CRIMINAL EXAM DOCUMENT
Table of Contents
The court is required to pass a sentence that is commensurate with the seriousness of the offence.
This will be determined by assessing the culpability of the offender and the harm caused by the
offender...............................................................................................................................................77
Janine has two previous convictions for theft (shoplifting) (s. 65 SA 2020).........................................77
The ransacking of the property to make it look like a burglary............................................................77
Mitigating factors:...............................................................................................................................77
Different Jurisdictions of the Criminal Courts…………………………………………………………………………….4
Professional Conduct Rules in Criminal Cases………….……………………………………………………………..6
Exam Question Structure for PCR………………………………………………………………………………………9
SGS 2 – POLICE POWERS …………………………………………………………………………………………………………………11
Stop and Search…………………………………………………………………………………………………………………………12
Power of Arrest without Warrant……………………………………………………………………………………………15
At the Police Station (Extension of Time)…………………………………………………………………………….16
Samples…………………………………………………………………………………………………………………………...19
Delaying right to have someone informed of arrest/right to see solicitor…………………….22
Exam Solutions Examples ………………………………………………………………………………………….24
SGS 3 - CASE ANALYSIS, POLICE STATION ADVICE, INFERENCES FROM SILENCE ……………………………27
Table of Elements of Offences for Module……………………………………………………………………………………27
Options at Police Interview……………………………………………………………………………………………………...30
Inferences (the 5 points of law)……………………………………………………………………………………………31
How to Formulate Advice – DEAD explained…………………………………………………………………….33
Pros + Cons of 3 Options………………………………………………………………………………………………34
Exam Question Structure DEAD + additional…………………………………………………………..37
SGS 4 – BAIL, PLEA BEFORE VENUE AND ALLOCATION OF TRIAL…………………………………………………….38
Bail ……………………………………………………………………………………………………………………………………………38
Exam Question Structure for Bail Application (P/D) ………………………………………………………………43
Plea Before Venue……………………………………………………………………………………………………………...45
Allocation of Trial……………………………………………………………………………………………………………45
Exam Question Structure for PBV/Allocation …………………………………………………………..49
1
,SGS 5 – INTRODUCTION TO EVIDENCE …………………………………………………………………………………………52
Competence + Compellability of Witnesses………………………………………………………………………………..52
Exclusion of Confession Evidence…………………………………………………………………………………………….55
Exclusion of Prosecution Evidence………………………………………………………………………………………56
Admissibility of Identification Evidence……………………………………………………………………………57
Admissibility of Character Evidence……………………………………………………………………………….59
Exam Question Structures Summary for all 3 ………………………………………………………….62
Example Exam Answer Admissibility of Confession Evidence ……………………………..63
Example Exam Answer Admissibility of Bad Character Evidence………………………66
Example Exam Answer Admissibility of Identification Evidence …………………68
SGS 6 – SENTENCING + APPEALS ………………………………………………………………………………………………….71
Sentencing Powers of Courts……………………………………………………………………………………………………….71
Tier 1 – Fines ……………………………………………………………………………………………………………………………72
Tier 2 – Community Orders……………………………………………………………………………………………………73
Tier 3 – Custodial Orders…………………………………………………………………………………………………….73
Sentencing Procedure……………………………………………………………………………………………………..74
Sentencing Exam Structure…………………………………………………………………………………………..76
Example Exam Answer Sentencing ……………………………………………………………………………..77
APPEALS……………………………………………………………………………………………………………………..81
2
,SGS 1 – THE CRIMINAL JUSTICE SYSTEM, CRIMINAL
PROCEDURE RULES AND PROFESSIONAL CONDUCT ISSUES
Apply the Criminal Procedure Rules (CrPR) in relation to the overriding objective and the
court’s case management powers
THE CRIMINAL PROCEDURE RULES (outlined in case R V K):
CPR 2015 – apply to all criminal cases in the criminal courts – main rules of focus are in 1-3.
Criminal Procedure Rule Relevance
1.1 (1) Overriding Objective – criminal cases be dealt with justly
1.1(2) Justly includes -
(b) Dealing with prosecution + defence fairly
(c) Recognising the rights of the defendant, particularly Article 6 ECHR
(e) Dealing with case efficiently and expeditiously
1.2(1) Duty of participants in the case – (a) Prepare and conduct case in accordance
with overriding objective.
(b) Comply with rules, PD, and directions made by court.
1.3 Court must further the overriding objective when exercising any power
3.2(1) (Case Management) Court’s Duty – further the overriding objective by actively managing the case
3.2 (2) Active case management includes: (a) Early identification of real issues
(b) Early identification of needs of witnesses
(f) Discouraging delay
(g) Encouraging participants to co-operate in the progression of the case
3.3(1) Each party must actively assist the court in fulfilling its duty under 3.2
3.5(1) Court’s case management powers are wide – Court may give any direction and
take any steps actively to manage a case unless that direction or step would be
inconsistent with legislation.
3.5(6) Sanctions if standard directions below are not complied with:
Fix, postpone, bring forward, cancel hearing, make a costs order, other sanctions
3.7(1) Parties can agree to vary time limit fixed by a direction
3.9(2) Case may proceed if defendant is absent – so as not to cause delay
3.10(3) Each party should have a certificate of readiness, confirming directions have been
complied with and witnesses are ready
Court have adopted STANDARD DIRECTIONS:
(I) Crown must serve evidence within 28 days of the not guilty plea being entered + comply
with duty of disclosure + serve notice of intention to introduce bad character and
hearsay evidence.
(II) Defence must serve defence statement, within 14 days. Within 7 days defence must
indicate if any application to introduce a defendant’s bad character is to be opposed.
3
, (III) Within 14 days defence must give notice of any intention to introduce hearsay evidence
+ bad character evidence of the prosecution. Crown has further 14 days to make a
disclosure.
(IV) Any point of law must be within skeleton arguments at least 21 days before trial – both
parties to serve a certificate of readiness 7 days before trial.
Identify the differing jurisdictions and powers of the criminal courts
THE CRIMINAL JUSTICE SYSTEM:
Criminal justice system is an adversarial system and is often perceived as comprising the police
and the prosecution on one side and the defence on the other.
This means it is the role of the prosecution to present sufficient admissible evidence to persuade a
tribunal to convict the defendant BEYOND REASONABLE DOUBT.
A simple case progression:
1. Reasonable grounds: arrest must be made on reasonable grounds that suspect has
committed the offence.
2. Sufficient evidence to provide a realistic prospect of Billy’s conviction: whether there is
sufficient evidence to charge Billy (CPS considers)
3. Plea: Billy will be asked to enter a plea of guilty or not guilty. Which he chooses is dependant
on the strength of the prosecution and evidence.
4. Trial: Burden rests with the prosecution, prosecution opens the case. Here it is possible for
the defence to make a submission of “no case to answer” saying the prosecution has failed
to present an arguable case.
If there is a case to answer, tribunal will decide if the CPS has proved the case against Billy
BEYOND REASONABLE DOUBT.
THE CRIMINAL COURT SYSTEM:
Courts of first instance:
There are 2 criminal courts of first instance; the magistrates court and the crown court. Courts of
first instance determine a defendant’s guilt (plea or trial) and have powers of sentencing.
MAGISTRATES: comprised of 3 lay magistrates called the bench or a full time district judge
(criminal). Deal with all matters: bail, plea, allocation, trial, admissibility of evidence and sentence.
CROWN: presided over by a circuit judge. Responsible for all matters in court EXCEPT determining
guilt. Unless the defendant enters a guilty plea, this is decided by jury at a trial.
- Judge is known as the arbiter of the law, jury arbiter of facts.
- Jury can only decide guilt based on what it hears in court, any arguments as to whether a
piece of evidence is admissible must be done in the absence of the jury (voir dire).
TYPES OF OFFENCES:
1. SUMMARY ONLY:
4
Table of Contents
The court is required to pass a sentence that is commensurate with the seriousness of the offence.
This will be determined by assessing the culpability of the offender and the harm caused by the
offender...............................................................................................................................................77
Janine has two previous convictions for theft (shoplifting) (s. 65 SA 2020).........................................77
The ransacking of the property to make it look like a burglary............................................................77
Mitigating factors:...............................................................................................................................77
Different Jurisdictions of the Criminal Courts…………………………………………………………………………….4
Professional Conduct Rules in Criminal Cases………….……………………………………………………………..6
Exam Question Structure for PCR………………………………………………………………………………………9
SGS 2 – POLICE POWERS …………………………………………………………………………………………………………………11
Stop and Search…………………………………………………………………………………………………………………………12
Power of Arrest without Warrant……………………………………………………………………………………………15
At the Police Station (Extension of Time)…………………………………………………………………………….16
Samples…………………………………………………………………………………………………………………………...19
Delaying right to have someone informed of arrest/right to see solicitor…………………….22
Exam Solutions Examples ………………………………………………………………………………………….24
SGS 3 - CASE ANALYSIS, POLICE STATION ADVICE, INFERENCES FROM SILENCE ……………………………27
Table of Elements of Offences for Module……………………………………………………………………………………27
Options at Police Interview……………………………………………………………………………………………………...30
Inferences (the 5 points of law)……………………………………………………………………………………………31
How to Formulate Advice – DEAD explained…………………………………………………………………….33
Pros + Cons of 3 Options………………………………………………………………………………………………34
Exam Question Structure DEAD + additional…………………………………………………………..37
SGS 4 – BAIL, PLEA BEFORE VENUE AND ALLOCATION OF TRIAL…………………………………………………….38
Bail ……………………………………………………………………………………………………………………………………………38
Exam Question Structure for Bail Application (P/D) ………………………………………………………………43
Plea Before Venue……………………………………………………………………………………………………………...45
Allocation of Trial……………………………………………………………………………………………………………45
Exam Question Structure for PBV/Allocation …………………………………………………………..49
1
,SGS 5 – INTRODUCTION TO EVIDENCE …………………………………………………………………………………………52
Competence + Compellability of Witnesses………………………………………………………………………………..52
Exclusion of Confession Evidence…………………………………………………………………………………………….55
Exclusion of Prosecution Evidence………………………………………………………………………………………56
Admissibility of Identification Evidence……………………………………………………………………………57
Admissibility of Character Evidence……………………………………………………………………………….59
Exam Question Structures Summary for all 3 ………………………………………………………….62
Example Exam Answer Admissibility of Confession Evidence ……………………………..63
Example Exam Answer Admissibility of Bad Character Evidence………………………66
Example Exam Answer Admissibility of Identification Evidence …………………68
SGS 6 – SENTENCING + APPEALS ………………………………………………………………………………………………….71
Sentencing Powers of Courts……………………………………………………………………………………………………….71
Tier 1 – Fines ……………………………………………………………………………………………………………………………72
Tier 2 – Community Orders……………………………………………………………………………………………………73
Tier 3 – Custodial Orders…………………………………………………………………………………………………….73
Sentencing Procedure……………………………………………………………………………………………………..74
Sentencing Exam Structure…………………………………………………………………………………………..76
Example Exam Answer Sentencing ……………………………………………………………………………..77
APPEALS……………………………………………………………………………………………………………………..81
2
,SGS 1 – THE CRIMINAL JUSTICE SYSTEM, CRIMINAL
PROCEDURE RULES AND PROFESSIONAL CONDUCT ISSUES
Apply the Criminal Procedure Rules (CrPR) in relation to the overriding objective and the
court’s case management powers
THE CRIMINAL PROCEDURE RULES (outlined in case R V K):
CPR 2015 – apply to all criminal cases in the criminal courts – main rules of focus are in 1-3.
Criminal Procedure Rule Relevance
1.1 (1) Overriding Objective – criminal cases be dealt with justly
1.1(2) Justly includes -
(b) Dealing with prosecution + defence fairly
(c) Recognising the rights of the defendant, particularly Article 6 ECHR
(e) Dealing with case efficiently and expeditiously
1.2(1) Duty of participants in the case – (a) Prepare and conduct case in accordance
with overriding objective.
(b) Comply with rules, PD, and directions made by court.
1.3 Court must further the overriding objective when exercising any power
3.2(1) (Case Management) Court’s Duty – further the overriding objective by actively managing the case
3.2 (2) Active case management includes: (a) Early identification of real issues
(b) Early identification of needs of witnesses
(f) Discouraging delay
(g) Encouraging participants to co-operate in the progression of the case
3.3(1) Each party must actively assist the court in fulfilling its duty under 3.2
3.5(1) Court’s case management powers are wide – Court may give any direction and
take any steps actively to manage a case unless that direction or step would be
inconsistent with legislation.
3.5(6) Sanctions if standard directions below are not complied with:
Fix, postpone, bring forward, cancel hearing, make a costs order, other sanctions
3.7(1) Parties can agree to vary time limit fixed by a direction
3.9(2) Case may proceed if defendant is absent – so as not to cause delay
3.10(3) Each party should have a certificate of readiness, confirming directions have been
complied with and witnesses are ready
Court have adopted STANDARD DIRECTIONS:
(I) Crown must serve evidence within 28 days of the not guilty plea being entered + comply
with duty of disclosure + serve notice of intention to introduce bad character and
hearsay evidence.
(II) Defence must serve defence statement, within 14 days. Within 7 days defence must
indicate if any application to introduce a defendant’s bad character is to be opposed.
3
, (III) Within 14 days defence must give notice of any intention to introduce hearsay evidence
+ bad character evidence of the prosecution. Crown has further 14 days to make a
disclosure.
(IV) Any point of law must be within skeleton arguments at least 21 days before trial – both
parties to serve a certificate of readiness 7 days before trial.
Identify the differing jurisdictions and powers of the criminal courts
THE CRIMINAL JUSTICE SYSTEM:
Criminal justice system is an adversarial system and is often perceived as comprising the police
and the prosecution on one side and the defence on the other.
This means it is the role of the prosecution to present sufficient admissible evidence to persuade a
tribunal to convict the defendant BEYOND REASONABLE DOUBT.
A simple case progression:
1. Reasonable grounds: arrest must be made on reasonable grounds that suspect has
committed the offence.
2. Sufficient evidence to provide a realistic prospect of Billy’s conviction: whether there is
sufficient evidence to charge Billy (CPS considers)
3. Plea: Billy will be asked to enter a plea of guilty or not guilty. Which he chooses is dependant
on the strength of the prosecution and evidence.
4. Trial: Burden rests with the prosecution, prosecution opens the case. Here it is possible for
the defence to make a submission of “no case to answer” saying the prosecution has failed
to present an arguable case.
If there is a case to answer, tribunal will decide if the CPS has proved the case against Billy
BEYOND REASONABLE DOUBT.
THE CRIMINAL COURT SYSTEM:
Courts of first instance:
There are 2 criminal courts of first instance; the magistrates court and the crown court. Courts of
first instance determine a defendant’s guilt (plea or trial) and have powers of sentencing.
MAGISTRATES: comprised of 3 lay magistrates called the bench or a full time district judge
(criminal). Deal with all matters: bail, plea, allocation, trial, admissibility of evidence and sentence.
CROWN: presided over by a circuit judge. Responsible for all matters in court EXCEPT determining
guilt. Unless the defendant enters a guilty plea, this is decided by jury at a trial.
- Judge is known as the arbiter of the law, jury arbiter of facts.
- Jury can only decide guilt based on what it hears in court, any arguments as to whether a
piece of evidence is admissible must be done in the absence of the jury (voir dire).
TYPES OF OFFENCES:
1. SUMMARY ONLY:
4
