Concise Criminal Litigation study guide/revision notes covering all content you would need to achieve a high Distinction grade; I achieved 93% using these notes.
The notes were written for the course using BPP answer guides and from SGSs/lectures. They contain all of the important info and are ...
Notes created using BPP materials and statute for the purpose of assisting existing BPP LPC students in BPP LPC exams only. They are
intended to be used as a supplemental tool to aid revision in conjunction with BPP materials, not as a replacement for them.
Theft S1 Theft Act EW Dishonest appropriation of property belonging to
1968 another with intention to permanently deprive
Burglary S9(1)(a) TA EW Entry into a building/part of a building as a trespasser
1968 + Intent to commit theft, GBH, attempted theft or
attempted GBH
S9(1)(b) TA EW As above but actual commitment of the offences
1968
Robbery S8 Theft Act Indictment Theft +
1968 Force used on any person immediately before or at the
time of theft; or
Put/seek to put any person in fear of being subjected to
force in order to steal
Going equipped S25 TA 1968 EW Any person when not at his place or abode has with him
for theft any article for use in the course of or in connection with
any burglary or theft
Common S39 CJA 1988 Summary Unlawful application of force; and
assault only Intention/recklessness to cause such apprehension
Assault S47 OAPA EW Infliction of ABH; and
occasioning ABH 1861 Intention/recklessness to cause apprehension of
unlawful force
GBH S20 OAPA EW Wounding/inflicting GBH; and
1861 Intention/recklessness as to some bodily harm
S18 OAPA Indictment Wounding/causing GBH; and
1861 Intention to cause GBH or as above + intention to resist
arrest
Affray S3 POA 1986 EW Use/threat of violence causing the bystander to fear for
his personal safety
Fear of S4 POA 1986 Summary Used threatening, abusive or insulting words/behaviour
Provocation of only (q of fact) towards another causing that person to
Violence believe that immediate unlawful violence will be used
against him or to provoke the immediate use of unlawful
violence
,Possession of S5(2) MDA EW Physical control of the substance
Controlled 1971
Drugs
Supplying a S4(3) MDA EW Actual supply of or making of an offer to supply a drug,
controlled drug 1971 participation of the accused and knowledge by the
accused of the enterprise
Possession of S5(3) MDA EW Controlled drug in his/her possession + Intention to
Controlled 1971 supply that substance to another
Drugs with
Intent to Supply
Possessing an S1 PCA 1953 EW Possession + offensive weapon + public place
Offensive Without lawful authority or reasonable excuse
Weapon in a Any article made or adapted for use for causing injury to
Public Place the person, or intended by the person having it with him
for such use by him or another
Includes innocent articles eg keys
2
, CJ SYSTEM
Adversarial system → 2 advocates represent their parties before an impartial person
Burden of proof = Prosecution to prove BRD
2 courts of first instance = court that can decide upon somebody’s guilty
• Magistrates Court
o Comprised of 3 lay magistrates (bench) or a FT district judge (criminal)
o Deal with bail, plea, allocation, trial, admissibility of evidence, sentence
o ALL criminal cases commence here
• Crown Court
o Circuit judge
o Deals with all matters except guilt – determined by jury
→ different to first appearance at Magistrates
Indictable = case may be (but not necessarily) dealt with at Crown Court
Indictable only = case can only be dealt with at Crown Court
3 types of offences
• Indictable only → Only a Crown Court can hear – serious
• Summary only
• Either way
Indictable only
Magistrates’ Court 1st hearing
Funding Bail/Sending s51
I
Crown Court 1st appearance
Plea Trial Prep
I
Guilty Plea Not Guilty Plea
Sentence Trial
Summary only
Magistrates’ Court 1st hearing
Funding Bail
I
Guilty Plea Not Guilty Plea
I
Sentence Trial Fixed
3
, Either way
Magistrates’ Court 1st hearing
Funding Bail
I
Plea before venue
Guilty Plea Not guilty Plea
I
Sentence Allocation
If a client confides to his lawyer he has committed an offence:
• His confession is covered by legal privilege
• He is entitled to plead not guilty, sit through the trial and see if the prosecution can prove its case
4
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