Revision notes for the Advanced Criminal Law and Practice elective on the LPC at the University of Law. Notes written in the academic year 2020/21 and distinction worthy in that year.
ADVANCED CRIMINAL LAW AND PRACTICE
Road Traffic Offences
Criminal Procedure Rules
Police Powers and Duties
Investigative powers of the police
Arrest
Authorisation of detention
Rights of the suspect
Role of the solicitor
The interview
Identification evidence
Charging decisions
Case Analysis
First Court Appearance
Bail
Grounds for refusing bail
Procedure for granting bail
Breach of bail
The Crown Court
Sending to the Crown Court
The PTPH
Disclosure of evidence
The trial
Hearsay Evidence
Character Evidence
Visual Identification Evidence
Special Measures
Sentencing
Appeals
Young Offenders
Representing juveniles at the police station
Representing juveniles in the Youth Court
,ROAD TRAFFIC OFFENCES
The most common road traffic offences include:
• Causing death by dangerous driving (DD80) – obligatory disqualification and 3-11 points
• Dangerous driving (DD40) – obligatory disqualification and 3-11 points
• Careless or inconsiderate driving (CD/CD10) – discretionary disqualification and 3-9 points
• Driving or attempting to drive when unfit through drink or drugs (DR80) – obligatory, 3-11
• Driving or attempting to drive with excess alcohol (DR10) – obligatory, 3-11 points
• Driving otherwise than in accordance with a licence (LC20) – discretionary, 3-6 points
• Using motor vehicle whilst uninsured (IN10) – discretionary disqualification and 6-8 points
• Failing to stop after an accident – discretionary disqualification and 5-10 points
• Speeding offences (SP) – discretionary disqualification and 3-6 points
See p311 for more offences
Endorsable offences are those where the offence will be endorsed on the driver’s licence, details
sent to the DVLA, and points placed on their licence
When a licence is endorsed, the name of the magistrates’ court, date and details of offence, date
and details of conviction/sentencing, and penalty imposed must also be recorded (CrimPR 29)
The defendant will surrender their licence to the court, to be sent to the DVLA for endorsement
Penalty points will be imposed only if the defendant is not disqualified
If multiple offences are committed on the same occasion, usually points will only be given for the
most serious offence, although all will be endorsed on the licence
The court must endorse some points, unless there are special reasons for not doing so
For certain offences, and where the number of points given would take a driver up to 7-11 on their
licence, the court may offer the defendant a driver rehabilitation course and order that 3 of those
points then should not be taken into account by a later court (s.34 Road Safety Act 2006)
Disqualification on points will be given if a driver collects 12 or more relevant points within a 3-
year period (s.25 Road Traffic Offenders Act 1988) – for a min of 6 months, unless there are
mitigating circumstances
If a driver is disqualified based on points, the slate is wiped clean of points
The minimum period is increased to 1 year for a defendant who has been disqualified for 56 days+
during the previous 3-year period
Drivers who receive 6+ points in 2 years of passing their test will have their full licence revoked
Disqualification from driving can be obligatory or discretionary
The court has the obligation to disqualify a defendant if:
• They accrue 12 or more points – 6 months (see above)
• They are convicted of an offence carrying an obligatory disqualification – 12 months
• They are convicted or causing death by dangerous driving/careless driving under the
influence, or have been disqualified for at least 56 days in the previous 3 years – 1-2 years
• If they are convicted of any offence involving drugs/alcohol and have a conviction within
the previous 10 years for a similar offence – 3 years
• If they cause death – until they pass an extended driving test after a period of
disqualification
• If they commit a certain offence within 3 years of a conviction for the same offence – 6
months
If a pre-sentence report is required, the court may impose an interim period of disqualification
(s.26 Road Traffic Offenders Act 1988)
,Drink drivers can obtain a reduction of 3 months/one quarter in the length of their disqualification
if they take part in the Drink-Drive Rehabilitation Scheme (which they must pay for)
High risk offenders, i.e. those who have been disqualified multiple times, may not be able to have
their licence returned at the end of disqualification until they have undergone a medical
examination (s.13 RSA 2006)
Discretionary disqualification can be given for any endorsable offence depending on its severity
The court could also disqualify any defendant convicted of stealing a motor vehicle, assault using a
motor vehicle, or any other indictable offence where a motor vehicle was used its commission
The court has the general power to disqualify a driver for any period as they see fit (s.146 Powers
of the Criminal Courts (Sentencing) Act 2000)
Removal of disqualification is possible once D has served part of their sentence (s.42 RTOA 1988)
This is normally done if a D is disqualified for a long time, but can demonstrate they are reformed
An application can be made after 2 years if disqualification was less than 4 years, or halfway
through if disqualification was longer
The court will consider the character of the defendant, their conduct since the order, nature of the
offence, and any other circumstances of the case
Mitigating factors and circumstances can be considered to avoid disqualification or endorsement,
or reduce the penalty
Examples include:
• Inexcessive speed
• Momentary lapse in concentration
• Minor damage or injury
• Timely guilty plea
• Age and number of years’ driving experience
• Clean driving licence
• Job requiring the defendant to have a driving licence
• The defendant driving a large number of miles per year
• Hardship that may be suffered as a result of disqualification – usually only persuasive if this
is to someone other than the defendant
For procedure at a penalty disqualification hearing see p322
Special reasons, if they apply, can persuade the court not to impose obligatory disqualification or
endorsement
For there to be a special reason, four criteria must be satisfied as per R v Wickens:
• The reason must not be a mitigating or extenuating circumstance
• Not amount to a defence to the charge
• Be directly connected with the commission of the offence – rather than the defendant’s
personal circumstances
• Be a matter which the court ought to take into account when sentencing
Special reasons can include spiked drinks (Pugsley v Hunter), or driving in an emergency (Brown v
Dyerson)
A defendant who alleges the existence of special reasons must prove OTPB that such reasons exist
by producing evidence – usually they will enter a guilty plea, and then request that the case be
adjourned to hold a special reasons hearing before sentencing
If the court is satisfied special reasons exist, it has discretion not to disqualify or endorse
, CRIMINAL PROCEDURE RULES
The CrimPR, supplemented by the Consolidated Criminal Practice Direction, sets out the
procedure for both magistrates’ and Crown Court
The overriding objective (1.1(1)) is that “criminal cases be dealt with justly”
Justly is defined in r 1.1(2) as including:
• Acquitting the innocent and convicting the guilty
• Dealing with the prosecution and the defence fairly
• Recognising the rights of a defendant
• Respecting the interests of witnesses, victims, and jurors, and informing them about
progress with the case
• Dealing with the case efficiently and expeditiously
• Ensuring that appropriate information is available to the court when bail and sentence are
considered
• Dealing with the case in ways that take into account the gravity of the offence alleged, the
complexity of what is in issue, the severity of consequences for the defendant and others
affected, and the needs of other cases
Everyone involved in a criminal case must prepare and conduct the case in accordance with the
overriding objective, and inform the court of any significant failure of the CrimPR
The court must further the overriding objective under r 1.3 by actively managing the case as per r
3.2(1) which it does by the following:
• Identifying the real issues and needs of witnesses early
• Achieving certainty about what needs to be done and when, i.e. set a timetable for the
progress of the case
• Monitoring the progress of the case and compliance with directions
• Ensuring evidence is presented in the shortest and clearest way
• Discouraging delay
• Encouraging participants to cooperate in progression of the case
• Making use of technology
The court can make any direction or take any step to manage the case under r 3.5(1)
Parties in the case must actively assist the court in this duty as per r 3.3 – failure to do this would
be inconsistent with the overriding objective (R (on the application of DPP) v Chorley)
Under r 3.4(1) each party must nominate a person responsible for the progress of the case, and
inform other parties and the court of their details
The Law Society has published a practice note, Criminal Procedure Rules: Impact on Solicitors’
Duties to the Client, to assist solicitors
Professional Conduct
Solicitors must act in their clients’ best interests (Principle 7) but this does not override their duty
to behave in a way that upholds public trust in the profession (Principle 2)
They also have a duty not to mislead the court (para 1.4)
If a client intends to give false evidence at court, their solicitor must withdraw from acting unless
the client then agrees not to do so
The duty of confidentiality to the client (para 6.3) would prevent the solicitor form disclosing any
details of a client’s case without express consent of the client therefore if a solicitor is required to
withdraw from a case, they should not disclose the reason why
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