National Police Promotion Framework (NPPF) Step 2 Legal Exam (OSPRE Part 1) Evidence and Procedure Syllabus

Evidence and Procedure syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Evidence and Procedure in National Police Promotion Framework (NPPF) Step 2 Legal Exam (OSPRE Part 1), not a summary of it.

1. 1

   Instituting Criminal Proceedings

   3 topics

   • Commencing a Prosecution
     • Charge, requisition and written charge
     • The role of the Crown Prosecution Service and the Full Code Test
     • Time limits for summary offences
   • Classification of Offences
     • Summary, either-way and indictable-only offences
     • Mode of trial and allocation procedure
   • Court Structure and Jurisdiction
     • Magistrates' court jurisdiction
     • Crown Court and committal for sentence
     • Youth court procedures
2. 2

   Bail and Court Procedure

   3 topics

   • Bail
     • Police bail and pre-charge bail (Bail Act 1976)
     • Conditional bail and exceptions to the right to bail
     • Failing to surrender and breach of conditions
   • Remand and Custody Time Limits
     • Remand in custody and on bail
     • Custody time limits and extensions
   • Court Appearance and Witnesses
     • Witness summons and warrants
     • Special measures for vulnerable and intimidated witnesses
     • Live links and reporting restrictions
3. 3

   Principles of Evidence

   3 topics

   • Burden and Standard of Proof
     • Legal and evidential burdens
     • Standard of proof in criminal cases
     • Reverse burdens and the presumption of innocence
   • Admissibility and Relevance
     • Relevance and weight of evidence
     • Exclusion under s.78 PACE and at common law
     • Privilege and public interest immunity
   • Witnesses and Testimony
     • Competence and compellability
     • Corroboration and identification evidence (Turnbull)
     • Examination, cross-examination and re-examination
4. 4

   Specific Categories of Evidence

   4 topics

   • Confessions and Hearsay
     • Definition and admissibility of confessions (s.76 PACE)
     • Hearsay rule and statutory exceptions (CJA 2003)
     • Oppression and unreliability
   • Character Evidence
     • Bad character of the defendant: the gateways (s.101 CJA 2003)
     • Bad character of non-defendants
     • Good character directions
   • Documentary and Real Evidence
     • Documentary evidence and business records
     • Exhibits, continuity and the chain of evidence
     • Expert evidence
   • Inferences from Silence
     • Failure to mention facts when questioned (s.34 CJPOA 1994)
     • Failure to account for objects, substances or marks (s.36)
     • Failure to account for presence (s.37)
5. 5

   Disclosure

   3 topics

   • The Disclosure Regime
     • Initial duty of disclosure (CPIA 1996)
     • The defence statement and continuing duty
     • Public interest immunity applications
   • The Investigator's Role
     • Recording and retention of material
     • The disclosure officer and schedules of material
     • Unused material
   • Third Party and Sensitive Material
     • Obtaining third party material
     • Handling sensitive and confidential material
     • Disclosure failures and abuse of process

Evidence and Procedure flashcards for National Police Promotion Framework (NPPF) Step 2 Legal Exam (OSPRE Part 1)

18 of 52 cards from the Evidence and Procedure deck — real questions with worked answers.

1. What are the three methods by which a criminal prosecution can be commenced?

   (1) Charging the suspect at a police station; (2) Laying an information before a magistrate to obtain a summons or warrant; and (3) The written charge and requisition procedure used by public prosecutors (s.29 Criminal Justice Act 2003).

2. Under the written charge and requisition procedure (s.29 Criminal Justice Act 2003), what two documents are issued and to whom?

   A 'written charge' (charging the person with an offence) and a 'requisition' (requiring the person to attend court), both issued by a 'relevant prosecutor' and served on the accused and the court.

3. What is the standard time limit for laying an information to commence proceedings for a summary-only offence?

   Six months from the date the offence was committed (s.127 Magistrates' Courts Act 1980). Indictable offences have no general time limit.

4. Into which three categories are criminal offences classified for the purpose of trial venue?

   (1) Summary-only offences (tried in the magistrates' court); (2) Indictable-only offences (tried in the Crown Court); and (3) Either-way offences (triable in either court).

5. Give two examples of indictable-only offences.

   Murder, manslaughter, rape, robbery, and causing grievous bodily harm with intent (s.18 OAPA 1861). These must be tried in the Crown Court.

6. What is an either-way offence, and give an example?

   An offence triable either summarily in the magistrates' court or on indictment in the Crown Court, depending on the allocation decision. Examples: theft, assault occasioning actual bodily harm (s.47), and burglary.

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

   Generally 6 months' imprisonment for a single offence (the limit was temporarily raised to 12 months at points; the long-standing default is 6 months). For two or more either-way offences, up to 12 months in aggregate.

8. In the allocation procedure for an either-way offence, what happens if the magistrates accept jurisdiction but the defendant elects Crown Court trial?

   The defendant has an absolute right to elect trial by jury in the Crown Court; the magistrates cannot override that election even if they were willing to deal with it summarily.

9. What is the composition of a magistrates' court bench, and what alternative single judge may sit?

   Normally two or three lay magistrates (justices of the peace), advised by a legal adviser; alternatively a single legally-qualified District Judge (Magistrates' Courts) may sit alone.

10. Which court hears appeals from the magistrates' court against conviction or sentence, and what form does that appeal take?

    The Crown Court, by way of a complete rehearing of the case (de novo).

11. What is an appeal 'by way of case stated', and to which court does it go?

    An appeal on a point of law or jurisdiction from the magistrates' court (or Crown Court in its appellate role) to the High Court (Administrative Court/King's Bench Divisional Court), based on facts found and stated by the lower court.

12. What is the general statutory presumption regarding bail, and where is it found?

    There is a general right to (presumption in favour of) bail under s.4 of the Bail Act 1976, which applies unless one of the statutory exceptions to bail is made out.

13. For an indictable offence, what are the main grounds for refusing bail to a defendant?

    Substantial grounds for believing the defendant would, if released, (1) fail to surrender to custody, (2) commit further offences, or (3) interfere with witnesses or otherwise obstruct the course of justice (Sch.1 Bail Act 1976).

14. Name four factors a court considers when deciding whether to refuse bail.

    The nature/seriousness of the offence and likely sentence; the defendant's character, antecedents, associations and community ties; the defendant's bail record (previous failures to surrender); and the strength of the evidence.

15. What is the offence of 'failing to surrender to bail' (absconding), and under what Act?

    Failing without reasonable cause to surrender to custody at the appointed time and place, contrary to s.6 of the Bail Act 1976; the burden of proving reasonable cause is on the defendant.

16. What is a conditional bail, and give three examples of conditions that may be imposed?

    Bail subject to requirements designed to address bail risks. Examples: residence at a specified address, curfew, reporting to a police station, surety, security, surrendering a passport, and not contacting named witnesses.

17. What is the custody time limit for an either-way or indictable offence awaiting trial in the magistrates' court before sending?

    70 days from first appearance to summary trial / committal-stage; reduced to 56 days if the court decides on summary trial within 56 days. (Crown Court CTL is generally 182 days.)

18. What is the maximum period a person may be remanded in custody by a magistrates' court before conviction (the standard remand period)?

    Generally a maximum of 8 clear days at a time, though longer remands (up to 28 days) are permitted in specified circumstances once the accused has previously been remanded in custody for the same offence.

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