Legal Practice Course Criminal Litigation (May 2019)
BPP University - Legal Practice Course – Own Summary Notes (Feb 2019 – Jun 2020)
Criminal Litigation (May 2019)
Contents
Subject Page
Criminal Justice System 3
Criminal Procedure Rules 4
Professional Conduct (Updated) 5
Public Funding (Formerly Legal Aid) 6
Police Powers (PACE) 7
Stop and Search 8
Arrest 9
Custody Officer 10
Detention 1 11
Detention 2 12
Suspect’s Rights 13
Suspect’s Treatment and Interviews 14
Taking Intimate Samples 15
Taking Non-Intimate Samples 16
Fingerprints 17
Case Analysis (D. E. A. D.) 18
Police Station Advice and Inferences from Silence 19
Bail 20
Plea Before Venue 21
Allocation of Trial 22
© Timothy John Tyne Page 1 of 31
,Legal Practice Course Criminal Litigation (May 2019)
Witness Evidence 23
Admissibility of Evidence 24
Eyewitness Evidence 25
Character Evidence 26
Sentencing 27
Appeals 28
List of cases in chronological order with page it first appears 29
List of legislation in chronological order with page it first appears 30
Bibliography and References 31
© Timothy John Tyne Page 2 of 31
,Legal Practice Course Criminal Litigation (May 2019)
Criminal Justice System
The criminal justice system in England and Wales is an adversarial system.
Classification of offences Offences can be classified according to seriousness as summary (least
serious), through either way up to indictable (most serious)
Summary offences are tried in the magistrates’ court.
Indictable offences are sent to the Crown Court by section 51 of the Crime and Disorder Act 1998
(CDA 1998)
Either way offences These start with a plea before venue.
Plea before venue is held in the magistrates’ court by s17A of the Magistrates’ Courts Act 1980 (MCA
1980).
If a defendant indicates an intention to plead guilty, they can be sentenced in the magistrates’ court
by s78 of the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000) and s133 MCA 1980.
If the magistrates’ court doesn’t have sufficient sentencing powers the defendant can be committed
to the Crown Court for sentencing under s3 PCC(S)A 2000.
Allocation
If a defendant indicates an intention to plead not guilty then the magistrates’ court will allocate the
case to the magistrates’ court or Crown Court for trial under s19 MCA 1980.
- If the Crown Court is chosen, the case is sent to the Crown Court for a Plea and Trial Preparation
Hearing (PTPH) under s51(1) CDA 1998.
- If the magistrates’ court allocates the case to the magistrates’ court it will give an indication of
sentence under ss20, 20A MCA 1980. This will include whether the sentence is custodial or non-
custodial.
- The court is bound by the indication of sentence if the defendant changes their plea to guilty.
- If the defendant maintains a plea of not guilty, he will be asked if he consents to summary trial in
the magistrates’ court.
- The defendant can choose trial on indictment in the Crown Court by s51 CDA 1998.
© Timothy John Tyne Page 3 of 31
, Legal Practice Course Criminal Litigation (May 2019)
Criminal Procedure Rules 2020 (CrPR 2020)
Criminal Procedure Rules 2020 (CrPR 2020) [1] These came into force on Monday 5th of October 2020.
The latest revised version can be found at the links below (the second link includes practice
directions and forms for use in criminal cases.)
https://www.legislation.gov.uk/uksi/2020/759/contents
https://www.gov.uk/guidance/rules-and-practice-directions-2020#criminal-procedure-rules-2020-
contents
The rules are supplemented by
Law Society Practice Notes on Conflicts of Interest in Criminal Cases (LSPNCI);
Law Society Practice Notes on the Criminal Procedure Rules (LSPNCrPR) and
The Criminal Procedure Rules Practice Directions 2023 (CrPRPD 2023) found at the link below
https://assets.publishing.service.gov.uk/media/6548ad7d59b9f5000d85a27b/criminal-practice-
directions-2023-amended061123.pdf
CrPR Part 1 The Overriding Objective outlines the aim to deal with criminal cases justly.
CrPR 1.1(1) “The overriding objective … is that criminal cases be dealt with justly.”
CrPR 1.1(2) “Dealing … justly includes- (a) … (h).” (a) to (h) are broad rules to ensure criminal cases
are dealt with justly.
CrPR 1.2 This places a duty on participants to “ … (b) comply with these Rules, …”
CrPR Part 3 Case Management outlines the rules for managing a criminal case.
CrPR 3.2(2) Court duties relating to case management include-
(a) “…early identification of the real issues; …
(e) … ensuring evidence … is presented in the shortest and clearest way; …
(f) … discouraging delay, …
(g) … encouraging the participants to co-operate…”
CrPR 3.3 These are the parties’ duties which include “… (1) … (a) actively assisting the court…”
CrPR 3.5 These are the court’s case management powers
CrPR 3.5(6) Sanction powers of the court
CrPR 3.6 Gives parties ability to vary directions and
CrPR 3.7 Gives the court ability to vary a time limit fixed by a direction.
CrPR 3.8 Gives the court’s case preparation and progression powers
CrPR 3.10 (3) “The court may require a party to give a certificate of readiness.”
© Timothy John Tyne Page 4 of 31
BPP University - Legal Practice Course – Own Summary Notes (Feb 2019 – Jun 2020)
Criminal Litigation (May 2019)
Contents
Subject Page
Criminal Justice System 3
Criminal Procedure Rules 4
Professional Conduct (Updated) 5
Public Funding (Formerly Legal Aid) 6
Police Powers (PACE) 7
Stop and Search 8
Arrest 9
Custody Officer 10
Detention 1 11
Detention 2 12
Suspect’s Rights 13
Suspect’s Treatment and Interviews 14
Taking Intimate Samples 15
Taking Non-Intimate Samples 16
Fingerprints 17
Case Analysis (D. E. A. D.) 18
Police Station Advice and Inferences from Silence 19
Bail 20
Plea Before Venue 21
Allocation of Trial 22
© Timothy John Tyne Page 1 of 31
,Legal Practice Course Criminal Litigation (May 2019)
Witness Evidence 23
Admissibility of Evidence 24
Eyewitness Evidence 25
Character Evidence 26
Sentencing 27
Appeals 28
List of cases in chronological order with page it first appears 29
List of legislation in chronological order with page it first appears 30
Bibliography and References 31
© Timothy John Tyne Page 2 of 31
,Legal Practice Course Criminal Litigation (May 2019)
Criminal Justice System
The criminal justice system in England and Wales is an adversarial system.
Classification of offences Offences can be classified according to seriousness as summary (least
serious), through either way up to indictable (most serious)
Summary offences are tried in the magistrates’ court.
Indictable offences are sent to the Crown Court by section 51 of the Crime and Disorder Act 1998
(CDA 1998)
Either way offences These start with a plea before venue.
Plea before venue is held in the magistrates’ court by s17A of the Magistrates’ Courts Act 1980 (MCA
1980).
If a defendant indicates an intention to plead guilty, they can be sentenced in the magistrates’ court
by s78 of the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000) and s133 MCA 1980.
If the magistrates’ court doesn’t have sufficient sentencing powers the defendant can be committed
to the Crown Court for sentencing under s3 PCC(S)A 2000.
Allocation
If a defendant indicates an intention to plead not guilty then the magistrates’ court will allocate the
case to the magistrates’ court or Crown Court for trial under s19 MCA 1980.
- If the Crown Court is chosen, the case is sent to the Crown Court for a Plea and Trial Preparation
Hearing (PTPH) under s51(1) CDA 1998.
- If the magistrates’ court allocates the case to the magistrates’ court it will give an indication of
sentence under ss20, 20A MCA 1980. This will include whether the sentence is custodial or non-
custodial.
- The court is bound by the indication of sentence if the defendant changes their plea to guilty.
- If the defendant maintains a plea of not guilty, he will be asked if he consents to summary trial in
the magistrates’ court.
- The defendant can choose trial on indictment in the Crown Court by s51 CDA 1998.
© Timothy John Tyne Page 3 of 31
, Legal Practice Course Criminal Litigation (May 2019)
Criminal Procedure Rules 2020 (CrPR 2020)
Criminal Procedure Rules 2020 (CrPR 2020) [1] These came into force on Monday 5th of October 2020.
The latest revised version can be found at the links below (the second link includes practice
directions and forms for use in criminal cases.)
https://www.legislation.gov.uk/uksi/2020/759/contents
https://www.gov.uk/guidance/rules-and-practice-directions-2020#criminal-procedure-rules-2020-
contents
The rules are supplemented by
Law Society Practice Notes on Conflicts of Interest in Criminal Cases (LSPNCI);
Law Society Practice Notes on the Criminal Procedure Rules (LSPNCrPR) and
The Criminal Procedure Rules Practice Directions 2023 (CrPRPD 2023) found at the link below
https://assets.publishing.service.gov.uk/media/6548ad7d59b9f5000d85a27b/criminal-practice-
directions-2023-amended061123.pdf
CrPR Part 1 The Overriding Objective outlines the aim to deal with criminal cases justly.
CrPR 1.1(1) “The overriding objective … is that criminal cases be dealt with justly.”
CrPR 1.1(2) “Dealing … justly includes- (a) … (h).” (a) to (h) are broad rules to ensure criminal cases
are dealt with justly.
CrPR 1.2 This places a duty on participants to “ … (b) comply with these Rules, …”
CrPR Part 3 Case Management outlines the rules for managing a criminal case.
CrPR 3.2(2) Court duties relating to case management include-
(a) “…early identification of the real issues; …
(e) … ensuring evidence … is presented in the shortest and clearest way; …
(f) … discouraging delay, …
(g) … encouraging the participants to co-operate…”
CrPR 3.3 These are the parties’ duties which include “… (1) … (a) actively assisting the court…”
CrPR 3.5 These are the court’s case management powers
CrPR 3.5(6) Sanction powers of the court
CrPR 3.6 Gives parties ability to vary directions and
CrPR 3.7 Gives the court ability to vary a time limit fixed by a direction.
CrPR 3.8 Gives the court’s case preparation and progression powers
CrPR 3.10 (3) “The court may require a party to give a certificate of readiness.”
© Timothy John Tyne Page 4 of 31
