SQE 1: Criminal Law & Practice CRYPT SHEET
Contents
1. Introduction
o Criminal justice process
o Criminal Law and Practice Syllabus Offences
o PCR issues in criminal proceedings
2. Preliminaries to prosecution
o Detention at the police station
o Funding criminal proceedings
o Police interviews and police station advice
3. Pre-trial criminal litigation
o Bail
o First hearings
o Case management
4. Evidence
5. Trial
6. Sentencing
7. Appeals
8. Youths
, 1. Introduction
Criminal justice process
Prosecuting body has the power to compel
a person’s attendance before a court
© The criminal justice process begins with a person being arrested and brought before the
Magistrates’ Court or MC issues a written charge & requisition to secure their attendance.
o Crown Prosecution Service (‘CPS’) brings the majority of prosecutions + has the
right to intervene and take over where private individuals bring the prosecution
© Defendant is asked to enter a plea:
o If they plead guilty sentence
o If the defendant pleads not guilty a trial and the court comes to a verdict.
If found not guilty, D is acquitted of the charge and is free to go.
If the verdict is guilty, D must be sentenced.
Type of sentence & ancillary orders (e.g. costs) available VARY
depending on the seniority of the court
© A person who is sentenced following either a guilty plea or verdict may appeal.
© Defendants in criminal proceedings can either fund their defence privately or make an
application to the Legal Aid Agency for public funding
Classification of offences (only relevant to adults) – THREE types:
1. Summary only
2. Either-way
3. Indictable only
Common law offences are indictable only
For statutory offences - either 1) consult a practitioner text or 2) look for the maximum
sentence set out in the statute.
Impact of classification on the CJP: broadly it impacts the location of where D’s plea is taken,
where the trial takes place if there is to be one and where D will be sentenced if found guilty.
o Summary only – Magistrates’ Court
o Indictable only – Crown Court
o Either way – Magistrates’ Court holds 1st hearing accepts/declines jurisdiction D
can consent or exercise their right to trial by jury in Crown Court MC can also
commit to Crown Court for sentence if they find sentencing powers insufficient
, Court of first instance: any
court that can determine guilt
– Magistrates’ Court, Crown
Court and Youth Court.
Youth Court is only for
defendants under the age
of 18 (unless they are
being jointly charged w/
an adult)
Appeal Court: hears appeals
– Crown Court, High Court,
Court of Appeal, UKSC
N.B. High Court has limited
jurisdiction as regards
criminal matters.
© Different judges sit in different courts:
Magistrates’ ® District Judge; OR
Court ® Deputy District Judge (Barrister/Solicitor authorised to sit part-time); OR
® 2/3 lay magistrates (members of the public who are appointed to the
Magistracy) – advised by a legal adviser
Crown ® a Circuit Judge; OR
Court ® a High Court Judge; OR
® a Recorder (a Barrister/Solicitor/judge of another lower, or equal court,
authorised to sit on a part-time basis).
Court of ® Judges of the Court of Appeal (usually)
Appeal ® High Court Judges (usually); OR
(Crim ® Crown Court Judges authorised to sit in the Court of Appeal (unless HC
Division) judge presided while in Crown Court)
UKSC ® Justices of the Supreme Court
© There will be a tribunal of fact and a tribunal of law in each court- sometimes the judge
undertakes both roles (see MC), in other courts, the roles will be split (see Crown Court)
Tribunal of fact: person(s) who make a decision as to disputed facts.
Tribunal of law: person(s) who make a decision as to disputed points of law.
© COURT ETIQUETTE:
o Any judge from High Court and above = “My Lord or Lady”
o Circuit Judges or Recorders = “Your honour”
o District Judges or Deputy District judges = “Sir or Madam”
o Lay magistrates = “Sir or Madam” or “your worships”
© The powers of each court VARY greatly in terms of sentencing and appeals.
Magistrates’ Sentencing: imprisonment (6 months for summary only; 12 months for
Court either-way); fines (unlimited); can commit either-way offences for
sentence in Crown Court; can make costs & ancillary orders
, Appeals: NO criminal appellate jurisdiction.
Crown Sentencing: imprisonment (life); fines (unlimited); either-way offences
Court can be committed for sentence in Crown Court by MC; can make costs
& ancillary orders
Appeals: from MC and Youth Court. Heard by one Crown Court judge
+ 2 lay magistrates all with equal decision-making power.
Court of Sentencing: Power to ALTER sentence on appeal
Appeal Appeals: leave is required – except in cases of contempt can dismiss
(Crim an appeal or uphold it and either:
Division) 1. quash a conviction or
2. replace sentence (but cannot sentence more severely) or
3. reverse ruling and remit back to the Crown Court or
4. give their opinion on a point of law w/ no effect on D’s acquittal or
5. in some cases increase the sentence if unduly lenient or
6. order a retrial on application by prosecution.
UKSC Appeals: leave is required - point of law must be of general public
importance.
Criminal Law and Practice Syllabus Offences
Summary only offences Either-way offences Indictable only offences
Assault Theft (s 1 TA 1968) Robbery (s 8 TA 1968)
Battery Burglary (s 9(1)(a) or s 9(1) Wounding or causing GBH w/
Simple criminal (b) TA 1968) intent (s 18 OAPA 1861)
damage £5k or less Fraud Aggravated burglary (s 10 TA 1968)
Attempt to commit Assault occasioning ABH (s Aggravated arson
simple criminal 47 OAPA 1861) Aggravated criminal damage
damage £5k or less Wounding or inflicting GBH Murder – voluntary manslaughter
(s 20 OAPA 1861) can be an outcome
N.B. Assault & battery Simple criminal damage Involuntary manslaughter (unlawful
CANNOT be an object over £5k act + gross negligence)
of a criminal attempt Simple arson
*Attempts to commit indictable only
Attempts to commit either-way offences = triable only on indictment*
offences = triable either way*
CRIMINAL DAMAGE – VALUE:
£5k or below Over £5k Uncertain
Summary only Either way offence D is asked if they consent to be tried
Max. sentence = Max. sentence at MC = 12 summarily – if so, that will take place and
3 months or months or Level 5 fine the max. sentence will be limited to 3
Level 4 fine Can be committed for sentence months or a Level 4 fine
Cannot be Max. sentence at Crown Court
committed for = 10 years If D does not consent, the offence will be
sentence treated as either-way + higher sentencing
powers will apply on conviction
Low-value shoplifting (i.e. less than £200): summary-only offence – although the statue still allows
for an adult defendant to elect trial in Crown Court
N.B. Offence of shoplifting is THEFT – reclassification just means an MC cannot decline jurisdiction
Contents
1. Introduction
o Criminal justice process
o Criminal Law and Practice Syllabus Offences
o PCR issues in criminal proceedings
2. Preliminaries to prosecution
o Detention at the police station
o Funding criminal proceedings
o Police interviews and police station advice
3. Pre-trial criminal litigation
o Bail
o First hearings
o Case management
4. Evidence
5. Trial
6. Sentencing
7. Appeals
8. Youths
, 1. Introduction
Criminal justice process
Prosecuting body has the power to compel
a person’s attendance before a court
© The criminal justice process begins with a person being arrested and brought before the
Magistrates’ Court or MC issues a written charge & requisition to secure their attendance.
o Crown Prosecution Service (‘CPS’) brings the majority of prosecutions + has the
right to intervene and take over where private individuals bring the prosecution
© Defendant is asked to enter a plea:
o If they plead guilty sentence
o If the defendant pleads not guilty a trial and the court comes to a verdict.
If found not guilty, D is acquitted of the charge and is free to go.
If the verdict is guilty, D must be sentenced.
Type of sentence & ancillary orders (e.g. costs) available VARY
depending on the seniority of the court
© A person who is sentenced following either a guilty plea or verdict may appeal.
© Defendants in criminal proceedings can either fund their defence privately or make an
application to the Legal Aid Agency for public funding
Classification of offences (only relevant to adults) – THREE types:
1. Summary only
2. Either-way
3. Indictable only
Common law offences are indictable only
For statutory offences - either 1) consult a practitioner text or 2) look for the maximum
sentence set out in the statute.
Impact of classification on the CJP: broadly it impacts the location of where D’s plea is taken,
where the trial takes place if there is to be one and where D will be sentenced if found guilty.
o Summary only – Magistrates’ Court
o Indictable only – Crown Court
o Either way – Magistrates’ Court holds 1st hearing accepts/declines jurisdiction D
can consent or exercise their right to trial by jury in Crown Court MC can also
commit to Crown Court for sentence if they find sentencing powers insufficient
, Court of first instance: any
court that can determine guilt
– Magistrates’ Court, Crown
Court and Youth Court.
Youth Court is only for
defendants under the age
of 18 (unless they are
being jointly charged w/
an adult)
Appeal Court: hears appeals
– Crown Court, High Court,
Court of Appeal, UKSC
N.B. High Court has limited
jurisdiction as regards
criminal matters.
© Different judges sit in different courts:
Magistrates’ ® District Judge; OR
Court ® Deputy District Judge (Barrister/Solicitor authorised to sit part-time); OR
® 2/3 lay magistrates (members of the public who are appointed to the
Magistracy) – advised by a legal adviser
Crown ® a Circuit Judge; OR
Court ® a High Court Judge; OR
® a Recorder (a Barrister/Solicitor/judge of another lower, or equal court,
authorised to sit on a part-time basis).
Court of ® Judges of the Court of Appeal (usually)
Appeal ® High Court Judges (usually); OR
(Crim ® Crown Court Judges authorised to sit in the Court of Appeal (unless HC
Division) judge presided while in Crown Court)
UKSC ® Justices of the Supreme Court
© There will be a tribunal of fact and a tribunal of law in each court- sometimes the judge
undertakes both roles (see MC), in other courts, the roles will be split (see Crown Court)
Tribunal of fact: person(s) who make a decision as to disputed facts.
Tribunal of law: person(s) who make a decision as to disputed points of law.
© COURT ETIQUETTE:
o Any judge from High Court and above = “My Lord or Lady”
o Circuit Judges or Recorders = “Your honour”
o District Judges or Deputy District judges = “Sir or Madam”
o Lay magistrates = “Sir or Madam” or “your worships”
© The powers of each court VARY greatly in terms of sentencing and appeals.
Magistrates’ Sentencing: imprisonment (6 months for summary only; 12 months for
Court either-way); fines (unlimited); can commit either-way offences for
sentence in Crown Court; can make costs & ancillary orders
, Appeals: NO criminal appellate jurisdiction.
Crown Sentencing: imprisonment (life); fines (unlimited); either-way offences
Court can be committed for sentence in Crown Court by MC; can make costs
& ancillary orders
Appeals: from MC and Youth Court. Heard by one Crown Court judge
+ 2 lay magistrates all with equal decision-making power.
Court of Sentencing: Power to ALTER sentence on appeal
Appeal Appeals: leave is required – except in cases of contempt can dismiss
(Crim an appeal or uphold it and either:
Division) 1. quash a conviction or
2. replace sentence (but cannot sentence more severely) or
3. reverse ruling and remit back to the Crown Court or
4. give their opinion on a point of law w/ no effect on D’s acquittal or
5. in some cases increase the sentence if unduly lenient or
6. order a retrial on application by prosecution.
UKSC Appeals: leave is required - point of law must be of general public
importance.
Criminal Law and Practice Syllabus Offences
Summary only offences Either-way offences Indictable only offences
Assault Theft (s 1 TA 1968) Robbery (s 8 TA 1968)
Battery Burglary (s 9(1)(a) or s 9(1) Wounding or causing GBH w/
Simple criminal (b) TA 1968) intent (s 18 OAPA 1861)
damage £5k or less Fraud Aggravated burglary (s 10 TA 1968)
Attempt to commit Assault occasioning ABH (s Aggravated arson
simple criminal 47 OAPA 1861) Aggravated criminal damage
damage £5k or less Wounding or inflicting GBH Murder – voluntary manslaughter
(s 20 OAPA 1861) can be an outcome
N.B. Assault & battery Simple criminal damage Involuntary manslaughter (unlawful
CANNOT be an object over £5k act + gross negligence)
of a criminal attempt Simple arson
*Attempts to commit indictable only
Attempts to commit either-way offences = triable only on indictment*
offences = triable either way*
CRIMINAL DAMAGE – VALUE:
£5k or below Over £5k Uncertain
Summary only Either way offence D is asked if they consent to be tried
Max. sentence = Max. sentence at MC = 12 summarily – if so, that will take place and
3 months or months or Level 5 fine the max. sentence will be limited to 3
Level 4 fine Can be committed for sentence months or a Level 4 fine
Cannot be Max. sentence at Crown Court
committed for = 10 years If D does not consent, the offence will be
sentence treated as either-way + higher sentencing
powers will apply on conviction
Low-value shoplifting (i.e. less than £200): summary-only offence – although the statue still allows
for an adult defendant to elect trial in Crown Court
N.B. Offence of shoplifting is THEFT – reclassification just means an MC cannot decline jurisdiction
