Bar Training Course (BTC) 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 Training Course (BTC), not a summary of it.

1. 1

   The Criminal Justice System and Pre-Trial Process

   5 topics

   • Classification of offences and allocation
     • Summary, either-way and indictable-only offences
     • Plea before venue and allocation procedure
   • The Criminal Procedure Rules and the overriding objective
   • Police powers under PACE 1984
     • Arrest, detention and the custody clock
     • Interviews, cautions and the right to legal advice
   • The decision to charge and the Full Code Test
   • Bail and the Bail Act 1976
     • The right to bail and exceptions
     • Conditional bail and bail applications
2. 2

   Magistrates' Court and Crown Court Procedure

   5 topics

   • First hearings and case management in the magistrates' court
   • Sending cases to the Crown Court
   • The indictment and arraignment
   • Disclosure obligations
     • Prosecution initial and continuing disclosure
     • The defence statement and section 8 applications
   • Plea and Trial Preparation Hearing (PTPH)
3. 3

   Criminal Evidence

   6 topics

   • Burden and standard of proof
     • Legal and evidential burdens
     • Reverse burdens and Article 6 compatibility
   • Confessions and the exclusion of evidence
     • Section 76 PACE and oppression/unreliability
     • Section 78 PACE discretionary exclusion
   • Bad character evidence under the Criminal Justice Act 2003
     • The seven gateways for defendant bad character
     • Non-defendant bad character
   • Hearsay in criminal proceedings
   • Identification evidence and the Turnbull guidelines
   • Inferences from silence under the CJPOA 1994
4. 4

   The Trial and Advocacy at Trial

   5 topics

   • Examination-in-chief and the rule against leading questions
   • Cross-examination and the rule in Browne v Dunn
   • Submissions of no case to answer (Galbraith)
   • Witness competence, compellability and special measures
   • Jury directions and the role of the judge
5. 5

   Sentencing and Appeals

   5 topics

   • The purposes of sentencing and the Sentencing Council guidelines
     • Determining the category and offence range
     • Aggravating and mitigating factors
   • Types of sentence
     • Custodial sentences and suspended sentences
     • Community orders and ancillary orders
   • Plea in mitigation
   • Newton hearings
   • Appeals from the magistrates' court and the Crown Court

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

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 road traffic) - tried only in the magistrates' court; (2) Either-way offences (e.g. theft, ABH, fraud) - triable 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 allocation procedure for an either-way offence in the magistrates' court?

   After plea before venue, if the defendant indicates a not guilty (or no) plea, the court conducts allocation under ss.19-20 Magistrates' Courts Act 1980, considering the Allocation Guideline and representations. If magistrates accept jurisdiction the defendant may consent to summary trial or elect Crown Court trial; if magistrates decline jurisdiction the case goes to the Crown Court.

3. What is the overriding objective of the Criminal Procedure Rules?

   That criminal cases be dealt with justly (CrimPR r.1.1). This includes acquitting the innocent and convicting the guilty, dealing with the prosecution and defence fairly, recognising the defendant's ECHR rights (especially Article 6), respecting witnesses/victims/jurors, dealing with the case efficiently and expeditiously, and dealing with it in ways proportionate to its gravity, complexity and severity of consequences.

4. Under the Criminal Procedure Rules, what duties do the parties and the court have in furthering the overriding objective?

   Each participant must prepare and conduct the case in accordance with the overriding objective, comply with the Rules/practice directions/court directions, and at once inform the court and other parties of any significant failure to do so (r.1.2). The court must further the overriding objective by actively managing the case (r.1.3, r.3.2).

5. What are the statutory time limits for detention without charge under PACE 1984?

   A person may be detained without charge for up to 24 hours from the 'relevant time'; a superintendent (or above) may authorise extension to 36 hours; a magistrates' court may issue a warrant of further detention up to 96 hours total. After charge, detention is governed by bail/remand rules. Detention must be reviewed (first review by 6 hours, then at intervals not exceeding 9 hours).

6. What powers does a constable have to stop and search a person under s.1 PACE 1984?

   A constable may stop and search a person or vehicle for stolen or prohibited articles (offensive weapons, bladed articles, articles for use in theft/criminal damage etc.) in a public place, but only where there are reasonable grounds to suspect such items will be found. The constable must give the GOWISELY information (grounds, object, warrant card, identity, station, legal power, entitlement to a record, etc.) under s.2.

7. What is the Full Code Test applied by the CPS when deciding whether to charge?

   A two-stage test under the Code for Crown Prosecutors: (1) the Evidential Stage - is there sufficient evidence to provide a realistic prospect of conviction (objective test: an impartial tribunal, properly directed, is more likely than not to convict); and (2) the Public Interest Stage - is a prosecution required in the public interest. Both stages must be satisfied to charge.

8. When can the Threshold Test be applied instead of the Full Code Test, and what are its requirements?

   The Threshold Test may be applied where not all the evidence is yet available but it is not appropriate to release a suspect on bail. Its five conditions: reasonable suspicion the person committed the offence; further evidence can be obtained; the seriousness/circumstances justify an immediate charging decision; there are substantial grounds to object to bail; and it is in the public interest to charge. It must be kept under review and the Full Code Test applied once evidence is available.

9. What is the presumption in favour of bail and where is it found?

   Section 4 of the Bail Act 1976 creates a general right to bail for a defendant accused or convicted of an offence (and certain others), unless one of the statutory exceptions applies. Bail must be granted unless the prosecution shows grounds to refuse it.

10. What are the principal grounds for refusing bail for an imprisonable indictable offence under the Bail Act 1976?

    Under Schedule 1, bail may be refused where there are substantial grounds for believing the defendant would, if released: (a) fail to surrender to custody; (b) commit further offences while on bail; or (c) interfere with witnesses or otherwise obstruct the course of justice. The court also considers the nature/seriousness of the offence, the defendant's character, antecedents, associations and community ties, and bail record.

11. What conditions can a court attach to bail, and what is their purpose?

    Conditions (e.g. residence, curfew, reporting to a police station, surety, security, surrender of passport, electronic tag, non-contact with witnesses, exclusion zones) may be imposed only where necessary to address an identified bail risk - i.e. to prevent failure to surrender, further offences, witness interference, or for the defendant's own protection. Conditions must be proportionate and relevant to the risk.

12. What happens at a defendant's first hearing in the magistrates' court?

    The court confirms identity and the charge; for summary/either-way offences a plea may be entered (plea before venue for either-way); allocation/mode of trial is decided for either-way matters; legal aid and representation are addressed; bail or remand is determined; and case-management directions and trial/sending dates are set. For indictable-only offences the case is sent to the Crown Court under s.51 CDA 1998.

13. Under s.51 Crime and Disorder Act 1998, when must a case be sent to the Crown Court?

    The magistrates' court must send a defendant to the Crown Court forthwith for: indictable-only offences; either-way offences where the magistrates decline jurisdiction or the defendant elects Crown Court trial; and certain related either-way or summary offences. There is no committal proceeding - the case is sent directly.

14. What is an indictment and what is required of its form and counts?

    The indictment is the formal document containing the charges (counts) against the defendant to be tried in the Crown Court. Each count must charge only one offence (rule against duplicity) and contain a statement of offence and particulars of offence (CrimPR Part 10). It is signed/served and may be amended with the court's leave.

15. What is arraignment in the Crown Court?

    Arraignment is the formal process by which the indictment is put to the defendant count by count, and the defendant pleads guilty or not guilty to each count. It fixes the issues for trial and is usually conducted at the PTPH.

16. What is the prosecution's duty of initial disclosure under the Criminal Procedure and Investigations Act 1996?

    Under s.3 CPIA 1996, the prosecution must disclose to the defence any previously undisclosed material which might reasonably be considered capable of undermining the case for the prosecution or of assisting the case for the accused (the 'disclosure test'), or certify that there is no such material.

17. What is a defence statement and when is it required under the CPIA 1996?

    A defence statement is a written statement setting out the nature of the defence, matters of fact on which the defendant takes issue with the prosecution and why, particulars of any alibi, and points of law. It is compulsory in the Crown Court (s.5) and voluntary in the magistrates' court (s.6). It triggers the prosecution's continuing duty of disclosure (s.7A) and faults may attract adverse inferences (s.11).

18. What is the prosecution's continuing duty of disclosure under the CPIA 1996?

    Under s.7A, the prosecutor must keep disclosure under review throughout the proceedings and disclose any further material satisfying the disclosure test as it arises, in particular in light of the defence statement, until the accused is acquitted, convicted, or the case discontinued.

19. What is the Plea and Trial Preparation Hearing (PTPH) and what are its two stages?

    The PTPH is the first hearing in the Crown Court for a sent case. It has two stages: (1) the 'plea' stage - arraignment, where the defendant is asked to plead to the indictment; and (2) the 'trial preparation' stage - where, on a not guilty plea, the judge gives case-management directions, fixes the trial date, and resolves issues using the PTPH form (e.g. disclosure, witnesses, time estimates).

20. What is the legal burden and standard of proof on the prosecution in a criminal trial?

    The prosecution bears the legal (persuasive) burden of proving every element of the offence, and must do so to the criminal standard - so that the jury/magistrates are sure of guilt (beyond reasonable doubt). This flows from Woolmington v DPP [1935] - the 'golden thread'.

21. When does a legal burden fall on the defence, and to what standard must it be discharged?

    A legal burden falls on the defendant only in limited cases: certain statutory exceptions (express or implied reverse burdens) and the common law defence of insanity. Where the defence bears the legal burden, the standard is the balance of probabilities (lower than the prosecution standard). For most defences (e.g. self-defence, alibi) the defendant bears only an evidential burden.

22. What is the definition of a confession under PACE 1984?

    Under s.82(1) PACE 1984, a 'confession' includes any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not, and whether made in words or otherwise. A mixed statement (partly inculpatory, partly exculpatory) is admissible as a whole.

23. On what grounds may a confession be excluded under s.76 PACE 1984?

    Under s.76(2), where it is represented that a confession was or may have been obtained (a) by oppression, or (b) in consequence of anything said or done likely to render it unreliable, the court must exclude it unless the prosecution proves beyond reasonable doubt that it was not so obtained. Oppression includes torture, inhuman or degrading treatment, and the use or threat of violence (s.76(8)).

24. What is the court's discretion to exclude prosecution evidence under s.78 PACE 1984?

    Under s.78, the court may refuse to allow evidence on which the prosecution proposes to rely if, having regard to all the circumstances including how it was obtained, its admission would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. It is a discretionary exclusionary power covering, e.g., breaches of PACE/the Codes, unfair identification procedures, and improperly obtained confessions.

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