Sentencing where the prosecution wrongly states the client has no previous convictions

Paragraph 1.4 of the Code prohibits a solicitor from misleading the court, whether by her own acts or by being complicit in her client's. Paragraph 6.3 requires her to keep her client's affairs confidential unless disclosure is required or permitted by law or the client consents. Telling the magistrates that Kyle is of good character, when she knows he has two similar convictions, would be a deliberate falsehood, so she must refuse. Her duty of confidentiality also means she must not reveal the convictions without his consent. She should advise Kyle of her position and explain the risk of the record later coming to light. She may still mitigate on matters that are true, such as the guilty plea, remorse or personal circumstances, without referring to his character. If Kyle insists that she present him as of good character, she cannot continue and must cease to act. She must not tell the court why she is withdrawing.

Why A is wrong: The information is confidential (para 6.3) and she may not disclose it without consent; her duty is not to mislead, not to inform against her client.

Why B is wrong: Positively asserting good character that she knows to be false would mislead the court, whoever made the original error.

Why C is wrong: Any assertion of good character she knows to be untrue misleads the court, however it is phrased.

Why E is wrong: If she withdraws she must not reveal the confidential reason; and she need not withdraw if she can mitigate without misleading the court.