Summary

Summary of Unit 8 Criminal Litigation

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Course
Criminal Litigation

Institution
University Of Law (ULaw)

This document consist of the summarize version of the BSB - Unit 8 syllabus. The notes are according to the examinable materials for April 2022 ( please double check the examinable materials ) when you are viewing this document. It consist of the classification of offences, pre-trial rulings, t...

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Uploaded on July 6, 2022
Number of pages 22
Written in 2021/2022
Type Summary

pre trial rulings
either way offences
detention time limits
custody time limits
disclosure
presence of the accused
plea
criminal damage
classification of offences
s14 sa 2020

Institution
University of Law (ULaw)
Education Unknown
Course
Criminal Litigation

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1. Summary - Summary of unit 8 criminal litigation
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Classification of offences -> only relevant to adults

Summary only Either - way offence Indictable only offence
- Criminal damage less - Theft - Robbery
than 5k pounds - Burglary - Rape
- Common assault - Sexual assault - Wounding / GBH with
- If s.40 cja 1988 applies - Abh intent [s18 OAPA]
then a summary offence - Possession of class a/b - Children and young
can be on trial on drugs people got special rules
indictment - Possession with intent to to avoid trial on
- s.40 includes : supply class a/b drugs indictment but subject to
A count charging a - Criminal damage less s.24 MCA 1980 and
person with a SO may than 5k pounds s.51 Crime and Disorder
be included in an - Common law public Act
indictment charge if the nuisance - Offences not created by
charge is founded on the - CL outraging public statute are tried on
same facts or evidence decency indictment unless is an
as a count charging - Obstructing carriages or EW offence which sch 1
indictable offence or is a engines on railway Mags Act applies
part of series of offences - Threats to kill
of the same or similar - Inflicting bodily injury
character as an IO with or without weapon
which is also charged - Not providing food to
- The offences to servants or apprentices
which this - Abandoning or exposing
section applies child
A.common assault [ assaulting - Do or endanger any
a prisoner custody officer / railway passengers
secure training centre custody - Assault
officer - Bigamy
B. taking motor vehicle or other
conveyance w/o authority
C. driving a motor vehicle
while disqualified

Note : jury can convict for summary offence even if it is not included in the indictment charge

,Summary only offence

Description Plea Trial Sentence Exception
- Tried and - Usually - If needed - In - Defendant
sentence entered it will be MC charged
d in the in the in MC with either
MC first way or
hearing indictable
before only offence
MC + summary
offence - the
crown court
can hear the
summary
offence

, Indictable only offence

Description Plea Trial Sentence Excpetion
- Only - Although - If - Sentence
capable hearing necessar for
of being will start y it will indictabl
tried and in a MC be in the e offence
sentence but that crown only in
d in the is just an court cc
CC administr
ative
measure
it will
then
proceed
to the
crown
court
because
MC is
incapable
of
hearing
such a
matter

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