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Summary Criminal Litigation, Evidence & Sentencing
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- Bar Manuals
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- City University (City)
Key points for Criminal Litigation Exam Writer utilised to pass Bar exam in one sitting
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Table of Contents1 OVERVIEW OF CRIMINAL PROCEEDINGS
THE CLASSIFICATION OF OFFENCES
Certain summary offences to appear on indictment if linked to indictable offence
o Common assault
o Taking a motor vehicle without consent
o Driving whilst disqualified
o Criminal damage where value does not exceed £5,000
Common law offences are all indictable only
Offence Classification
Theft Either-way
Robbery Indictable only
Burglary Either way (but if burglary comprises commission of indictable
only offence; or dwelling burglary with violence; or domestic
burglary by adult with two previous convictions for domestic
burglary, then offence becomes indictable)
Fraud Either-way
Sexual Either-way
Rape Indictable only
Common assault Summary only
ABH Either-way
s18 GBH Indictable only
s20 Wounding Either-way
Criminal damage Either-way unless value £5000 or less; summary only
Possession Class A Either-way
Possession Class B Either-way
Possession with intent to Either way
supply Class A
Possession with intention Either way
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, to supply Class B
STRUCTURE OF CRIMINAL COURTS IN ENGLAND AND WALES
D3.3 – Structure of Crown Court
Different location classified according to (a) geographical position and (b) status
Each circuit presided over by High Court judge (presiding judge); responsibility –
taking certain decisions about the administration and distribution of work on the
circuit
(b) location are either first, second or third tier
First-tier location, High Court judge regularly sit; at third-tier, High Court judge do
not normally sit
Most serious cases committed to first or second tier
D3.4 – Judges of Crown Court
High court judge, circuit judge or recorders
Heard before a single professional judge except where there is provision for justices
to sit with such a judge
D3.10 – Role of Justices in the Crown Court
Decision of the court may be by a majority
Where evenly numbered, professional judge has a casting vote
Justices participate equally not only to the determination of the appeal but also to
interlocutory decisions (i.e. admissibility of evidence)
In matters of law – justices must take a ruling from the presiding judge; just like juries
D3.14 – Appeals
Person convicted/sentenced in the Magistrates’ court may appeal to the Crown Court against
conviction/sentence
D3.16 – Summary Offences
Crown Court have jurisdiction to deal with some summary offences (notes above)
Judge would deal with the offence if he or she were a magistrate
D3.17 – Bail
Crown court has jurisdiction to grant bail to a person:
(a) Who has been sent to it in custody for trial or sentence;
(b) Who is appealing to it from magistrates’ court
(c) Who is appealing from it to the Court of Appeal and has been granted a certificate that
the case is fit for appeal
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, (d) Who has been remanded in custody by a magistrates’ court following an argued bail
application
D3.19 - Magistrates Court
Majority of justices are unpaid lay men and women; minority are salaried district
judges
Exercised by at least two lay justices or one district judge
D3.23 – Jurisdiction
May try an either-way offence committed by an adult if:
(a) The offence is not so serious that the court’s powers of punishment in the event
would be inadequate, and
(b) The accused agrees in the event of conviction, the court may impose a penalty of
anything up to six months imprisonment and/or an unlimited fine
Where magistrate convict an adult of either-way offence – may commit the offender
to the Crown Court for sentence if the court consider the powers of punishment to be
inadequate (PCC(S)A 2000 s3)
D30.3 – Appeal to the Supreme Court from the Court of Appeal (Criminal Division)
Only if CA/Supreme Court considers appeal involves a point of law of general public
importance
CA must certify that the appeal involves a question concerning a point of law of
general public importance
Must be made no more than 28 days after the decision, or the date on which the court
gives the reason for its decision
If CA certifies a question but leave to appeal refused – party may apply for leave to
the Supreme Court within 28 days
THE FUNDING OF CRIMINAL CASES
In deciding whether or not to grant a representation order
(a) Whether, if any matter arising in the proceedings is decided against the individual, the
individual would be likely to lost his or her liberty or livelihood or to suffer serious
damage to his or her reputation
(b) Whether the determination of any matter arising in the proceedings may involve
consideration of a substantial question of law
(c) Whether the individual may be unable to understand the proceedings or state his or
her own case
(d) Whether the proceedings may involve the tracing, interviewing or expert cross-
examination of witnesses on behalf of the individual, and
(e) Whether it is in the interests of another person that the individual be represented
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, THE OVERRIDING OBJECTIVE AND THE CASE MANAGEMENT FUNCTIONS
OF THE COURT
D4.3 – The Overriding Objective
Overriding objective cases be dealt with justly
Dealing with a criminal case justly includes:
(a) Acquitting the innocent and convicting the guilty
(b) Dealing with the prosecution and defence fairly
(c) Recognising the rights of a defendant, particularly those under Art6 of ECHR
(d) Respecting the interests of witnesses, victims and jurors and keeping them
informed of the progress of the case
(e) Dealing with the case efficiently and expeditiously
(f) Ensuring the appropriate information is available to the court when bail and
sentence are considered
(g) Dealing with the case in ways that take into account
i. The gravity of the offence alleged
ii. The complexity of what is in issue
iii. The severity of the consequences for the defendant and other affected
iv. The needs of other cases
D4.8 – Case Management
Court must further the overriding objective by ‘actively managing the case’
D4.9 – The Court’s Role
Elements of active case management: early identification of issues, needs of
witnesses, achieving certainty about what is to be done, by whom and when, and by
the setting of a procedural timetable
Monitor the progress of the case and compliance with directions, discourage delay,
promote cooperation and avoid unnecessary hearings
r.3.5(2)(h) Court’s power to require that issues are identified in writing and to
determine the order they are decided in
r3.13 power to manage the trial or appeal itself
D4.10 Balancing Efficiency and Fairness
Decision to proceed with a trial in the absence of D was not to be made solely for reasons of
expedition.
D4.13 – The Duties of the Parties
Parties have a duty to actively assist the court in fulfilling the court’s obligation actively to
manage the case
D4.14 – Case Progression Officers
Responsible for progressing the case, ensuring that party’s compliance with court directions,
and alerting other parties to anything which may interfere with the smooth progress of the
case
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