL TIME SCENARIO: If court asks you, "does your squire have previous convictions," you would have to say: "I cannot answer that question" and request to th judge to be able to speak to your client in conference. In which two situations does CD1 and CD6 ( client confidentiality) create risk of withdrawal scenario? - ✔✔1. Where there is a risk of knowingly or recklessly misleading the court
  1. Where mandatory sentences are at play Your duty to the Court does not require you to act in breach of your duty to keep C's affairs confidential. However, there is a risk that you might have to withdraw unless tour client permits you to disclose confidential information trailing which there a risk the court would be misled What happens in case of mandatory sentence? - ✔✔(Example is a 3rd domestic burglary) Previous sentences need to be disclosed where a conviction will produce a mandatory sentence, otherwise there is a risk that the sentence the court will put down will be illegal. In these cases you must explain to C that the info needs to be disclosed to it. If he refuses to disclose, you must.
  2. Cease to act
  3. But you do not disclose the confidential info to the court without client's consent

Undertakings - ✔✔You must comply with any UNDERTAKING you give to the court in the courts of conducting litigation within any agreed timescale or within a reasonable period of time. What does duty not to mislead include? YOU MUST NOT (but what can you do) - ✔✔1. You must not make submissions/representations or any other statement which suggest facts to the W which you know are untrue/misleading.

  1. You must not call a witness to give evidence or put affidavits which you know or are instructed is untrue However, where you call a hostile W whose evidence you are instructed are untrue, you will not be in breach if you suggest that they are saying is untrue. What does your CD1 duty not to abuse your position as an advocate include? - ✔✔- not making statements/asking questions of fact merely to annoy humiliate or insult the W or any other persons
  • not making a serious allegation against a W without first having put the allegation to them during XE
  • not making a serious allegation that any person is guilty of the crime with which your C is charged, unless: a. You have reasonable ground; and B. The allegation is relevant yo your client's case and W's credibility and (Where the allegation relates to a third party, you avoid naming them in open court unless absolutely necessary)
  • putting forward to the court a personal. Opinion of the facts or the law unless you are noted or required to do so by the court or by law.