Conferencing:

Extract 1 : Introduction & The skills
Extract 2 : The brief & Preparation of the case
Extract 3 : Conference plan & Transcript
Extract 4 : Analysis

Conference Plan

" Preliminaries - Welcome - make feel at ease
Introduction
Check Mr. Vrice understands the Role of a Barrister
State that it is imperative that Mr. Vrice answers all your
Questions in order to help you help him

" Explain the purpose of the conference

(a) To advise the client on the merits of the prosecution case and evaluate the likely outcome;
(b) Inform the client that you need to ask some further questions before being able to advise.
(c) Tell the client that you cannot advise until you have this further evaluation of the facts
(d) Explain the reasons for your advice.
(e) Advice on plea and any likely sentence
(f) Ask the client if there are any further instructions he would like to give

" Areas of questioning

Personal Circumstances
The offence charged
Evidence and its relevance
The previous convictions

" Explanation of merits of the case.

Offer a full evaluation of the strengths and weaknesses of the case
Identify the relevant reasons for the conclusions reached
Explain the law and the procedure that is involved in the case
Evaluate the prosecution case and the likely outcome
Check that the client understands all the advice given.

" Advise

Give advise on the plea, the sentence if pleads not guilty, and the sentence if pleads guilty and any other relevant consequences.

" Take Instructions

Emphasise that the final choice remains with Mr. Vrice
Check that he understands the advice given
Give him time to consider the advice

" Conclusion

Check any further worries or questions. Restate if there are any problems or extra evidence that comes to light that they can contact you via the solicitor prior the Court appearance.

Transcript

Barrister: Good morning Mr Vrice, please come in.

Mr Vrice: Thank you

Barrister: Let me take your coat for you. Please take a seat.

Mr Vrice: Yes thanks.

Barrister: My name is Mr Andrew Castle

Mr Vrice: Hello Mr Castle

Barrister: Would you like a hot or cold drink before we begin?

Mr Vrice: No thank you I'm fine.

Barrister: Right then lets proceed.

Mr Vrice: Am I going to go down for this Mr Castle?

Barrister: Well Mr Vrice, the purpose of this conference is for me to assess the strengths of the case against you and then for me to give you advice accordingly.

Mr Vrice: Can't you just tell me now. I have the kids at home being looked after by a babysitter. It's costing me a fortune.

Barrister: I can't keep you against your will Mr Vrice. However I must stress that is vital that you stay to allow me to gather the further evidence that I need to enable me to make an evaluation of your case. Without this process being undertaken there is no doubt that we will be ill prepared to handle your case. This process is vital to allow me to advise on a plea. I will bear it in mind that your children are being looked after and try and be as quick as possible. However please be aware that I will not rush the process at the expense of omitting vital questions. I think we should be around half an hour.

Mr Vrice: Okay that's not so bad then.

Barrister: Firstly are you familiar with my role in the case?

Mr Vrice: Yeah

Barrister: Good. Firstly, I am on your side in this matter. To allow me to help you as well as I can, do please try and answer all my questions as clearly and as fully as possible. Please let me know if you don't understand anything that I say. It is my job to explain details of the case and any of the relevant law that you don't understand. There is no embarrassment in this; even the professionals have difficulties at times. (Smiles)

Mr Vrice: Yes (smiles) I understand. I shall do my best to answer everything that you ask.

Barrister: Wonderful. Okay. I know that you have given this information already but I would like to check the information I have. Are you married with children?

Mr Vrice: Yes. I have been married for 15 years to my wife Angela. I have four children, Brad 17, Kim 11, Michelle 9, and Mark 4 who was with me at the store.

Barrister: I see. I was under the impression you had three children, cam you shed any light on that misunderstanding?

Mr Vrice: Well 3 of the kids were with Angela. Brad was from my first marriage but my wife passed away, he still lives with us now.

Barrister: I see. I'm sorry to hear about that bad news Mr Vrice. Are you employed currently?

Mr Vrice: No I am not, but I'm looking for a job.

Barrister: Would you say that money is tight at the moment?

Mr Vrice: Isn't that private?

Barrister: Yes it is. However the defence are going to ask you these questions so I would like to be prepared for them now so I can help you Mr Vrice. If you don't want to tell me that is up to you, but I strongly recommend that you do.

Mr Vrice: Well okay then. Yes money is a bit tight at the moment, but that doesn't mean I would steal. I have been in trouble with the police before for it and I have learnt my lesson.

Barrister: I see. Do you have enough money to get by day to day?

Mr Vrice: Yes we have some savings so it's not that bad, but things have been better.

Barrister: Right thank you Mr Vrice. Had you been drinking at all on that day?

Mr Vrice: No.

Barrister: Right I see. Do you understand the charge against you?

Mr Vrice: Yeah they say I nicked a watch.

Barrister: Yes, there is a charge of Theft under section 4 of the Theft Act 1968 against you. The prosecution must prove that there was property belonging to another that was appropriated and that it was taken dishonestly with an intention to permanently deprive. And they must do so beyond a reasonable doubt.

Mr Vrice: What is appropriated? Is that a legal term? Last time I was charged it was never explained to me properly.

Barrister: Yes it is a term that is used commonly in the law. It simply means taking possession of something. (Interrupted)

Mr Vrice: I didn't take it though, well I didn't mean too. (Interrupted)

Barrister: Sorry to interrupt Mr Vrice. I am mindful that you are in a rush so I want to deal with everything in turn. That way you can get back to your children as quickly as possible. We will come to your recollection of events soon. Right now I want to know if you understand the charge against you. Do you understand the charge, or would you like me to explain it fully?

Mr Vrice: No I remember most of it from before.

Barrister: The prosecution must prove the case beyond reasonable doubt. The central question will rest on dishonesty. The jury will be directed to ask themselves if you were dishonest according to the ordinary standards of reasonable and honest people. It has to prove that you carried out the offence. It is not our job to prove that you didn't do it, what we often refer to as the presumption of innocence. The case will be in front of a jury as it is at a Crown Court. The jury will decide whether or not they think you are guilty of the offence. There will be 12 members and 11 must agree. Do you understand all of this?

Mr Vrice: Yeah I had most of that explained to me last time.

Barrister: Good. In order for me to form a fuller picture of the events on December the 21st at the AGEM stores on Red City High Street, I am going to have to ask you a few questions. Some of them that I ask you may go over information that you have already given. I have tried to keep my questions as relevant as possible, but please bear in mind that some overlap is inevitable. Some of the questions are those that the Prosecution is going to ask you so I need to be prepared as to your answers. Firstly I would like to know, had you bought the Christmas presents for your family when the incident happened?

Mr Vrice: No, not yet. I wasn't looking at the watches for them though I was just trying them on. I was thinking that maybe next year I could afford one.

Barrister: Right. I see. The Prosecution will ask you why you tried so many watches on. Can you explain this Mr. Vrice?

Mr Vrice: Are you accusing me? I didn't do it! Whose side are you on?

Barrister: Please Mr Vrice. Try and understand that I am your side I just need to ascertain the facts as fully as possible to allow me to advise you on this matter.

Mr Vrice: Sorry Mr Castle. It is just the stress of all this

Barrister: That's fine Mr Vrice. That is understandable. Please tell me about the trying on of the watches.

Mr Vrice: I suppose it was a way of dreaming. You know. I tried a few on at a time. To compare them like. That's why I asked the person in the store to lay them all out next to each other. That's why I forgot I had one on I think. The panic that Mark had gone missing again took over me I reckon.

Barrister: You say that you asked her to lay them all out?

Mr Vrice: Yeah to compare them all like.

Barrister: How many were left out at the most Mr Vrice?

Mr Vrice: 8 - 9, it's difficult to remember exactly.

Barrister: And whilst these were laid out what was the person serving you doing?

Mr Vrice: She was getting the watches for me from behind her.

Barrister: Behind her?

Mr Vrice: Yeah ya know I was pointing the watches out and then she was turning around and getting them for me.

Barrister: In the meantime the Store Detective says that she saw you looking about. Where you looking about?

Mr Vrice: Yeah I was trying to find Mark. I realised that he had gone missing so I was looking about to see where he was. I know it is a bit irresponsible not to go after him straight away but I was having so much fun trying on the watches that I didn't want to leave.

Barrister: What happened next?

Mr Vrice: Well I then thought Oh God I've lost Mark and without thinking I dashed to the Sports department.

Barrister: Where is the Sports department?

Mr Vrice: It is at the back of the store, right at the back.

Barrister: Is it near any exit or other entrance?

Mr Vrice: Not that I know of no.

Barrister: Why did you go over to the Sports department?

Mr Vrice: It's Mark he's sports mad. He's always going on about Man Utd saying he wants a shirt. It's terrible. He just wanders off sometimes! I thought...

Barrister: And you thought he might be there?

Mr Vrice: Err... Yeah that's right.

Barrister: Do you remember that a member of staff approached you?

Mr Vrice: No

Barrister: Cast your mind back. Think very carefully.

Mr Vrice: Oh yeah that's right. He asked me what I was doing or something like that I can't remember exactly.

Barrister: Please try and remember his exact words.

Mr Vrice: Mmmm….Oh yeah that's right he asked me if I had lost something or someone as it looked like I was looking for something. I just said no.

Barrister: Why did you say no?

Mr Vrice: I didn't want to waste time. After I found that he wasn't there I was worried that Mark had left the store and was out on the high street by the road. Knowing it was more dangerous out there than in here I went to the exit.

Barrister: What happened next?

Mr Vrice: Well I got more and more worried. I turned around on my way out to look around one last time. Outside I thought I saw him. I then got out on to the street and started to run towards the kid that I thought was him. A security guard tried to stop me.


Barrister: When you said tried, what do you mean exactly?

Mr Vrice: Well I thought she was trying to stop me. I get it quite a bit. All I was worried about was getting my kid. I got to the kid and then the guard and this other bloke jumped on me to stop me going anywhere. The guard asked me to pull up my sleeves and there was the watch. I had completely forgotten about it.

Barrister: Forgotten about it form what point?

Mr Vrice: From when I was trying on the watches. (Hurriedly)

Barrister: Okay Mr Vrice slow down for a moment this is very important. So you forgot about the watch from the moment that you were trying the watches on?

Mr Vrice: Yeah. I know it was so stupid of me. I was just worried about my kid. If I wanted to steal watches I could have got loads they were all on the counter. I could have grabbed them and then run.

Barrister: Had you seen either of the two people that stopped you outside before?

Mr Vrice: No. Oh yes the guy he was the one that asked me the question in the Sports Department. As for the woman, the guard, I had not seen her before at all.

Barrister: Are you absolutely sure of that?

Mr Vrice: Yes certain.

Barrister: Okay. When you were taken to the room in the store and the police came to see you, you made a confession. Can you take me through this please?

Mt Vrice: Well this copper came in and I though crap, sorry, I thought dam, this is going to end in trouble. I though if I get taken to the station and Mark is left at the store my wife would kill me. So I though if I admitted it then if that's what they want to hear then I can be get let go and then I can keep with Mark.

Barrister: I see so you were worried about Mark?

Mr Vrice: Yeah that's right.

Barrister: What happened at the police station?

Mr Vrice: Same old stuff. They kept going on, I said just let me go and I will admit to it. I didn't do it though I just wanted to see my kid. When they told me that they were charging me I was like, "whatever thinks what you like."

Barrister: Right that completes my questions on the events Mr Vrice. Before I move on is there is anything that you would like to add to your version of events?

Mr Vrice: Just that everything that I have said is true.

Barrister: I have no doubt of that whatsoever Mr Vrice. I would now just like to check with you your pervious convictions. (Hands him the proof of evidence). Are these correct?

Mr Vrice: Yes they are.

Barrister: Had you been drinking when these offences occurred?

Mr Vrice: Yes, both of them.

Barrister: I must inform you that in the current light of events the first conviction is no going to help your case one bit Mr Vrice.

Mr Vrice: Can't we cover it up?

Barrister: I'm afraid not Mr Vrice. Whilst I am under no duty to disclose it to the Court we can not pretend that it didn't happen. If the court asks me if you have previous convictions of the Prosecution raises them then I'm afraid that I have to admit of my knowledge of them. In addition the fact that you are on a conditional discharge also means that the Court may sentence you for both of the charges, this one and the assault, if you are found guilty.

Mr Vrice: Yeah I know. It doesn't look good for me does it?

Barrister: Well, Mr Vrice I think with what you have told me today your defence against the case of the Prosecution is quite strong. There are numerous pieces of cogent evidence to show that you were honestly mistaken as to the fact that the watch was on your wrist. The looking about and running have explained by yourself as being due to the loss of your son, who was indeed found in the store. However the fact that you were asked to stop and didn't and had to be forcefully stopped will count against you in no uncertain terms. Whilst the confession that you made to committing the offence will not help your case either, in my opinion the reason that you have given may be empathised with by the jury. The comparison with the first offence that you were charged with will also certainly count against you. However one fact that will count in your favour is that you were not drinking this time, unlike on the two previous occasions that you had been in trouble with the police. I would think that the chance of raising a successful defence to this charge are very good. Yet having said that I must inform you that there is always a chance that you would be held guilty for the offence. Often a case will turn on whose side of the story the jury will believe. Should you be found guilty then you are likely to receive a custodial sentence of between 6 and 12 months, if you plead not guilty and are found to not guilty, and 3- 6 months should you plead guilty. Do you understand this?

Mr Vrice: Yes

Barrister: Under the circumstances I would advise entering a plea of not guilty. This is only my advice and you are entitled to make your own plea. I should advise you that if you are not guilty then you shouldn't make a plea of guilty under any circumstances, again however the choice is yours. You can have some time to think about it and let me know via your solicitors.

Mr Vrice: No, I have made up my mind I will plead not guilty.

Barrister: Okay Mr Vrice. Is there anything else that you would like to tell me?

Mr Vrice: No that is all. Thanks very much for everything.

Barrister: No problem Mr Vrice. If you would like to inform me of anything please get in touch with instructing solicitors who will pass on the information to me. I will see you again before the trial. (gets up)

Mr Vrice: Thank you.

Barrister: Good afternoon Mr Vrice. (Shakes hand)

Extract 1 : Introduction & The skills
Extract 2 : The brief & Preparation of the case
Extract 3 : Conference plan & Transcript
Extract 4 : Analysis

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