BPP University College Of Professional Studies Limited (BPP)
Notes on Criminal Litigation for the LPC at BPP University. These revision notes summarise key SGS course content in a way that is easy to understand and helped me achieve 90% on the Litigation exam.
BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Criminal Litigation
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BPP LPC – Criminal Litigation Exam Notes
PART 1 – Offences
1. Theft
o s1 Theft Act 1968.
o Dishonestly appropriating property belonging to another with the intent to
permanently deprive.
2. Burglary
3. Robbery
o s8 Theft Act 1968
o Theft and the accused must either use force on any person either immediately before
or at the time of the theft; or put or seek to put any person in fear of being, then and
there, subjected to force in order to steal.
4. Going Equipped for theft
o s25 Theft Act 1968.
5. Common Assault (battery)
o s39 Criminal Justice Act 1988
o Unlawful application of force. No injury needed. Mens rea: Intention/recklessness.
o Defence of self-defence.
6. Assault Occasioning Actual Bodily Harm
o s47 OAPA 1861
o Elements:
§ Assault or battery
§ Intention/recklessness re assault or battery
§ Which causes bodily harm
7. Wounding or Inflicting Grievous bodily harm
o s20 OAPA 1861
o Serious or really serious harm. Intention/recklessness as to causing some harm.
8. Public order offences (e.g. affray)
o Affray – s3 Public Order Act 1986.
§ Uses or threatens unlawful violence towards another and the conduct is
such to cause a person of reasonable firmness present at the scene to fear
his personal safety.
o Fear or Provocation of Violence – s4 Public Order Act 1986
§ Uses threatening, abusive or insulting words or behaviour towards another.
9. Offensive Weapons
o Knowingly possessing an offensive weapon in a public place without lawful
authority/reasonable excuse – s1 Prevention of Crime Act 1953.
o s1(4) PCA defines ‘offensive weapon’ as any article made (offensive weapons per se)
or adapted for use for causing injury to the person, or intended by the person having
it with him for such use by him or some other person.
o ‘Public place’ includes any highway or any other premises or place to which, at the
material time, the public have or are permitted to have access to.
10. Misuse of Drugs
o Possession of controlled drugs – s5(2) MDA 1971.
o Supplying a controlled drug – s4(3) MDA 1971.
o Possession with intent to supply – s5(3) MDA 1971.
, PART 2 – The Justice System, Criminal Procedure Rules, Professional Conduct & Funding
The Criminal Justice System
- The criminal justice system in England & Wales is an adversarial system.
- Prosecution must present sufficient admissible evidence to persuade a tribunal to convict the
defendant beyond reasonable doubt.
The Criminal Courts
- There are two criminal courts of first instance: The magistrates’ court and the Crown Court.
- All criminal cases, irrespective of how serious the charge, will commence in the magistrates’
court.
- Offences are classified as: summary only (Magistrates), indictable only (Crown Court) and
either way offences. Look at sentencing guidelines.
- Where a statute refers to an offence as ‘indictable’ this means that the offence is capable of
being tried on indictment – includes both either way and indictable only offences.
- Indictable only offences spend little time in the Magistrates – following charge appear for bail,
public funding matters before case is sent to Crown Court pursuant to s51 Crime and Disorder
Act 1998.
- If found/pleads guilty and on hearing about the nature of the offence and any previous
convictions of the defendant, the magistrates’ limited powers of sentence are not sufficient –
the matter is committed to the Crown Court for sentence under s3 Powers of Criminal Courts
(Sentencing) Act 2000.
- Magistrates’ sentencing powers are governed by s78 PCC(S)A and s133 MCA and in essence
are:
o One or more summary only offence: Maximum 6 months’ imprisonment
o One either way offence: Maximum 6 months’ imprisonment
o Two or more either way offences: Maximum 12 months’ imprisonment.
- By comparison, the powers of the Crown Court differ depending upon the offence and are
contained within the relevant statute.
Criminal Procedure Rules and Case Management
- Criminal Procedure Rules (CrPR) 2015.
- CrPR apply to all criminal cases in the criminal courts.
- ‘Overriding objective’ (CrPR Rule 1) and detailed case management powers (Rule 3) to which
all parties to a case are required to adhere in order that criminal cases might be managed
effectively.
- Overriding objective = To deal with cases justly.
- Rule 3 – case management 3.2 sets out court’s duties and 3.3 sets out parties’ duties.
- If the defendant is absent, the court may nonetheless proceed CrPR 3.9(2)(a)
1. Identify the ISSUES that determine whether you can act e.g. misleading the court/conflict of
interest;
2. State the relevant mandatory PRINCIPLES that apply to resolve the issue;
3. Identify the relevant paragraphs in CCS that must be achieved; and
4. DISCUSS and apply any paragraphs of the CCS or parts of the LSPN to the facts and conclude
whether you can act and/or what action you would take to ensure that you comply with the
CCS and do not breach the relevant Principles identified above.
SRA Code of Conduct for Solicitors – Principles and CCS.
- Where two or more Principles come into conflict, the Principle that takes precedence is the
one which best serves the public interest, particularly in relation to the administration of
justice.
- There is little guidance provided as to the application of CCS – the onus is on Authorised
Individuals to review the standards and decide on an appropriate course of action, and to
exercise professional judgement in doing so.
- Duties begin as soon as you take first instructions, usually prior to charge.
Being asked to attend a police station to represent a detainee by a relative or third party
- CCS 1.1 when applied decides that you are generally free to decide whether or not to take on
a particular client provided that you do not unlawfully discriminate.
- However, CCS sets out a number of situations where a solicitor must not accept instructions.
CCS 3.1: You only act for clients on instructions from the client, or someone properly
authorised to provide instructions on their behalf…
- PACE COP C Annex B para 4 specifically states that access to a solicitor cannot be delayed on
the grounds that they might advise the detainee not to answer questions or the solicitor was
initially asked to attend the police station by someone else.
- Therefore in these circumstances, you should contact the police station yourself and advise
them you have been contacted. The police should be asked to speak to the suspect and
confirm with him whether he wishes to instruct you.
Potential Conflicts of Interest
- e.g. can I represent more than one defendant in the same case?
- Governed by CCS 6.1 and 6.2.
- See also practice note on conflicts LSPNCI.
- When taking on a new client, you need to identify whether or not the work you are proposing
to do for the client conflicts with any work being done for current or past clients of the firm
or if it conflicts with the firm’s own interests.
- If there is a conflict, or a significant risk of a conflict, between two or more current clients, you
must not act for all, or possibly any, of them.
- à LSPNCI makes it clear that the exceptions in CCS 6.2(a) and (b) are not applicable in criminal
litigation. The situation is very clear – if there is a conflict of interests or a risk of one, you
must not act.
- Para 2.1 LSPNCI gives specific guidance on situations where a conflict is likely to exist. If these
conflicts arise when acting for two or more clients, the solicitor will have to cease to act for
one and often both clients.
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