Bar Professional Training Course (BPTC) Criminal Litigation, Evidence and Sentencing Syllabus

Criminal Litigation, Evidence and Sentencing syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Criminal Litigation, Evidence and Sentencing in Bar Professional Training Course (BPTC), not a summary of it.

1. 1

   The Criminal Justice Framework

   3 topics

   • Classification of offences and court jurisdiction
     • Summary, either-way and indictable-only offences
     • Roles of the magistrates' court and Crown Court
   • The investigation stage
     • PACE 1984 powers: stop, search, arrest and detention
     • Police interviews and the right to silence
   • Commencing a prosecution
     • Charge, requisition and the Code for Crown Prosecutors
     • The Full Code Test and evidential/public interest stages
2. 2

   Bail and Pre-Trial Procedure

   3 topics

   • Bail and remand
     • The right to bail and exceptions under the Bail Act 1976
     • Bail conditions, breaches and applications to vary
   • First hearings and allocation
     • Plea before venue and allocation for either-way offences
     • Sending cases to the Crown Court
   • Case management and disclosure
     • Prosecution disclosure under the CPIA 1996
     • Defence statements and ongoing disclosure duties
3. 3

   Trial Procedure in Both Courts

   3 topics

   • Summary trial in the magistrates' court
     • Order of events and submissions of no case to answer
   • Trial on indictment in the Crown Court
     • Arraignment, the jury and the role of the judge
     • Judge's summing up and verdicts
   • Youth court proceedings
     • Jurisdiction over youths and grave crimes
4. 4

   Criminal Evidence

   4 topics

   • Burden and standard of proof
     • Legal and evidential burdens; reverse burdens
   • Confessions and unlawfully obtained evidence
     • Exclusion under sections 76 and 78 PACE
   • Character and hearsay evidence
     • Bad character gateways under the Criminal Justice Act 2003
     • Hearsay exceptions and the interests of justice test
   • Identification and inferences
     • Turnbull guidelines on identification evidence
     • Inferences from silence (sections 34-38 CJPOA 1994)
5. 5

   Sentencing and Appeals

   3 topics

   • Sentencing principles and procedure
     • Purposes of sentencing and the Sentencing Council guidelines
     • Aggravating and mitigating factors; credit for guilty pleas
   • Types of sentence
     • Custodial, community and financial penalties
     • Ancillary orders: compensation, disqualification, confiscation
   • Appeals in criminal cases
     • Appeals from the magistrates' court to the Crown Court and by case stated
     • Appeals to the Court of Appeal (Criminal Division)

Criminal Litigation, Evidence and Sentencing flashcards for Bar Professional Training Course (BPTC)

24 of 51 cards from the Criminal Litigation, Evidence and Sentencing deck — real questions with worked answers.

1. How are criminal offences classified by mode of trial in England and Wales, and where is each tried?

   Three classes: (1) Summary-only offences (e.g. common assault, most driving offences) - tried only in the magistrates' court; (2) Either-way offences (e.g. theft, ABH, burglary) - tried in either the magistrates' court or the Crown Court; (3) Indictable-only offences (e.g. murder, robbery, rape) - tried only in the Crown Court.

2. What is the maximum custodial sentence a magistrates' court can impose for a single either-way offence?

   6 months' imprisonment for a single either-way offence (and an aggregate maximum of 12 months for two or more either-way offences). The provisions allowing 12 months for a single offence are not yet in force, so the working maximum remains 6 months.

3. What are the PACE 1984 detention time limits before charge for a non-terrorism suspect?

   Initial maximum 24 hours from the 'relevant time'; extendable to 36 hours by a superintendent (or above); thereafter a magistrates' court may grant warrants of further detention up to an overall maximum of 96 hours. Detention must be reviewed periodically and the suspect charged or released once the limit is reached.

4. Under PACE Code C, what are the three core rights of a suspect detained at a police station?

   (1) The right to have someone informed of the arrest (s.56 PACE); (2) the right to free, independent legal advice (s.58 PACE); and (3) the right to consult the PACE Codes of Practice. The detainee must also be cautioned and informed of the reason for detention.

5. State the standard police caution and explain what each part signifies.

   'You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.' It signifies the right to silence, the risk of adverse inferences under s.34 CJPOA 1994, and that statements may be used as evidence.

6. What test must be satisfied for the police/CPS to charge a suspect under the Full Code Test?

   Two stages: (1) The evidential stage - there must be a realistic prospect of conviction (i.e. an objective, impartial and reasonable jury/bench is more likely than not to convict); and (2) the public interest stage - prosecution must be required in the public interest. Both stages must be met.

7. What are the four ways a prosecution can be commenced?

   (1) Charging the suspect at the police station after arrest; (2) issuing a written charge and requisition (used by public prosecutors); (3) laying an information before a magistrate to obtain a summons; (4) the (rare) private prosecution. The written charge/requisition and the information/summons routes are the principal alternatives to charge.

8. What is the general right to bail and which statute provides it?

   Section 4 of the Bail Act 1976 creates a presumption in favour of bail: a defendant is entitled to bail unless one of the statutory exceptions in Schedule 1 applies. Bail may be unconditional or subject to conditions.

9. For an imprisonable offence, what is the principal ground on which bail may be refused, and what factors are weighed?

   Bail may be refused if there are substantial grounds for believing the defendant would: (a) fail to surrender, (b) commit further offences, or (c) interfere with witnesses/obstruct justice. Factors (Sch 1 para 9 Bail Act 1976) include: nature/seriousness of the offence and likely sentence, the defendant's character, antecedents, associations and community ties, and previous bail record.

10. Give four examples of bail conditions and the purpose each typically serves.

    (1) Residence at a specified address - to ensure surrender; (2) curfew - to prevent further offences; (3) reporting to a police station - to ensure surrender; (4) surety/security, surrender of passport, or non-contact with named witnesses - to prevent absconding, reoffending or witness interference. Conditions must be necessary and proportionate.

11. What is the maximum number of further applications for bail a defendant may make to the magistrates after an initial refusal?

    At the first hearing after refusal the defendant may advance any argument; thereafter the court need not hear arguments it has heard before, but the defendant is entitled to a second full application. After that, a fresh application requires a change in circumstances or new legal argument. The defendant may also appeal a refusal to the Crown Court.

12. What is the custody time limit for an either-way or indictable offence awaiting trial in the Crown Court?

    182 days from sending to the Crown Court (less any days spent in custody before the magistrates' court). For summary trials the limit is 56 days from first appearance to trial. The prosecution may apply to extend if it shows good and sufficient cause and has acted with due diligence.

13. What is the procedure for determining the mode of trial in an either-way case (plea before venue and allocation)?

    (1) Plea before venue (s.17A MCA 1980): the charge is read and the defendant indicates plea. (2) If guilty, the magistrates proceed to sentence or commit for sentence. (3) If not guilty/no indication, allocation follows (s.19): magistrates decide if summary trial is suitable using the Allocation Guideline; if they accept jurisdiction the defendant may consent to summary trial or elect Crown Court trial.

14. In allocation, when must magistrates decline jurisdiction and send an either-way case to the Crown Court?

    When their sentencing powers (6 months / 12 months aggregate) would be inadequate for the offence, applying the Allocation Guideline. The defendant has no right to elect summary trial if magistrates decline jurisdiction, but always retains the right to elect Crown Court trial if magistrates accept jurisdiction.

15. What happens at a first hearing in the magistrates' court for an indictable-only offence?

    The case is sent forthwith to the Crown Court under s.51 of the Crime and Disorder Act 1998 (no allocation/mode of trial decision). The magistrates deal only with bail/remand and legal aid. Plea and the substantive proceedings take place at the Crown Court (Plea and Trial Preparation Hearing).

16. What is the prosecution's duty of initial disclosure under the CPIA 1996?

    Under s.3 CPIA 1996 the prosecution must disclose any previously undisclosed material which might reasonably be considered capable of undermining the prosecution case or assisting the defence case (the 'might undermine or assist' test). This is a continuing duty under s.7A.

17. What is a defence statement, when is it compulsory, and what must it contain?

    A written statement under s.5/s.6 CPIA 1996. It is compulsory in the Crown Court and voluntary in the magistrates' court. It must set out the nature of the defence and particular defences relied on, indicate matters of fact taken issue with and why, particulars of any alibi (with witness details), and any point of law to be raised. Faults can lead to adverse inferences under s.11.

18. What is the standard case management direction timetable concept in criminal proceedings, and which rules govern it?

    Case management is governed by the Criminal Procedure Rules (CrimPR), Part 3, underpinned by the overriding objective (Part 1) that criminal cases be dealt with justly. The court actively manages cases by setting a timetable, identifying issues, and ensuring evidence is presented efficiently, including via the Preparation for Effective Trial (PET) form in magistrates' cases.

19. Outline the order of a summary trial in the magistrates' court.

    (1) Prosecution opening; (2) prosecution evidence (examination-in-chief, cross-examination, re-examination); (3) submission of no case to answer (if made); (4) defence case (defendant may give evidence first); (5) closing speeches (defence has last word); (6) magistrates/district judge retire and deliver verdict (no reasons required from lay bench but reasons usually given); (7) sentence.

20. What is the test for a submission of no case to answer (the Galbraith test)?

    From R v Galbraith [1981]: there is no case to answer where (1) there is no evidence that the defendant committed the offence, or (2) the prosecution evidence, taken at its highest, is so tenuous/inconsistent that a properly directed jury could not properly convict on it. If the evidence is merely weak but a reasonable jury could convict, the case proceeds.

21. Outline the order of events at a trial on indictment in the Crown Court.

    (1) Jury empanelled and sworn; (2) prosecution opening speech; (3) prosecution evidence; (4) submission of no case to answer (in jury's absence); (5) defence opening (if calling witnesses other than the defendant) and defence evidence; (6) closing speeches (prosecution then defence); (7) judge's summing-up and direction on law; (8) jury retires, returns verdict; (9) sentence.

22. What is the rule on jury verdicts and majority verdicts in the Crown Court?

    The jury must first be directed to reach a unanimous verdict. A majority verdict may be accepted only after at least 2 hours 10 minutes of deliberation and only by a margin of 11-1 or 10-2 (with a full jury of 12), or 10-1/9-1 where the jury has reduced to 11 or 10. A jury of fewer than 9 cannot return a majority verdict. For a guilty majority verdict the foreperson must state the numbers in open court.

23. What is the general rule on which court tries a youth (aged 10-17), and what are the main exceptions?

    General rule: youths are tried in the youth court (a specialised magistrates' court). Exceptions sending a youth to the Crown Court include: (1) homicide (murder/manslaughter); (2) 'grave crimes' where a sentence beyond the youth court's powers may be needed (s.250 Sentencing Act 2020); (3) certain firearms offences with mandatory minimums; (4) dangerous offender provisions; (5) being jointly charged with an adult where it is in the interests of justice.

24. What is the age of criminal responsibility in England and Wales, and how are under-18s categorised?

    The age of criminal responsibility is 10 (Children and Young Persons Act 1933, s.50). A 'child' is aged 10-13 and a 'young person' is aged 14-17. Below 10 a person cannot be guilty of a criminal offence. The doctrine of doli incapax for 10-13 year-olds was abolished by s.34 Crime and Disorder Act 1998.

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