Criminal Litigation: 2019/2020

Sharpley

Sujets

• Droit et juridique

Informations

• Publié par: College of Law Publishing
• Date de parution: 01 janvier 0001
• Nombre de lectures: 0
• EAN13: 9781913226114
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

CRIMINAL LITIGATION PRACTICE AND PROCEDURE

Published by
College of Law Publishing,
Braboeuf Manor, Portsmouth Road, St Catherines, Guildford GU3 1HA
© The University of Law 2019
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any way or by any means, including photocopying or recording, without the written permission of the copyright holder, application for which should be addressed to the publisher.
Crown copyright material is licensed under the Open Government Licence v3.0.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library.
ISBN 978 1 913226 03 9
Typeset by Style Photosetting Ltd, Mayfield, East Sussex
Tables and index by Moira Greenhalgh, Arnside, Cumbria
Preface
This book has been written principally for students studying criminal litigation as part of the Legal Practice Course (LPC). The book is designed so that it may be used both by students studying the basics of criminal litigation on the compulsory part of the LPC, and also students studying advanced criminal litigation as an elective subject. Although intended primarily as a student text, it is hoped that the level of detail in the book will also make it of use to trainee and newly-qualified solicitors.
The book concentrates on the practice and procedure of criminal litigation, from the initial investigations carried out by the police through to appeals following conviction. Matters of substantive criminal law arise only where necessary to illustrate a point of practice or procedure, or in the context of the law of evidence.
The book employs a case study to illustrate the most common documents that are created during the course of criminal proceedings, and how such documents should be drafted. In addition, worked examples are used to explain complex points of procedure and evidence. Flowcharts are provided, where appropriate, to demonstrate procedures. Each chapter starts with a section entitled ‘Learning Outcomes’, listing the key points covered. Appendix B includes extracts from the Magistrates’ Court Sentencing Guidelines.
I should like to thank colleagues at The University of Law for their help in preparation of this book, particularly Gary Atkinson, who wrote the first editions, and Sean Hutton. Thanks must also go to David Stott for his ongoing editorial support and guidance.
I have endeavoured to state the law as at May 2019.
In the interests of brevity, the masculine pronoun has been used throughout to include the feminine.
DEBORAH SHARPLEY
London
Many thanks to K Taylor
Contents
PREFACE
TABLE OF CASES
TABLE OF STATUTES
TABLE OF SECONDARY LEGISLATION
TABLE OF ABBREVIATIONS
PART 1 INTRODUCTION
Chapter 1 INTRODUCTION TO CRIMINAL PROCEDURE
1.1 Introduction
1.2 Key personnel
1.3 Classification of offences
1.4 The Criminal Procedure Rules
1.5 Professional conduct
1.6 Legal professional privilege
1.7 Human rights
1.8 Key skills, documents and forms
1.9 Additional sources of information
1.10 Procedural flowcharts
PART 2 THE CLIENT AND THE POLICE
Chapter 2 THE INVESTIGATIVE POWERS OF THE POLICE (1) – OUTSIDE THE POLICE STATION
2.1 Introduction
2.2 Stop and search
2.3 Arrest
2.4 Entry, search and seizure
Chapter 3 THE INVESTIGATIVE POWERS OF THE POLICE (2) – INSIDE THE POLICE STATION
3.1 Introduction
3.2 Procedure on arrival at the police station
3.3 Detention at the police station
3.4 Rights of the suspect
3.5 Interviews and identification evidence
3.6 Charging the suspect
3.7 Bail after charge
3.8 Alternatives to charging
3.9 Commencing a case other than by charge (CrimPR, Parts 4 and 7)
3.10 Complaints about police
3.11 Flowchart – procedure at the police station
Chapter 4 JUVENILES AT THE POLICE STATION
4.1 Introduction
4.2 Initial steps the custody officer must take
4.3 The appropriate adult
4.4 Interviewing juveniles
4.5 Identification procedures
4.6 Samples
4.7 Charging
4.8 Alternatives to charging
Chapter 5 THE ROLE OF THE SOLICITOR AT THE POLICE STATION
5.1 Introduction
5.2 Preparation for attending the police station
5.3 Information gathering on arrival at the police station
5.4 Should the suspect answer questions in interview?
5.5 Role of the solicitor in the interview
5.6 Identification procedures
5.7 Fingerprints and samples
5.8 Charge and bail after charge
5.9 The Police Station Representative Accreditation Scheme
Part 2 Summary – The Suspect and the Police
PART 3 PROCEDURE FROM CHARGE TO TRIAL
Chapter 6 INITIAL HEARINGS IN THE MAGISTRATES’ COURT
6.1 Introduction
6.2 The first hearing
6.3 Procedural overview
6.4 Role of the defence solicitor
6.5 Funding the case
6.6 Taking a statement from the client
6.7 Obtaining details of the prosecution case
6.8 Advising the client on plea
6.9 Plea before venue
6.10 Allocation
6.11 Sending without plea before venue and allocation
6.12 Advising the client on trial venue
6.13 Flowchart – allocation and sending
Chapter 7 BAIL
7.1 Introduction
7.2 Remand periods
7.3 The right to bail
7.4 Exceptions to the right to bail
7.5 Conditional bail
7.6 Procedure for applying for bail
7.7 Further applications for bail
7.8 Appeals against decisions on bail
7.9 Failing to surrender (absconding)
7.10 Breaches of bail
7.11 Procedural flowcharts
Chapter 8 PREPARATION FOR TRIAL IN THE MAGISTRATES’ COURT
8.1 Introduction
8.2 Directions
8.3 Case analysis
8.4 Obtaining additional evidence
8.5 Magistrates’ court case progression form
Chapter 9 SUMMARY TRIAL AND ADVOCACY TECHNIQUES
9.1 Introduction
9.2 Order of events at trial (CrimPR, Part 24)
9.3 Professional conduct
9.4 The prosecution case
9.5 Submission of no case to answer
9.6 The defence case
9.7 The verdict
9.8 Advocacy techniques
9.9 Procedural flowcharts
Chapter 10 THE CROWN COURT
10.1 Introduction
10.2 Cases dealt with in the Crown Court
10.3 Trial by judge and jury
10.4 Getting to the Crown Court
10.5 Standard case management directions and other preliminary matters
10.6 Plea and trial preparation hearing
10.7 Role of the defence solicitor
10.8 Disclosure
10.9 Pre-trial hearings, preparatory hearings and further evidence
10.10 Trial procedure
10.11 Procedural flowcharts
10.12 Key form
Part 3 Summary – Procedure from Charge to Trial
PART 4 SENTENCING AND APPEALS
Chapter 11 SENTENCING – THE LAW
11.1 Introduction
11.2 Purpose of sentencing
11.3 Types of sentence
11.4 Principles of sentencing
11.5 Custodial sentences
11.6 Community sentences
11.7 Fines
11.8 Conditional and absolute discharges
11.9 Flowchart – the sentencing ladder
11.10 Reduction in Sentence for a Guilty plea – Definitive Guideline
Chapter 12 SENTENCING IN PRACTICE
12.1 Introduction
12.2 Pre-sentence reports
12.3 Role of the defendant’s solicitor
12.4 Newton hearings
12.5 Sentencing procedure
12.6 Professional conduct
12.7 Plea in mitigation
12.8 Procedural flowcharts
Chapter 13 APPEALS
13.1 Introduction
13.2 Appeals from the magistrates’ court (including the Youth Court)
13.3 Appeals from the Crown Court
13.4 Appeals to the Supreme Court (CrimPR, Part 43)
13.5 Procedural flowcharts
Part 4 Summary – Sentencing and Appeals
PART 5 SPECIFIC TYPES OF PROCEEDINGS
Chapter 14 THE YOUTH COURT
14.1 Introduction
14.2 Aims of the youth justice system
14.3 Youth offending teams
14.4 Role of parents and guardians
14.5 Reporting restrictions
14.6 Legal representation
14.7 Jurisdiction
14.8 Bail
14.9 Sentencing
14.10 Appeals
14.11 Flowchart – the sentencing ladder in the Youth Court
Chapter 15 ROAD TRAFFIC OFFENCES
15.1 Introduction
15.2 Specific offences
15.3 Endorsement
15.4 Penalty points
15.5 Disqualification from driving
15.6 Mitigation
15.7 Flowchart – avoiding penalty points or disqualification from driving
PART 6 EVIDENCE
Chapter 16 INTRODUCTION TO EVIDENCE
16.1 Introduction
16.2 Burdens and standards of proof
16.3 What is evidence?
16.4 Forms of evidence
16.5 Witnesses as to fact
16.6 Expert evidence
16.7 Flowchart – admissibility of evidence
Chapter 17 VISUAL IDENTIFICATION EVIDENCE AND CORROBORATION
17.1 Introduction
17.2 The Turnbull guidelines
17.3 The Turnbull guidelines in the Crown Court
17.4 The Turnbull guidelines in the magistrates’ court
17.5 Disputed identification evidence
17.6 Other forms of visual identification
17.7 Corroboration
17.8 Flowchart – visual identification evidence
Chapter 18 INFERENCES FROM SILENCE
18.1 Introduction
18.2 Criminal Justice and Public Order Act 1994, s 34
18.3 Criminal Justice and Public Order Act 1994, s 36
18.4 Criminal Justice and Public Order Act 1994, s 37
18.5 Silence at trial
18.6 Procedural flowcharts
Chapter 19 HEARSAY EVIDENCE
19.1 Introduction
19.2 What is hearsay evidence?
19.3 The rule against hearsay evidence
19.4 The statutory definition of hearsay evidence
19.5 Exceptions to the rule excluding hearsay evidence
19.6 Challenging the credibility of hearsay evidence
19.7 Stopping the case where evidence is unconvincing
19.8 The general discretion to exclude evidence
19.9 Procedure for admitting hearsay evidence
19.10 Procedural flowcharts
Chapter 20 CONFESSION EVIDENCE
20.1 Introduction
20.2 What is a confession?
20.3 Admissibility of confession evidence
20.4 Challenging the admissibility of a confession: PACE 1984, s 76
20.5 Challenging the admissibility of a confession: PACE 1984, s 78
20.6 Procedure for challenging the admissibility of a confession
20.7 Evidence obtained as the result of an inadmissible confession
20.8 Procedural flowchart – confession evidence
Chapter 21 EXCLUSION OF EVIDENCE
21.1 Introduction
21.2 Police and Criminal Evidence Act 1984, s 78
21.3 Illegal searches