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”
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