Diploma in Professional Legal Practice (DPLP) Criminal Court Practice Syllabus

Criminal Court Practice syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Criminal Court Practice in Diploma in Professional Legal Practice (DPLP), not a summary of it.

1. 1

   The Criminal Justice System

   3 topics

   • Prosecution and the Crown Office
     • Role of the procurator fiscal and Lord Advocate
     • Marking of cases and prosecutorial discretion
   • Summary and Solemn Procedure Distinguished
     • Justice of the Peace, Sheriff and High Court
     • Choice of forum and sentencing powers
   • Sources of Criminal Procedure
2. 2

   Police Powers and the Accused's Rights

   3 topics

   • Detention, Arrest and Questioning
     • Criminal Justice (Scotland) Act 2016 arrest powers
     • Right to legal advice and the solicitor's role
     • Identification procedures and samples
   • Bail and Custody
     • Grounds for refusing bail
     • Bail conditions, appeals and review
   • Disclosure
     • Crown duty of disclosure
     • Defence statements
3. 3

   Summary Procedure

   3 topics

   • The Complaint and First Calling
     • Pleading diet and intermediate diet
     • Pleas in bar of trial and preliminary pleas
   • Summary Trial
     • Leading and challenging evidence
     • Submission of no case to answer
   • Summary Sentencing and Appeals
4. 4

   Solemn Procedure

   3 topics

   • Petition and Indictment Stages
     • Judicial examination and committal
     • Service of indictment and time limits
   • First Diet and Preliminary Hearing
   • Jury Trial
     • Empanelling the jury and verdicts
     • Charge to the jury and sufficiency
5. 5

   Evidence and Sentencing

   3 topics

   • Criminal Evidence
     • Corroboration and the Moorov doctrine
     • Admissibility of confessions and special knowledge
     • Hearsay and statutory exceptions
   • Sentencing Options and Principles
     • Community payback and custodial sentences
     • Sentencing guidelines and discounts for plea
   • Appeals and Miscarriage of Justice
     • Appeals against conviction and sentence
     • Scottish Criminal Cases Review Commission

Criminal Court Practice flashcards for Diploma in Professional Legal Practice (DPLP)

18 of 50 cards from the Criminal Court Practice deck — real questions with worked answers.

1. Who heads the public prosecution system in Scotland, and what body do they lead?

   The Lord Advocate (with the Solicitor General for Scotland) heads prosecution, leading the Crown Office and Procurator Fiscal Service (COPFS).

2. Who conducts prosecutions in summary cases compared with High Court solemn cases?

   Procurators fiscal (and their deputes) prosecute summary cases; advocates depute (Crown counsel) prosecute on indictment in the High Court.

3. What is the 'master of the instance' principle in Scottish prosecution?

   The Lord Advocate/COPFS has near-exclusive control over public prosecution, deciding whether, whom and what to prosecute. Private prosecution is exceptional, requiring a bill of criminal letters.

4. Define summary criminal procedure in Scotland.

   Trial before a judge sitting alone without a jury, used for less serious offences, in the JP court or sheriff court, commenced by a complaint.

5. Define solemn criminal procedure in Scotland.

   Trial on indictment before a judge and a jury of 15, for the most serious offences, in the sheriff court or High Court of Justiciary, begun by petition and brought to trial on indictment.

6. Which courts exercise summary and which exercise solemn jurisdiction?

   JP court: summary only. Sheriff court: both summary and solemn. High Court of Justiciary: solemn only (and also the criminal appeal court).

7. What is the charging document in summary versus solemn cases?

   Summary cases proceed on a complaint; solemn cases begin on a petition and are brought to trial on an indictment.

8. What is the principal statute governing Scottish criminal procedure?

   The Criminal Procedure (Scotland) Act 1995.

9. Which 2016 Act reformed police arrest and questioning, and what did it do?

   The Criminal Justice (Scotland) Act 2016 (Part 1) replaced the old detention regime with a single statutory power of arrest without warrant.

10. List the main sources of Scottish criminal procedure besides the principal statute.

    Common law, the Act of Adjournal (rules of court), institutional writers, High Court case law, and the ECHR via the Human Rights Act 1998 and Scotland Act 1998.

11. What is the general police power of arrest under section 1 of the Criminal Justice (Scotland) Act 2016?

    A constable may arrest a person without warrant where they have reasonable grounds to suspect that the person has committed or is committing an offence.

12. How long may an arrested person be held without charge, and to what maximum can it be extended?

    Up to 12 hours initially; a custody review officer may authorise extension to a maximum of 24 hours.

13. What right did Cadder v HM Advocate (2010) establish?

    A suspect has the right to legal advice before and during police questioning; admissions obtained without access to a solicitor generally breach Article 6 ECHR.

14. Following arrest, what intimation rights does the person have?

    The right to have intimation of the arrest sent to a named person, and the right to have a solicitor informed and to consult one; detention is kept under review by a custody review officer.

15. What is the statutory presumption regarding bail in Scotland?

    There is a presumption in favour of bail; it should be granted unless there is good reason to refuse (e.g. risk of absconding, further offending, or interfering with witnesses/justice).

16. Name the standard conditions of bail in Scotland.

    Appear at all diets; not commit offences while on bail; not interfere with witnesses or obstruct justice; make oneself available for inquiries/reports; and not behave in a way causing alarm or distress.

17. When may bail be refused for certain serious offences?

    Where the accused is already on bail, or has relevant previous convictions for violent, sexual or drug offences, bail may be refused unless there are exceptional circumstances justifying it.

18. Distinguish bail from remand (committal to custody) pending trial.

    Bail releases the accused subject to conditions; remand detains the accused in custody, which triggers the strict solemn custody time limits.

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