BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Criminal Law
Study guide
Criminal Law - High Distinction
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Course
Criminal Law
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BPP University College Of Professional Studies Limited (BPP)
I achieved a High Distinction on the LPC at BPP (London Holborn) using these notes and used them to secure a job and a training contract at a well-known FTSE 100 company. The LPC is all about having a good set of notes and learning them. Using these notes, you will have all of the key information...
BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Criminal Law
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DOWNLOAD CONSOLIDATION SLIDES FROM VLE
CRIMINAL LITIGATION
Adversarial system – burden of proof (beyond reasonable doubt) always on prosecution
All cases commence in Magistrates Court
o In order to decide appropriate court – D invited to indicate ‘plea before venue hearing’ (s17A
Magistrates Courts Act 1980)
o If D enters ‘Guilty’ plea:
Magistrates carry out sentencing unless nature of offence / history of D exceeding
magistrates powers
Can be referred to Crown Court under s3 Powers of Criminal Courts (Sentencing) Act
2000
o If D enters ‘Not Guilty’ plea:
Magistrates will hear representations from both parties to determine appropriate Court
(s19 MCA 1980)
Allocation Guidelines – tried summarily unless sentence would clearly be in excess of
magistrates’ powers or where case is unusually complex
Magistrates sentencing powers (s78 PCC(S)A / s133 MCA 1980):
o 1 or more summary only offence = Maximum 6 months’ imprisonment
o 1 either way offence = Maximum 6 months’ imprisonment
o 2 or more either way offences = Maximum 12 months’ imprisonment
Types of offences:
o Summary only – Magistrates Court only
o Triable either way – Magistrates Court OR Crown Court
o Indictable only – Crown Court only
CrPR = Criminal Procedure Rules 2015
Rule 1 – Overriding Objective to deal with cases justly
Rule 1.1(2) – Court considers interests of all parties
,
, THEFT
Theft
o Prosecution must prove beyond reasonable doubt, that the D:
Dishonestly;
Appropriated
Property
Belonging to another
With intention permanently to deprive the victim of the property
s1 Theft Act 1968
o Dishonesty (R v Ghosh)
Was it dishonest by ordinary standards of reasonable / honest persons?
Must D realised that what they were doing was dishonest by those standards?
o Appropriation
o Intention to permanently deprive
Triable E/W:
o Indictment = maximum 7 years imprisonment and/or fine
o Summarily = 6 months imprisonment and/or fine
BURGLARY
ROBBERY
s8 TA1968 – Theft and accused must either:
a) use force on any person either immediately before or at the time of the theft;
b) put, or seek to put, any person in fear of being, then and there, subjected to force in order to steal
(does not include accidental force)
Indictable only = maximum life imprisonment
GOING EQUIPED FOR THEFT
s25 TA 1968
Triable E/W
o Indictment = 3 years imprisonment
o Summarily = 6 months imprisonment and/or fine
OFFENCES AGAINST THE PERSONS
Common Assault – s39 Criminal Justice Act 1988
o Actus Reus for battery requires unlawful application of force (no injury needed)
o Mens Rea for assault / battery:
Intention to cause apprehension of immediate unlawful violence
Subjective recklessness as to that consequence (‘Cunningham’ recklessness)
o Summary only = maximum 6 months imprisonment
Assault occasioning ABH – s47 OAPA
o ABH must be consequence directly / indirectly of D’s actions
o ABH includes psychiatric shock – mens rea same as assault / battery but if harm is caused then
prosecution need not prove foresight of injury / harm
o Triable E/W:
Indictment = maximum 5 years imprisonment
Summarily = maximum 6 months imprisonment and / or fine
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