Distinction level notes for the LPC at University of Law. Laid out in clear table format and covering all course content in workshop order for the 2018/19 course, these are the most up to date and comprehensive LPC notes currently available, and include step-by-step model answers and specimen paper...
, CASE ANALYSIS
[NAME] has been arrested on suspicion of [ACTION] contrary to [SECTION]
A person is guilty of [ACTION] if they [REQUIREMENTS]
Theft
s1 Theft Act 1968
AR: appropriation of property belonging to another
STEP ONE MR: dishonestly and with intention to permanently deprive
Either way offence
ELEMENTS OF
THE OFFENCE Robbery
s8(1) Theft Act 1968
AR: committed theft and in order to steal either used force/threat or put the victim in fear of
immediate force either before or at the time of the theft
MR: intention or recklessness as to the force; dishonesty and intention to permanently deprive (as to
theft element)
Indictable offence
ABH
s47 OAPA 1861
AR: used unlawful force against the victim causing them an injury that is more than transient
MR: intention or recklessness as to the unlawful force
Either way offence
The prosecution must prove the following (ensure is given based on the facts):
Who:
STEP TWO What:
When:
WHAT THE
Where:
PROSECUTION
How:
MUST PROVE &
BURDEN OF
Burden of Proof
PROOF
The legal burden of proof will be on the prosecution throughout the case and the evidence must prove
that [NAME] committed the offence beyond reasonable doubt. The prosecution have the initial
evidential burden to show that [NAME] has a case to answer to and defend.
The defence may then raise the defence of alibi (below)
List each piece of evidence given, including bad character evidence
State how each one applies to the elements of the offence set out above
i) Statements
ii) List of Previous Convictions
STEP THREE iii) Recorded Interviews
EVIDENCE GIVEN
Additional Evidence (that prosecution could obtain)
Handwriting analysis/finger printing/CCTV/entry logs/records (base on facts)
STEP FOUR Include any innocent explanation for evidence against them or any dispute over the admissibility of
certain evidence
STATE SUSPECT’S [NAME]’s case is that he did not commit [OFFENCE]”
DEFENCE
Note that the suspect can give oral testimony in their own defence in court (but is not under an
obligation to do so; s1(1) CEA 1998)
STEP FIVE If the evidential burden does indeed move to [NAME] to rebut the prosecution’s allegation, [NAME]
should provide facts and evidence in support of his defence (though the defendant is not under any
STATE THE
evidential burden to show their innocence)
EVIDENCE THAT
To rely on an alibi, [NAME] would be required to give evidence in support of this defence (alibi and
SUPPORTS THE
self-defence have an evidential burden; requires some evidence to be produced to court, but does
1
,DEFENCE not need to prove the defence)
Insanity has to be proven by the defence “on the balance of probabilities”
Burden of Proof
The prosecution then must prove that this defence is not true beyond reasonable doubt
2
, THE POLICE STATION
PACE 1984: detention, stop and search, questioning
Codes of Practice provide detailed advice and guidelines (Issued by Home Secretary)
POLICE POWERS S67(11) PACE: obliges the court to take into account any relevant breaches of the Codes in relation
to an issue in the proceedings (a breach could be used to contest the admissibility of some
evidence)
The breach of the codes is not an offence or a civil wrong
WHO BRINGS CPS / HMRC / Local Authorities / Trading Standards
PROSECUTION In exceptional circumstances, an individual
Begun by either “laying an information” before a magistrate or “making an arrest”
Laying an Information
Typically for motoring offences
Laid before a magistrate
Making an Arrest
Suspect is taken to the station and charged or released after questioning
COMMENCING
They must have “suspicion”: where proof is lacking; Hussein
PROSECUTION
Can arrest in anticipation of an offence if one from s24(5) is followed:
a) Enable the name of the person in question to be ascertained
b) Correspondingly as regards their address
c) To prevent the person from:
i) Causing physical injury to themselves or another
ii) Suffering physical injury
iii) Causing loss or damage to property
iv) Committing an offence against public decency
v) Causing unlawful obstruction to the highway
d) To protect a child/vulnerable person from the person in question
e) Allow prompt and effective investigation of the offence
f) To prevent prosecution being hindered by their disappearance
They have the power to arrest without a warrant under s24 (above)
They must tell the arrested person they are under arrest and the grounds; s28
DUTIES OF They must caution the suspect before questioning as per Code C Paragraph 10.1 “you do not have to
ARRESTING say anything, but it may harm your defence if you do not mention something and later try to rely on
OFFICER it at trial” (Paragraph 10.4)
Must take the suspect to the police station immediately after arrest unless it is reasonable to carry
out other investigations elsewhere; s30 (if not, take as soon as is practicable; s30(1A))
Must bring the suspect to the custody officer ASAP (Code C Paragraph 2.1A)
Custody Officer must be at least the rank of sergeant and unconnected to the investigation; s36
Must tell the suspect (both oral and written) of their rights to:
Free independent legal advice; s58
Read the Codes of Practice
Have someone informed of their arrest; s56
DUTIES OF Custody Officer then considers whether there is sufficient evidence to charge; s37
CUSTODY A Custody Record must be opened (s36) which states (check on facts):
OFFICER
Reason for arrest (Code G Paragraph 4.3)
Reason for detention
The time they were told of their right to legal advice
Suspect’s response and any comments made
The time the legal advisor arrived
List of property suspect had on them on arrival
If insufficient evidence, detention without charge may be authorised; s37(3)
An interview must only take place at the police station; Code C Paragraph 11.1
May search and seize items that could be used by suspect to harm themselves or others; s54(3)
Relevant Time
Suspect arrives at the station as volunteer: from time of arrest; s41(2)(c)
Suspect arrested and taken to station: from time of arrival at station; s41(1)
Suspect arrested and given street bail: from time of attendance at station; s41(2)(ca)
Suspect arrested and taken elsewhere first before arrival: at time of detention; s40
3
, Time Held
s41 Suspect must be released after 24 hours if not charged, unless (below)
A superintendent or above extends this to 36 hours if:
DETENTION s42 The offence is either way or indictable
WITHOUT Reasonable grounds for believing it necessary to secure/preserve evidence
CHARGE Investigation is being carried out diligently and expeditiously
Police obtain warrant from magistrates, in which case it can be extended to 72 hours total if:
s43 The offence is indictable only
Reasonable grounds for believing it necessary to secure/preserve evidence
Investigation is being carried out diligently and expeditiously
s44 Magistrates may extend the time to 96 hours (absolute maximum) in exceptional cases where
there are reasonable grounds for justifying further detention
Reviews
1) The first review must take place within 6 hours of time detention is authorised; s40
2) Second review must take place within 9 hours of the first review
3) Subsequent reviews must take place at intervals of not more than 9 hours
Reviews must be carried out by at least the rank of inspector and by someone not involved with
the investigation; s40(2)(b)
If the reviews are not carried out, the police will be liable in the tort of false imprisonment
Roberts v Cheshire Constabulary
Check, on the facts, that these reviews have been conducted at the correct intervals
CODE C
PARAGRAPH MEANING
1.1 Deal with all persons in custody expeditiously
LEGAL ADVICE
6.1 Inform suspect that they may consult a solicitor at any time
6.4 Do not dissuade suspect from getting any legal advice
6.6 Do not interview suspect who wants legal advice until they have it (unless superintendent)
DETENTION CONDITIONS
8.2 Cell must be adequately heated, cleaned and ventilated
8.3 Bedding must be clean and adequate
8.4 Access to toilet and washing facilities
8.6 & B Two light meals and one main meal every 24 hours, drinks on reasonable request
CAUTIONING
10.3 Person may be cautioned on their arrest unless it is impossible to do so because abusive
10.4 Sets out the wording of the caution (consider special cautions)
INTERVIEWING
11.1 Interviewing must only take place at the police station
11.2 Suspect should be reminded of the right to free legal advice
11.18 Interviewing shouldn’t take place if suspect doesn’t understand the significance (drunk)
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