• Wrong document? Swap it for free
  • Written by students who passed
  • Immediately available after payment
  • Read online or as PDF
Sell
Where do you study
Your language
Document preview thumbnail
Preview 2 out of 12 pages
Class notes

Forensics- Law notes

Document preview thumbnail
Preview 2 out of 12 pages

Notes I made during lectures based on information given to us by the lecturers and study books/videos etc.

Content preview

Week 5 Law

CPS, roles in court, Men’s Rea, Actus Reus.

• Criminal Justice System in England and Wales is based on
the principal of adversarial justice.
• The responsibility is on the prosecution to prove the
defendant is guilty beyond all reasonable doubt of
committing the crime of which they are accused (but not
always)
• There is a defined hierarchy of courts, with each court
having a specific role within our CJS.

Roles in court- slide 3 write up.

Prosecution and defence:

Barrister vs Solicitor:
Legal Professional
• Has ‘higher rights of audience’
• Main role is to represent a client in court, but also can
offer legal advice and help the solicitor build the case.

• Legal Professional
• Does not have ‘higher rights of audience’.
• Main role is to perform legal work outside of the court,
build up a case, and call upon a barrister to represent the
client.

Magistrates court: slide 6 write up.

Defence:
• The right to a defence is covered by Article 6 of the HRA
1998, but precedent long predates that.
• The job of the defence is to:
- Defend a defendant’s innocence until proven guilty
- Ensure the case put forward by the prosecution is up to a
legal standard
- Analyse all forensic/investigatory evidence to ensure it
has integrity and continuity.
Legal professional privilege:

, • There are two kinds of LPP
-Legal Advice Privilege
-Litigation privilege.
• This was established by common law, supported by article
8 of the HRA 1998 and the DPA 2018, and defined in the
Legal Services Act 2007
Legal advice privilege:
• Right of the client
• Enforces the duty of confidentiality.
• Strictly between the LP and their client
Litigation privilege:
• Right of the client
• Enforces the duty of confidentiality.
• Between the LP/Client, and any outside LP or consultant
contacted for advice or information related to the case in
hand.
Exceptions to LPP:
• The Client can wavier their rights to this privilege if they
choose to admit part of their communications with their
defence into evidence.
• Communications are not privileged if it is for the purpose
of committing a crime.
• If the defendant admits to their defence that they are
guilty, it is the responsibility of the defence to suggest the
defendant plead guilty.
Defence Statement (pg. 45 CPS disclosure manual)
• Set out the nature of the defence.
• Indicate the matters of fact in which the accused is takes
issue with
• Outline why this issue is taken.
• Set out the matters of fact in which the defence is built
upon.
• Indicate any point of law (including any point as to the
admissibility of evidence or an abuse of process) which
the accused wishes to take, and the authority for this.
• Comply with any regulations made by the Secretary of
State
• In the event an alibi is stated
-the name, address and date of birth of any witness the
accused believes can give evidence in support of the alibi
-any information in the accused's possession which might

Document information

Study
Unknown
Uploaded on
May 29, 2024
Number of pages
12
Written in
2023/2024
Type
Class notes
Professor(s)
Alex
Contains
All classes
$10.57

Wrong document? Swap it for free Within 14 days of purchase and before downloading, you can choose a different document. You can simply spend the amount again.
Written by students who passed
Immediately available after payment
Read online or as PDF

Sold
0
Followers
0
Items
3
Last sold
-



Why students choose Stuvia

Created by fellow students, verified by reviews

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

Didn't get what you expected? Choose another document

No worries! You can instantly pick a different document that better fits what you're looking for.

Pay as you like, start learning right 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 aced it. It really can be that simple.”

Alisha Student

Working on your references?

Create accurate citations in APA, MLA and Harvard with our free citation generator.

Working on your references?

Frequently asked questions