CRIMINAL LITIGATION & EVIDENCE Handouts

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A successful way to structure your revision for Criminal litigation and evidence exam.

The Criminal Litigation and Evidence syllabus is broken down into a set of succinct notes for each syllabus area. The notes are combination of “Charts, Diagrams, Extensive Notes and Short notes with the aid of sample MCQs” covering;

Notes:

  • Appeal (Appeal and review of magistrates’ decisions; Challenging decisions of the Crown Court; The Criminal Cases Review Commission (CCRC); References by the Attorney-General; Prosecution appeals against rulings made during trial)
  • Bail (The ‘right to bail’; A table of the various grounds by offence type; Conditions on bail; Applying for bail; Breaching bail; Prosecution appeals; Custody time limits).
  • Character (Good character; Bad character; Exclusion and safeguards – ss 100 and 101 CJA 2003; Proving convictions under ss 73–75 PACE Act 1984)
  • Confession (What is a confession; Admissibility of confessions)
  • Disclosure (The importance of unused material; Main disclosure provisions; The four stages of disclosure; The investigation; Prosecution duty of disclosure; Disclosure by the defence; Continuing duty of disclosure by the prosecution)
  • Evidential concept (Preliminary evidential matters; Burden and standard of proof; Preliminary issues relating to witnesses; Oaths and affirmations; The rules relating to the examination of witnesses; Examination in chief; Cross-examination; Re-examination; Opinion evidence and experts; Privilege against self-incrimination and legal professional privilege).
  • First appearances (Location of the first appearance (adults); Format of the first appearance; Summary only offences; Either-way offences; Adult defendant – charged alone with a single either-way offence; Criminal damage; Low value shoplifting; Indictable only offences; Multiple defendants and/or charges; Committal for sentence).
  • Hearsay(The Criminal Justice Act (CJA) 2003; Exceptions to the exclusionary rule; Common law exceptions; Previous inconsistent statements; Previous consistent statements; Multiple hearsay; Evidence affecting the credibility of admissible hearsay; Unconvincing hearsay; Superfluous hearsay; Directing the jury; Procedure).
  • Identification evidence (The special need for caution; The investigation stage: PACE Code D; Breach of Code D – Consequences; The trial stage: The Turnbull Guidelines).
  • Inference from Silence (What is an inference; Silence at interview: s 34 of the Criminal Justice and Public Order Act 1994; Silence on arrest at the scene of the crime: s 37 of the Criminal Justice and Public Order Act 1994; Silence at trial: s 35 CJPOA 1994; Sweet little lies: The Lucas direction).
  • Police powers and preliminaries (Arrest; General requirements for any arrest; Action following arrest; Detention; Interviews; The rights of a detained person; Charging decisions; The different forms of commencing criminal proceedings).
  • Pre-trail matters (Pre-trial matters in the Magistrates’ Court; Pre-trial matters in the Crown Court; The indictment; Voluntary bills of indictment; Joinder of counts; Summary only offences on an indictment; Joinder of defendants; Duplicity, continuous offences and specimen counts; Objecting to misjoined counts – Applications to sever; The consequences of misjoinder; Applying for severance of properly joined counts; Objecting to unlawful counts – Applications to quash; Amending the indictment; Arraignment – Pleading guilty or not guilty; Pleading guilty to lesser or alternative counts; Back to the pre-trial hearing timeline; Preliminary hearings; Plea and trial preparation hearing (PTPH); Further applications;  Applications to exclude evidence or introduce otherwise inadmissible evidence; Special measures; Witness summons and warrants; Applications to change plea).
  • Sentencing (Obtaining an indication of sentence; When will the defendant be sentenced; Where will the defendant be sentenced; Committal for sentence; What happens at a sentencing hearing (On what basis is the defendant being sentenced; Prosecution open facts, make submissions/applications; Defence mitigate; Judge passes sentence;  Arriving at the appropriate sentence); Sentences available to the Magistrates’ Court and the Crown Court(Bind over; Absolute discharge Conditional discharge; Fines; Community Order; A determinate custodial sentence (immediate imprisonment); A suspended sentence of imprisonment; Minimum sentences for a third domestic burglary or third Class A drugs offence; Mandatory life sentence for murder; Ancillary orders) .
  • Trial (Trial in the Magistrates’ Court (Summary trial); Proceeding in the absence of the defendant in the Magistrates’ Court; Trial in the Crown Court (Trial on indictment); Proceeding in the absence of a defendant in the Crown Court; Unrepresented defendants).
  • Youth Court (Terminology; Alternatives to prosecution; Court process for youths; Age; Location of first appearance; Composition and procedure in the Youth Court; Bail or remand in custody; Where will a youth be tried; Plea before venue/Mode of trial; Dangerous offenders; ‘Grave crimes’; Youth charged jointly with an adult; Sentences).

Charts and Diagrams:

 

Number of documents in the pack 11

 

MCQs by Topic:

 Appeal MCQs 28
Bail MCQs 29
Character MCQs 21
Confession MCQs 20
Disclosure MCQs 14
Evidential concept MCQs 31
First appearances MCQs 26
Hearsay MCQs 34
Identification evidence MCQs 20
Inference from Silence MCQs 14
Police powers and preliminaries MCQs 26
Pre-trail matters MCQs 24
Sentencing MCQs 30
Trial MCQs 30
Youth Court MCQs 30

 

Exam Revision session:

 

Sentencing MCQs 130
Evidence MCQs 106
Scenting & Evidence Mix MCQs 209

 

Grade                      “Very competent to Outstanding”
File format            “PDF”

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