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Pearlagius

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34 items

Criminal Litigation - Appeals from the magistrates’ courts and from the Crown Court in its appellate capacity

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1. the power of the magistrates to rectify mistakes 2. the general right of appeal from the magistrates’ court to the Crown Court 3. the procedure in the Crown Court for dealing with the appeal 4. the powers of the Crown Court on appeal, including the power to increase sentence 5. appeal to the High Court by case stated and by judicial review 6. appeals from the Crown Court 1. the power of the Crown Court to rectify mistakes as to sentence 2. the right to appeal to the Court of Appeal...

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  •  • 14 pages • 
  • by pearlagius • 
  • uploaded  16-07-2024
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Criminal Litigation - Sentencing Principles

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1. purposes of sentencing and sentencing guidelines 2. assessment of seriousness, reduction in sentence for guilty plea, aggravating and mitigating factors, the totality principle and prevalence 3. pre-sentence reports, medical reports, and victim personal statements 4. indications as to sentence 5. sentencing in the Crown Court 6. sentencing procedure in the magistrates’ courts 7. committal for sentence

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  •  • 7 pages • 
  • by pearlagius • 
  • uploaded  16-07-2024
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Criminal Litigation - Youth Courts and the appearance of youths in other courts

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1. the categorisation of youths into ‘child’ and ‘young person’ 2. procedure in the youth court 3. circumstances in which a youth will appear in the adult magistrates’ courts and the Crown Court, including reference to how the dangerous offender provisions apply to youths 4. the sentences available to the youth court

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  •  • 6 pages • 
  • by pearlagius • 
  • uploaded  16-07-2024
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Criminal Litigation - Non-custodial sentences

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1. custodial sentences in the Crown Court and magistrates’ courts 2. restrictions on imposing custodial sentences 3. length of sentence 4. mandatory and minimum sentences 5. suspended sentences

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  •  • 5 pages • 
  • by pearlagius • 
  • uploaded  16-07-2024
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Criminal Litigation - Inferences from the defendant’s silence and other conduct

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1. evidential significance of the defendant’s lies and directions that should be given to the jury 2. inferences from the defendant’s failure to mention facts when questioned 3. inferences from the defendant’s failure to account for objects, substances and marks and from the defendant’s failure to account for their presence at the scene of a crime 4. inferences from the defendant’s failure to testify in their own defence during the trial, including the advice that should be given ...

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  •  • 3 pages • 
  • by pearlagius • 
  • uploaded  16-07-2024
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Criminal Litigation - Confessions and unlawfully or unfairly obtained evidence

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1. the definition of confessions under the Police and Criminal Evidence Act 1984 2. admissibility and exclusion of confessions 3. determining the admissibility of confessions and the voir dire procedure 4. the admissibility of evidence obtained as a result of inadmissible confessions 5. the exclusion of other prosecution evidence at common law and under section 78 of the Police and Criminal Evidence Act 1984 6. common categories of evidence that may be the subject of applications to exclud...

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  •  • 6 pages • 
  • by pearlagius • 
  • uploaded  16-07-2024
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Criminal Litigation - Jury Trial Procedure

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1. proceeding in the absence of the defendant 2. unrepresented defendants 3. abuse of process in the Crown Court 4. procedural steps in a jury trial, including the different ways in which evidence may be presented or proved, dealing with points of law during the trial and submission of no case to answer 5. speeches and summing up 6. verdicts, including majority verdicts and conviction of a lesser offence

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  •  • 9 pages • 
  • by pearlagius • 
  • uploaded  16-07-2024
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