6 page document (double column) covering the whole of the Criminal Litigation course written specifically for the 22/23 year. This is helpfully sorted by SGS and contains all the in-depth material needed for the Criminal Litigation course.
notes by serenalky @ stuvia // https://www.stuvia.com/user/serenalky
CRIM LIT NOTES
establish what disputed issues they
wish to explore. Where a defendant
is raising a defence then this will be
SGS 1 - Criminal Justice an issue in dispute – e.g. was it an
System assault or self defence and the
defence would have to outline what
the defence was – Crown says the
• All cases begin in the magistrates’ defendant walked up to the victim
and took an unprovoked punch at
court. After his 1st appearance in
the magistrates’ court all further the victim. The defence would have
to outline what part of the
court hearings for Fred will take
place in the Crown Court. prosecution case they dispute –
• It is the prosecution that brings the Why was the punch not
unprovoked, what is the evidence of
case and therefore the prosecution
must call its witnesses first. the self defence.
• See Rule 3.5 (6) If a party fails to
• The magistrates' maximum
comply with a rule or direction the
sentencing powers are 6 months
court may impose any sanction as
unless a defendant is convicted of
two or more either way offences. may be appropriate. This includes
• Public Funding consists of two refusing to allow evidence to be
adduced.
tests; means and merits.
• Plea before venue and allocation
Defendants in receipt of
appropriate benefits are procedures only apply to either way
offences.
automatically passported on the
• Common assault is summary only.
means test. Even if a defendant
In accordance with s. 78 PCC(S)A
passes the means test he still must
show the court that it is in the 2000 the maximum sentence is 6
months.
interests of justice for him to pass
the merits test. The application form
for public funding is the CRM 14. SGS 2 - Police Powers
One of the main reasons that a
defendant will pass the merits test
is because he will be going to trial
and/or receive a custodial • Section 1 PACE 1984 requires a
sentence. police officer to have reasonable
• Level of officer - A superintendent grounds for suspicion that he/she
can authorise an extension of 12 will find stolen or prohibited articles.
hours provided certain criteria are • Blood is an intimate sample under
met (s.42 PACE). s.65 PACE 1984 and is governed
• Relevant time - The maximum by s.62 PACE 1984. Consent in
period that a suspect can be writing is mandatory for intimate
detained without charge is 24 hours samples.
from the relevant time which is the • Code C Annex B indicates that
time of arrival at a police station delaying access to a solicitor is a
(s.41 PACE) very serious step.
• Under Rule 3.2 and Rule 3.11 (a) • The police can delay requests to
the court must identify the real inform of arrest if an officer of the
issues in the case and with the rank of inspector has reasonable
active assistance of the parties grounds to believe that it would
hinder the recovery of property
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, notes by serenalky @ stuvia // https://www.stuvia.com/user/serenalky
obtained as a result of the burglary and it must be established
as per s.56 PACE 1984. that this assault or battery
occasioned (i.e. caused) the
victim actual bodily harm.
SGS 3 - Inferences o An assault requires conduct
which causes the victim to
apprehend the imminent
• If all offences are either way, the application of unlawful force
maximum sentence in the upon him.
magistrates' court would be 12 o A battery requires the
months custody as there are two or unlawful application of force
more either way offences. upon the victim. Battery
• An offensive weapon is an article need not necessarily be
made for causing injury, an article preceded by any assault.
adapted to cause injury, an article o 'Actual bodily harm' has
which the person carrying it intends been defined as any injury
to use for the purpose of causing which is 'calculated to
injury. interfere with the health or
• It is perfectly possible for a suspect comfort of the victim'. Minor
who has remained silent to be cuts and bruises may satisfy
charged if there is sufficient this test although often ABH
evidence. is charged for injuries such
• A defendant has three options at as broken teeth, extensive
interview: bruising or cuts etc., which
o 1. to answer questions require medical treatment.
(give an interview); or • Mens Rea
o 2. to go 'no comment ' ; or o The mens rea of a s. 47
o 3. to hand in a prepared offence is no different from
statement. The statement is that required in respect of a
normally handed in at the common assault or battery.
start of the interview and An assault or battery must
sets out the defendant’s be committed intentionally
defence. or recklessly.
• The police are under no obligation • CJPOA 1994:
to let the suspect or his solicitor o Section 34 - Effect of
know what evidence they possess. accused's failure to mention
The only item the police are facts when questioned or
required to disclose is the custody charged
record ( COP C 2.4). However, if o Section 38 - No conviction
insufficient disclosure is made then wholly or mainly on silence
the solicitor may feel he is unable to • A jury can be directed to draw an
advise his client properly and inference under sections 34, 36 and
advise 'no comment'. The lack of 37 ( provided the special warnings
disclosure could later be used as a were given in relation to sections 36
reason to justify the 'no comment' and 37). An inference cannot be
interview and try and prevent the drawn if legal advice was not
court drawing an inference from the offered or withheld pursuant to s.
suspect's silence. 58(6)/ annex B Code C.
• Common assault is a summary only • A defendant can never be convicted
offence. As a result the maximum on silence alone.
sentence that can be imposed in • Carrying an item to use in self
the magistrates' court is 6 months. defence is not a defence as in fact
• Actus Reus for ABH she is admitting to carrying an item
o An offence under s. 47 must with the intent to cause injury.
involve an assault or battery
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