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The Criminal Process – Workshop 2 (SGS 4)LLB (HONS)
LW4005 – THE CRIMINAL PROCESS
WORKSHOP 2 (SGS 4):
WEEK COMMENCING 26th February
Subject Areas
This session will cover:
Funding a criminal case
The first hearing in Magistrates’ Court
The Allocation procedure for “either way” offences
Court remand on bail and in custody (including the statutory framework for bail in
criminal proceedings created by the Bail Act 1976 and the procedure for making a
bail application).
Skills
This session will develop the following skills:
Documentary analysis
Application of the legal and procedural rules to a factual scenario
Group discussion and group work
Understanding statutory rules
Aims
This session aims to:
1. Develop your understanding of how criminal cases are funded and the procedure to be
applied.
2. Identify the procedure to be adopted at an Allocation hearing for determining where
an “either way” offence should be tried.
3. Introduce you to the law and procedure relating to bail after charge.
4. Develop your understanding of the basis of a prosecution and defence submission in
the context of a bail application.
1
, The Criminal Process – Workshop 2 (SGS 4)
Outcomes
By the end of this session you will:
1. Be able to identify when an accused person may apply for a Representation Order and
the procedure for doing so.
2. Understand what happens at an Allocation Hearing and be able to give advice about
where an “either way” offence should be tried.
3. Understand the legal rules that apply to court bail
4. Understand the role of the prosecution and defence in the context of a bail application
and the basis of prosecution and defence submissions on bail.
Preparation & Reading
Re-familiarise yourself with the relevant case study materials (R v Redfairn & Morse).
Related Criminal Procedure Lectures
‘Making a bail application’ template and ‘Bail Act 1976 summary’ document
available via Blackboard
SRA Code of Conduct (see link on Blackboard) you will need to refer to this to
answer Task 2 – question (vi)
Sharpley, Criminal Litigation: Practice and Procedure, chapters 6 & 7
Materials for the session
Bring the following materials with you to the session:
1. These materials
2. The case study documents (R v Redfairn & Morse)
3. A completed version of the Either Way Offences flowchart (available on the module
Blackboard site)
4. The Bail Act 1976 Summary document
5. The Making a Bail application template
6. Your answers to Tasks 1 – 3 below
Schedule of Activities
TIME ACTIVITY
25 mins Task 1 – Funding a criminal case
30 mins Task 2 – First hearing at the Magistrates’ Court (including
the Allocation procedure)
45 mins Task 3 – Bail
2
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