100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached 4.2 TrustPilot
logo-home
Other

Criminal Law & Practice Crib Sheet

Rating
5.0
(1)
Sold
2
Pages
75
Uploaded on
02-12-2023
Written in
2023/2024

Concise set of revision notes covering all the key details from the BPP SQE1 Criminal Law & Practice module.

Institution
SQE1
Module
SQE1











Whoops! We can’t load your doc right now. Try again or contact support.

Document information

Uploaded on
December 2, 2023
File latest updated on
December 2, 2023
Number of pages
75
Written in
2023/2024
Type
Other
Person
Unknown

Content preview

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

Reviews from verified buyers

Showing all reviews
1 year ago

5.0

1 reviews

5
1
4
0
3
0
2
0
1
0
Trustworthy reviews on Stuvia

All reviews are made by real Stuvia users after verified purchases.

Get to know the seller

Seller avatar
Reputation scores are based on the amount of documents a seller has sold for a fee and the reviews they have received for those documents. There are three levels: Bronze, Silver and Gold. The better the reputation, the more your can rely on the quality of the sellers work.
giorgia7 BPP
View profile
Follow You need to be logged in order to follow users or courses
Sold
18
Member since
2 year
Number of followers
4
Documents
13
Last sold
7 months ago

5.0

2 reviews

5
2
4
0
3
0
2
0
1
0

Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their exams and reviewed by others who've used these revision notes.

Didn't get what you expected? Choose another document

No problem! You can straightaway pick a different document that better suits what you're after.

Pay as you like, start learning straight away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and smashed it. It really can be that simple.”

Alisha Student

Frequently asked questions