Criminal Law Case Study: Solicitor's Advice, Justice, and Legislation

This case study delves into the complexities of criminal law, focusing on the crucial role of solicitors in advising clients, particularly in cases of potential miscarriages of justice. It highlights the importance of the Serious Organized Crime and Police Act 2005 in protecting innocent individuals and the powers of arrest without warrant. The study also examines the function of the Criminal Cases Review Commission (CCRC) in investigating and rectifying miscarriages of justice, emphasizing the regulations surrounding compensation for victims of wrongful conviction. The study underscores the need for solicitors to possess comprehensive knowledge of these regulations to effectively guide their clients through the legal process.

Running head: CRIMINAL LAW
Criminal Law
Name of the Student
Name of the University
Author Note

1CRIMINAL LAW
Answer 1:
In recent era it can be observed that due to lack of supporting evidences, innocent men
are sent to prison. Therefore, it is important on the part of the solicitors to provide adequate
solution to their clients during their arrest in order to protect their interests. In this regard, the
provisions of Serious Organized Crime and Police Act 2005 play a major role in protecting the
interests of the innocent persons (Goldhill 2018). The solicitor must possess adequate knowledge
regarding the nature of the crime and apply the provisions of Section 110 of the Serious
Organized Crime and Police Act 2005 accordingly.
Answer 2:
The provisions of Section 110 of the Serious Organized Crime and Police Act 2005, deals
with arrest without warrant on the part of the constables and other persons (Legislation.gov.uk
2018). Therefore, if it comes to the knowledge of the constable that that an individual has
committed a serious crime, or is involved the act of committing a serious crime may arrest such
offender without warrant. However, the constable is at the authority to arrest the person if he is
guilty of crime. If such person is arrested on the basis of suspect, then he should be released
when proved innocent otherwise it shall result into miscarriage of justice. In this regard, it is the
duty of the solicitors to provide appropriate guide to their clients.
Answer 3:
The Criminal Cases Review Commission plays an active role in determining the
miscarriages of justice that is in existence in modern prisons (Ccrc.gov.uk, 2018). The
Commission from the very beginning played significant role in investigating the suspect of
miscarriages of justice. Therefore, it is important that solicitors should collaborate with such

2CRIMINAL LAW
existing Commission for the purpose of providing justice to their clients on being arrested on the
basis of miscarriage of justice. Nowadays, criminals who have committed serious crimes in the
past have undergone a new change. Their personality has shaped in a new way and has been
maintaining innocence. In spite of all these, they were not released on probation and parole.
Answer 4:
It is worth noting that the Criminal Cases Review Commission has been supporting the
victims suffering from miscarriage of justice. In this regard, the Criminal Cases Review
Commission issued certain regulations for the purpose of protecting the rights of the convicts
(Gov.uk 2018). According to the regulations of the Criminal Cases Review Commission, the
victim is at the authority to apply for compensation. Upon the application of compensation, the
conviction may be quashed by the courts by depending upon certain conditions. If the appeal of
the victim was successful within 21 or 28 days of the conviction in the Court of Magistrate, then
the victim can apply for compensation. If the conviction of the victim is quashed after its
reference to the Court of Appeal by the Criminal Cases Review Commission, then the victim can
claim compensation. Therefore, solicitors should possess appropriate knowledge regarding such
regulations and advise their clients accordingly.

3CRIMINAL LAW
References:
Ccrc.gov.uk. (2018). Criminal Cases Review Commission. [online] Available at:
https://ccrc.gov.uk/ [Accessed 12 Apr. 2018].
Goldhill, O. (2018). When innocent men go to jail: miscarriages of justice in Britain. [online]
Telegraph.co.uk. Available at:
https://www.telegraph.co.uk/news/uknews/law-and-order/11075284/When-innocent-men-go-to-
jail-miscarriages-of-justice-in-Britain.html [Accessed 12 Apr. 2018].
Gov.uk. (2018). Miscarriage of justice: claim compensation - GOV.UK. [online] Available at:
https://www.gov.uk/claim-compensation-for-miscarriage-of-justice [Accessed 12 Apr. 2018].
Legislation.gov.uk. (2018). Serious Organised Crime and Police Act 2005. [online] Available at:
https://www.legislation.gov.uk/ukpga/2005/15/part/3/crossheading/powers-of-arrest [Accessed
12 Apr. 2018].