CORE
CRIMINAL LITIGATION
REVISION NOTES
Legal Practice Course
Do not print this cover page unless you need it,
colour prints can be expensive.
, 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
ALL THE KEY INFORMATION ON ONE PAGE
Please leave a ★★★★★ review here Copyright 2024 | Criminal Litigation – Revision notes | Page 1 of 20
CRIMINAL LITIGATION
REVISION NOTES
Legal Practice Course
Do not print this cover page unless you need it,
colour prints can be expensive.
, 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
ALL THE KEY INFORMATION ON ONE PAGE
Please leave a ★★★★★ review here Copyright 2024 | Criminal Litigation – Revision notes | Page 1 of 20
