Criminal Litigation

Criminal Litigation - Disclosure of unused material and defence statements 1. investigator’s duty to retain unused material (detailed knowledge not required), prosecutor’s duty of disclosure and the test for determining whether unused material should be disclosed by the prosecution 2. time lim...

1. the indictment, including time limits and the structure and format of an indictment 2. rules governing joinder of counts in an indictment and the consequences of misjoinder 3. rules relating to specimen counts 4. joinder of accused in an indictment 5. applications to sever the indictment 6. ...

1. arraignment, change of plea and pleas to lesser offences 2. pre-trial and plea and trial preparation hearings 3. prosecution offering no evidence and leaving counts to lie on file 4. applications to dismiss

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 t...

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 excl...

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 f...

1. the general prohibition on the use of opinion evidence in criminal cases and the exceptions to this rule 2. the use of expert opinion evidence at trial

1. the privilege against self-incrimination 2. legal professional privilege and waiver of privilege

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

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 senten...

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 sentenc...

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 th...