LPC Notes Criminal Litigation Revision Notes (Distinction) 2024

CORE




CRIMINAL LITIGATION
REVISION NOTES
Legal Practice Course




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, Constable ⇒ Sergeant ⇒ Inspector ⇒ Chief
POLICE INTERVIEW: CLASSIFICATION OF OFFENCES:
Insp. ⇒ Superintendent ⇒ Chief Superint.
Exam Structure: *DEAD* CrPR has a page of offences on page 181.
COP D NFG 4A Recordable offence = offence
which carries a prison sentence. Summary only:
Disclosure:
Custody record will provide disclosure. *Mags Court only*
Relevant time = when the person arrives or
get arrested (whichever is sooner) – check Roble Inadequate disclosure is reasonable
the custody record. ground for solicitor to advise silence, no * Shoplifting under £200
s.34 adverse inferences can be drawn. * Criminal damage
* Assault
Evidence: * Motoring offences
STOP AND SEARCH: Nature + strength of evidence?
Power to search any person/vehicle: Argent factors? *THAMES*
1. For stolen/prohibited articles Circumstances existing at the time: Triable either way:
2. For controlled drugs 1) Tiredness *Mags OR Crown Court*
OR 2) Health
3. If serious violence is anticipated 3) Age * Shoplifting over £200
4) Mental capacity * Fraud
Reasonable grounds for suspicion: 5) Experience * Sexual offences
s.1(1)(a)-s.1(3) PACE 6) Sobriety * Bigamy
1. PC must have a genuine suspicion. * ABH
2. An objective basis for suspicion. – Can D’s defence withstand scrutiny? * Theft/Burglary
based on facts, behaviour, police intel. * Affray
Cannot be even partially based on SITUATION ADVICE
personal factors, stereotypes, past Strong defence Answer questions
convictions. Defence medium Prepared Indictable only:
strength statement *Crown Court only*
EXTENDING DETENTION: Weak defence Remain silent
No Argent factors Answer questions
Can be extended to 36 hours if: s.42 PACE Argent factors Remain silent/ * Murder/manslaughter/attempted
present prepared murder
 Indictable offence
 Superintendent or above authorises it statement * Rape
 Reasonable grounds for believing that Incident happened Remain silent * Robbery
detention will help secure/obtain long time ago * Wounding/inflicting GBH
evidence. Complex case Remain silent/ * Trafficking a class A drug
prepared * Burglary with violence
ss.43-44 PACE For extension up to 96 hours statement
apply for a warrant.
Inferences from silence:
BAIL:
s.38 Suspect has a right not to answer s.4 BA 1976 D has a right to bail until trial.
INTIMATE SAMPLES: questions, but the jury may then draw
adverse inferences. Exceptions:
Sched 1, Part 1, Para 1A BA 1976 Grant bail if
s.65 PACE Intimate samples = blood, urine, there is a real prospect of a prison sentence.
tissue fluid, pubic hair, dental impression, COMPETENT/COMPELLABLE:
swab from body orifice other than the Sched 1, Part 1, para 2 BUT No bail if there
mouth. Competent = CT are substantial grounds that D will:
Compellable = CBLE a) Fail to surrender
May take intimate samples if: s.62 b) Commit an offence whilst on bail
 Recordable offence Witness For the For the OR
 Suspect consents in writing Prosecution Defence c) Interfere with witnesses
 Inspector or above authorises it in
writing Ordinary CT + CBLE CT + CBLE Bail factors: Sched 1, Part 1, para 9
witness
 Reasonable grounds for believing D is Para 9(a) Nature/seriousness of the offence
involved and believing that the sample Defendant Not CT + Not CT + Not Para 9(b) D’s character
will confirm/disprove involvement. CBLE CBLE Para 9(c) D fulfilled previous bail obligations
Co-Defen- Not CT + Not CT + Not Para 9(d) Strength of the evidence against D
Only medical practitioners/dentists can take dant CBLE CBLE Para 9(e) Likelihood of D committing an
sample. D’s spouse, CT but only CT, CBLE if offence whilst on bail
civil CBLE if not also a
Delay right to inform someone of arrest if: partner specified Co-D Bail conditions:
 Indictable offence – s.56(2)(a) offence  If risk of failure to surrender:
 Authorised by an Inspector or above – Residence, Bail hostel, Reporting,
s.56(2)(b) Specified offence: s.80(3) Surrender passport, Surety
 Reasonable grounds that D may harm/ 1. Involves assault, injury or threat of  If risk of committing offences on bail:
alert others or interfere with evidence. injury to spouse/civil partner or a Exclusion, Curfews, Electronic tagging
child under 16.  If risk of interfering with witnesses:
s.56(3) Delay for up to 36 hours from arrival. 2. Sexual offence on a child under 16. Exclusion, Non-contact
Delay the right to legal advice if: s.58 PACE
 Indictable offence Bad character evidence: Good character Turnbull warning:
 Superintendent or above authorises in evidence: Remind jury of
writing s.98 CJA 2003 Bad character evidence = Judge makes a weaknesses in ID
 Reasonable grounds that D may harm/ past conviction or evidence of lying by D. Vye direction to evidence, as may
alert others or interfere with evidence. the jury: less convict someone by
s.101 CJA 2003 D’s bad character evidence likely that D mistake.
s.58(5) Delayed for up to 36 hours. is inadmissible, except if one of the committed the
gateways applies. crime and is Factors: Turnbull
credible witness Amount of time under
s.101(1)(d) Gateway D: adduce bad in their own observation, Distance,
Permitted materials: Criminal lit materials, character evidence if relevant. defence. Visibility, Obstruction,
PACE and SRA Code of Conduct. Known/seen before,
s.103(1)(a) D’s propensity to commit
offences of the type charged. Previous Reason to remember,
Exam is 35% of litigation mark. convictions must be of “same kind”. Time lapse, Error


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