DO ALL LAWYERS STILL PUT THEIR CLIENTS` INTERESTS FIRST?

 11. Apr. 2010. – 12:56:09 

On November 21st 2009 I discussed either way offences. This category of offences is triable in either a Magistrates` Court or by a jury in Crown Court. England and Wales is unique in having this choice for defendants. Other English speaking jurisdictions including Scotland, Ireland, USA, and the Commonwealth do not offer this to defendants. 

During Magistrates` Courts procedures prior to the trial of a defendant on an either way charge who has pleaded not guilty the Bench will be asked whether or not it accepts jurisdiction or whether it considers the matter and the likely disposal if there is a guilty verdict to be such that it should be tried before a judge and jury. That decision is made without the Bench having knowledge if the defendant has any previous convictions or is of previous good character. If the Bench declines jurisdiction arrangements are made to send the matter to the Crown Court. If, however, the bench accepts jurisdiction the defendant then has the right to accept a summary trial or to opt for a trial at Crown Court. Many defendants with or without their lawyer`s opinion consider their chances of acquittal are better at Crown Court although statistically this is not a well founded opinion. The consequences of course of a guilty verdict at the Crown Court are sentences not limited to the six months in prison which is the maximum available at Magistrates` Courts. So electing Crown Court can be a high risk strategy. For lawyers state funded fees are higher for Crown Court appearances.

In all walks of society some people do their jobs better than others; that`s a fact of life. A couple of months ago a young woman appeared on a charge of theft; an either way offence. She pleaded not guilty and after hearing the facts of the case from the CPS lawyer we decided to accept jurisdiction. Her lawyer who was appearing to receive procedural advice from the prosecutor after consultation with his client indicated a wish to appear at Crown Court for a jury trial. All quite simple. Then came the question of bail and whether or not the defendant would be remanded on bail with or without conditions or be remanded in custody until her next court appearance. At this stage the Bench has access to a defendant`s previous record if there is one and boy oh boy did this defendant have a record of previous robberies and thefts and other similar matters some committed on bail. She was remanded in custody.

The point of all this is to wonder why this woman`s counsel advised her to go to Crown Court and have her case tried by a jury. It is not for me to pre-suppose the result but, and it`s a big but, if she is found guilty she is going to go away for at least eighteen months if not longer whereas if she had remained with the Magistrates` Court the maximum would be six months. 

In these stringent times when the public purse strings are being drawn ever tighter for lawyers and legal aid fees did a higher fee rate at Crown Court have any influence over the lawyer`s advice? Ten years ago I wouldn`t have thought of asking the question.