Untitled
13 March 2023 12:58
Attorney general references
- What type of sentence can the attorney general refer to the court of appeal for review
- Is leave required when sentence is referred
- What must have happened at trial before the a - g can refer a point of law to the court of
appeal?
Criminal cases review commission
- Can the ccrc refer a conviction, sentence or both?
○ Yes
- What test must the CCRC apply before referring a matter
○ There must be a real possibility that the CA or CC will quash the original conviction or
sentence.
- What circumstances usually form the basis for a referral
Appeal to the supreme court
- Who may appeal to the supreme court
○ Both prosecution and defence may appeal a decision
- Against the decision of which lower court
○ Court of appeal
- What 2 conditions must be satisfied before an appeal can be made at the supreme court
○ the appeal involves a point of law of general public importance which should be
considered by SC
○ CA must certify that the appeal involves a question concerning a point of law of general
public importance
Allocation of business
- In order to determine an appeal against conviction, how many judges are required
○ Minimum 3 max 7
- Does the number differ for an appeal against sentence
○ Yes, this will be 5 - 7 instead of 3
Common grounds of appeal
- Give examples of the more common grounds of conviction and sentence
○ Manifestly excessive
○ Inconsistent verdicts
○ Conduct of trial judge
○ Errors of summing up
○ Wrongful withdrawal of issues
○ Comment on accused character
Extension of time
- What is the time limit for lodging grounds of appeal and from when does time run
○ 28 days from sentencing
- At what point in proceedings can an application be made for an extension of time for leave to
appeal
○ After sentencing or conviction
Crim Lit Page 1
,Preliminaries to prosecution
06 April 2023 00:16
a) The codes of pratice under PACE
a. Breaches of the CODE by the police officer do not render the evidence inadmissible per
se, however this may provide a basis to exclude evidence
b) The provisions of Code C.10 and C.11
a. Interviews
i. The questioning of a person regarding their involvement or suspected involvement
in a criminal offence which must be carried out under caution
ii. Caution is not necessary if questions are for other purposes
iii. A person whom there are grounds to suspect of an offence must be cautioned if
the answers provide grounds for suspicion
c) Where an interview may be conducted
a. Interviews can only be conducted in police stations or other authorised places of
detention
b. This is subject to exceptions a delay to an interview may
i. Lead to interference with or harm evidence, cause harm to a person, or may cause
loss of or damage to property
ii. Lead to the alerting of other persons suspected of committing an offence but not
yet be arrested for it
iii. Hinder the recovery of property obtained in consequence of the commission of
the offence
c. Caution must be administered at the commencement of an interview
d) Cautions and special warnings
a. Cautiosn must be administered at the commencement of an interview
Crim Lit Page 2
,Procedure in the mags court, allocation for trial, sending to
the Crown Court for trial or sentence
07 April 2023 17:00
1) Rules relating to the provision of initial details of the prosecution case
a. Disclosure of Initial Details of Prosecution Case
i. Rule 8.2
1) The prosecutor must, as soon as practicable, provide to the court 'initial
details' of the prosecution case.
2) If the accused requests the initial details, the prosecutor must serve them as
soon as practicable.
3) If the accused does not request those details, the prosecutor must make
them available to the accused at, or before the beginning of the day of the
first hearing.
b. Failure to comply
i. There is no specific sanction if the prosecution fails to supply the required initial
details
ii. However, this would be open to the magistrates court to make a direction
requiring the prosecution to comply
iii. If the prosecution still fails to comply with that direction given by the court, the
court may adjourn the hearing
iv. If the prosecutor wants to introduce information contained in a document listed in
r 8.3 but has not served that document on the accused or made that information
available
1) The prosecutor will not be permitted to 'introduce that information unless
the court first allows the defendant sufficient time to consider it'
v. However, the court cannot dismiss charges brought by the prosecution just
because of non-compliance with a request for initial details of the prosecution
case.
2) Preliminary hearings and entering a plea in the magistrates court, including equivocal pleas
a. Pre-trial hearings by television link
i. CJA 2003, s51: the court may require or permit a person to take part in eligible
criminal proceedings through a live audio link or a live video link.
ii. The court may not give a direction under s51 unless having considered:
1) It is in the interests of justice
2) The parties to the proceedings have been given the opportunities to make
representations
3) The court has considered the views of that person
4) The suitability of the facilities at the place where that person would take
part in the proceedings
5) Whether the person would be able the take part in the proceedings
effectively
6) Where the person is a witness, the importance of his/her evidence to the
proceedings
7) Whether the direction might tend to inhibit any part to the proceedings
from effectively testing the witness' evidence
8) The arrangements for members of the public to see or hear the proceedings
as conducted in accordance with the direction
b. Proceeding to sentence
i. Where accused attends a preliminary hearing over a live link, and the court
proposes to proceed immediately to sentencing, the accused may continue to
attend through the live link provided that the court is satisfied that it is not
contrary to the interests of justice for this to take place.
Crim Lit Page 3
, contrary to the interests of justice for this to take place.
3) Factors that defendant should be aware of in deciding whether to elect CC trial
a. D6.18
i. The summary trial may be vetoed either by the court or by the accused, but not by
the prosecution
ii. The most the prosecution can do is to make representations that trial on
indictment would be more appropriate having regard to the gravity of the offence,
iii. However, some cases must be taken to the CC without delay:
1) Cases involving fraud of such seriousness or complexity
2) Offences which involves assault on, or injury or a threat of injury to
3) A person is charged with certain other specified offences and a child will be
called as a witness at the trial
4) For the purpose of avoiding any prejudice to the welfare of the child
b. The defence statement
i. A written statement setting out the basis on which the case will be defended.
ii. Once the case is sent to the CC and the prosecution case is served, the accused
must give a defence statement to the court and the prosecutor.
iii. Must include:
1) Nature of the accused's defence, including any particular defences upon
which the accused intends to rely
2) The matters of fact on which the accused takes issue with the prosecution,
with reasons why
3) Particulars of the matter of fact on which the accused intends to rely for the
purposes of the defence
4) Any points of law which the accused wishes to take, with any authorities
relied upon.
iv. This must be served within 14 days of the date on which the Prosecution comply
or purport to comply with their initial duty of disclosure in the mags
v. In the cc, its 28 days
c. Criminal procedure and investigations act 1996, s6
i. The accused may give a defence statement to the prosecutor and if he does so,
must also give a statement to the court
d. Duty to give reasons
i. If the court convicts the accused, must give sufficient reasons to explain its
decision
ii. If a party wishes to obtain more detailed reasons, a request can be made to the
magistrates to state a case.
iii. If the court acquits the accused, it may (but is not required to) give an explanation
of its decision
4) Plea before venue and allocation, including the special rules for criminal damage and low value
shoplifting cases
a. Determination of mode of trial/allocation
i. Either way offences
1) Stage 1: obtain an indication of plea from the defendant
Plead guilty D is regarded as having pleaded guilty, the court then
proceeds to the sentencing stage. If court determines that
they don’t have enough power, then they will commit to
CC.
Pleads not The court proceeds to determine allocation (mode of trial)
guilty / no
indication
2) Stage 2: Mode of trial
a) Only if the defendant pleads not guilty / no indication
i) The prosecution will make representations on whether the case
Crim Lit Page 4
13 March 2023 12:58
Attorney general references
- What type of sentence can the attorney general refer to the court of appeal for review
- Is leave required when sentence is referred
- What must have happened at trial before the a - g can refer a point of law to the court of
appeal?
Criminal cases review commission
- Can the ccrc refer a conviction, sentence or both?
○ Yes
- What test must the CCRC apply before referring a matter
○ There must be a real possibility that the CA or CC will quash the original conviction or
sentence.
- What circumstances usually form the basis for a referral
Appeal to the supreme court
- Who may appeal to the supreme court
○ Both prosecution and defence may appeal a decision
- Against the decision of which lower court
○ Court of appeal
- What 2 conditions must be satisfied before an appeal can be made at the supreme court
○ the appeal involves a point of law of general public importance which should be
considered by SC
○ CA must certify that the appeal involves a question concerning a point of law of general
public importance
Allocation of business
- In order to determine an appeal against conviction, how many judges are required
○ Minimum 3 max 7
- Does the number differ for an appeal against sentence
○ Yes, this will be 5 - 7 instead of 3
Common grounds of appeal
- Give examples of the more common grounds of conviction and sentence
○ Manifestly excessive
○ Inconsistent verdicts
○ Conduct of trial judge
○ Errors of summing up
○ Wrongful withdrawal of issues
○ Comment on accused character
Extension of time
- What is the time limit for lodging grounds of appeal and from when does time run
○ 28 days from sentencing
- At what point in proceedings can an application be made for an extension of time for leave to
appeal
○ After sentencing or conviction
Crim Lit Page 1
,Preliminaries to prosecution
06 April 2023 00:16
a) The codes of pratice under PACE
a. Breaches of the CODE by the police officer do not render the evidence inadmissible per
se, however this may provide a basis to exclude evidence
b) The provisions of Code C.10 and C.11
a. Interviews
i. The questioning of a person regarding their involvement or suspected involvement
in a criminal offence which must be carried out under caution
ii. Caution is not necessary if questions are for other purposes
iii. A person whom there are grounds to suspect of an offence must be cautioned if
the answers provide grounds for suspicion
c) Where an interview may be conducted
a. Interviews can only be conducted in police stations or other authorised places of
detention
b. This is subject to exceptions a delay to an interview may
i. Lead to interference with or harm evidence, cause harm to a person, or may cause
loss of or damage to property
ii. Lead to the alerting of other persons suspected of committing an offence but not
yet be arrested for it
iii. Hinder the recovery of property obtained in consequence of the commission of
the offence
c. Caution must be administered at the commencement of an interview
d) Cautions and special warnings
a. Cautiosn must be administered at the commencement of an interview
Crim Lit Page 2
,Procedure in the mags court, allocation for trial, sending to
the Crown Court for trial or sentence
07 April 2023 17:00
1) Rules relating to the provision of initial details of the prosecution case
a. Disclosure of Initial Details of Prosecution Case
i. Rule 8.2
1) The prosecutor must, as soon as practicable, provide to the court 'initial
details' of the prosecution case.
2) If the accused requests the initial details, the prosecutor must serve them as
soon as practicable.
3) If the accused does not request those details, the prosecutor must make
them available to the accused at, or before the beginning of the day of the
first hearing.
b. Failure to comply
i. There is no specific sanction if the prosecution fails to supply the required initial
details
ii. However, this would be open to the magistrates court to make a direction
requiring the prosecution to comply
iii. If the prosecution still fails to comply with that direction given by the court, the
court may adjourn the hearing
iv. If the prosecutor wants to introduce information contained in a document listed in
r 8.3 but has not served that document on the accused or made that information
available
1) The prosecutor will not be permitted to 'introduce that information unless
the court first allows the defendant sufficient time to consider it'
v. However, the court cannot dismiss charges brought by the prosecution just
because of non-compliance with a request for initial details of the prosecution
case.
2) Preliminary hearings and entering a plea in the magistrates court, including equivocal pleas
a. Pre-trial hearings by television link
i. CJA 2003, s51: the court may require or permit a person to take part in eligible
criminal proceedings through a live audio link or a live video link.
ii. The court may not give a direction under s51 unless having considered:
1) It is in the interests of justice
2) The parties to the proceedings have been given the opportunities to make
representations
3) The court has considered the views of that person
4) The suitability of the facilities at the place where that person would take
part in the proceedings
5) Whether the person would be able the take part in the proceedings
effectively
6) Where the person is a witness, the importance of his/her evidence to the
proceedings
7) Whether the direction might tend to inhibit any part to the proceedings
from effectively testing the witness' evidence
8) The arrangements for members of the public to see or hear the proceedings
as conducted in accordance with the direction
b. Proceeding to sentence
i. Where accused attends a preliminary hearing over a live link, and the court
proposes to proceed immediately to sentencing, the accused may continue to
attend through the live link provided that the court is satisfied that it is not
contrary to the interests of justice for this to take place.
Crim Lit Page 3
, contrary to the interests of justice for this to take place.
3) Factors that defendant should be aware of in deciding whether to elect CC trial
a. D6.18
i. The summary trial may be vetoed either by the court or by the accused, but not by
the prosecution
ii. The most the prosecution can do is to make representations that trial on
indictment would be more appropriate having regard to the gravity of the offence,
iii. However, some cases must be taken to the CC without delay:
1) Cases involving fraud of such seriousness or complexity
2) Offences which involves assault on, or injury or a threat of injury to
3) A person is charged with certain other specified offences and a child will be
called as a witness at the trial
4) For the purpose of avoiding any prejudice to the welfare of the child
b. The defence statement
i. A written statement setting out the basis on which the case will be defended.
ii. Once the case is sent to the CC and the prosecution case is served, the accused
must give a defence statement to the court and the prosecutor.
iii. Must include:
1) Nature of the accused's defence, including any particular defences upon
which the accused intends to rely
2) The matters of fact on which the accused takes issue with the prosecution,
with reasons why
3) Particulars of the matter of fact on which the accused intends to rely for the
purposes of the defence
4) Any points of law which the accused wishes to take, with any authorities
relied upon.
iv. This must be served within 14 days of the date on which the Prosecution comply
or purport to comply with their initial duty of disclosure in the mags
v. In the cc, its 28 days
c. Criminal procedure and investigations act 1996, s6
i. The accused may give a defence statement to the prosecutor and if he does so,
must also give a statement to the court
d. Duty to give reasons
i. If the court convicts the accused, must give sufficient reasons to explain its
decision
ii. If a party wishes to obtain more detailed reasons, a request can be made to the
magistrates to state a case.
iii. If the court acquits the accused, it may (but is not required to) give an explanation
of its decision
4) Plea before venue and allocation, including the special rules for criminal damage and low value
shoplifting cases
a. Determination of mode of trial/allocation
i. Either way offences
1) Stage 1: obtain an indication of plea from the defendant
Plead guilty D is regarded as having pleaded guilty, the court then
proceeds to the sentencing stage. If court determines that
they don’t have enough power, then they will commit to
CC.
Pleads not The court proceeds to determine allocation (mode of trial)
guilty / no
indication
2) Stage 2: Mode of trial
a) Only if the defendant pleads not guilty / no indication
i) The prosecution will make representations on whether the case
Crim Lit Page 4
