Pupillage (Bar Vocational Stage) 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 Pupillage (Bar Vocational Stage), not a summary of it.

1. 1

   The Criminal Justice Process

   3 topics

   • Classification of offences and allocation
     • Summary, either-way and indictable-only offences
     • Mode of trial and allocation procedure
   • Police powers and pre-charge procedure
     • PACE 1984 and the Codes of Practice
     • Arrest, detention and interview safeguards
   • The Criminal Procedure Rules
     • The overriding objective in criminal cases
     • Case management and the Better Case Management framework
2. 2

   Bail, Remand and Pre-Trial Matters

   3 topics

   • The right to bail and exceptions
     • Bail Act 1976 grounds for refusal
     • Conditional bail and breach
   • Disclosure in criminal proceedings
     • Prosecution disclosure under the CPIA 1996
     • Defence statements and unused material
   • Plea and the Plea and Trial Preparation Hearing
3. 3

   Criminal Evidence

   4 topics

   • Burden and standard of proof
     • Proof beyond reasonable doubt
     • Reverse burdens
   • Confessions and improperly obtained evidence
     • Exclusion under sections 76 and 78 PACE
   • Character and hearsay evidence
     • Bad character under the Criminal Justice Act 2003
     • Hearsay exceptions in criminal cases
   • Identification and inferences from silence
     • Turnbull guidelines
     • Adverse inferences under the CJPOA 1994
4. 4

   Trial, Sentencing and Appeals

   3 topics

   • Trial procedure in the magistrates' and Crown Court
     • Role of the jury and judge
     • Submissions of no case to answer
   • Sentencing principles and powers
     • Sentencing Council guidelines
     • Aggravating and mitigating factors
     • Custodial, community and ancillary orders
   • Appeals and references
     • Appeals from magistrates' court and Crown Court
     • Attorney General's references

Criminal Litigation, Evidence and Sentencing flashcards for Pupillage (Bar Vocational Stage)

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?

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

2. What is the allocation procedure for an either-way offence under the Magistrates' Courts Act 1980?

   The court takes the plea (plea before venue). If the defendant indicates a guilty plea, it proceeds to sentence (with possible committal to Crown Court). If not guilty/no indication, the court conducts an allocation hearing: it considers the Allocation Guideline and decides whether its sentencing powers are adequate. If it accepts jurisdiction, the defendant may consent to summary trial or elect Crown Court trial.

3. Where does an indictable-only offence first appear and what happens at that hearing?

   It is sent forthwith to the Crown Court under s.51 Crime and Disorder Act 1998. The magistrates' court holds only a preliminary hearing dealing with bail and legal aid; there is no allocation decision because the defendant has no right to summary trial.

4. What is the right of election in either-way cases, and why might a defendant choose the Crown Court?

   Where the magistrates accept jurisdiction, the defendant may elect (choose) trial by jury in the Crown Court. Reasons to elect Crown Court: higher acquittal rate before juries, better disclosure, ability to challenge admissibility before a judge. Reasons to stay in magistrates': lower sentencing powers, speed, and lower costs/stress.

5. What are a custody officer's duties regarding detention under PACE 1984 s.37?

   On arrival at the police station the custody officer must determine whether there is sufficient evidence to charge. If not, the detainee must be released unless detention without charge is necessary to secure or preserve evidence or obtain it by questioning. The custody officer authorises detention and opens the custody record.

6. State the PACE detention time limits before charge for a non-terrorism suspect.

   The basic limit is 24 hours from the 'relevant time'. A superintendent (or above) may authorise up to 36 hours for an indictable offence. A magistrates' court may issue a warrant of further detention extending to 72 hours, and on further application up to a maximum of 96 hours. Beyond that the suspect must be charged or released.

7. What is the 'relevant time' from which PACE detention clocks run?

   Generally the time the suspect arrives at the first police station after arrest (or the time of arrest if arrested at the station). Where arrested outside the police area for an offence committed there, it is 24 hours after arrest or arrival, whichever is earlier.

8. What rights does a detainee have on arrival at a police station under PACE?

   The right to free and independent legal advice (s.58), the right to have someone informed of the arrest (s.56), the right to consult the PACE Codes of Practice, and to be informed of these rights. Legal advice can be delayed up to 36 hours by a superintendent only for an indictable offence on specified grounds (e.g. interference with evidence).

9. When must an appropriate adult be present during a police interview?

   When the suspect is a juvenile (under 18) or a vulnerable adult (e.g. mentally vulnerable). The appropriate adult safeguards the suspect's welfare, facilitates communication, and ensures the interview is conducted properly, but is not there merely as an observer.

10. What is the threshold test versus the Full Code Test for charging decisions?

    The Full Code Test has two stages: (1) the evidential stage (a realistic prospect of conviction) and (2) the public interest stage. The Threshold Test is applied only when there is insufficient evidence yet to apply the Full Code Test but the suspect presents a substantial bail risk; it requires reasonable suspicion plus reasonable grounds to believe further evidence will become available.

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

    Under CrimPR Part 1, the overriding objective is that criminal cases be dealt with justly. This includes acquitting the innocent and convicting the guilty, dealing with the prosecution and defence fairly, respecting the interests of witnesses, victims and jurors, dealing with cases efficiently and expeditiously, and dealing with cases in ways proportionate to their seriousness, complexity and the severity of consequences.

12. What duty do the parties owe under the Criminal Procedure Rules?

    Each participant must prepare and conduct the case in accordance with the overriding objective, comply with the Rules, practice directions and court directions, and at once inform the court and other parties of any significant failure to take a required step. The court must further the overriding objective through active case management (CrimPR Part 3).

13. What is the general presumption regarding bail under the Bail Act 1976?

    Section 4 creates a presumption (a right) to bail for a person accused of an offence or who has been convicted but is awaiting sentence/reports. Bail must be granted unless one of the statutory exceptions in Schedule 1 applies.

14. What are the main exceptions to bail for an imprisonable offence under Schedule 1 to the Bail Act 1976?

    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. Other grounds include for the defendant's own protection and where there is insufficient time to obtain information.

15. What factors does the court consider when deciding whether the Schedule 1 bail grounds are made out?

    Under para 9 of Schedule 1: the nature and seriousness of the offence and likely disposal, the defendant's character, antecedents, associations and community ties, the defendant's bail record in the past, and the strength of the evidence against him, plus any other relevant factor (e.g. risk of harm to a particular person).

16. What conditions may be attached to bail and what is their purpose?

    Conditions such as residence, reporting to a police station, curfew, electronic tagging, surety, security, surrender of passport, or non-contact with witnesses. Conditions may only be imposed where necessary to address one of the bail risks (failure to surrender, further offences, interference with witnesses, the defendant's protection, or to enable inquiries/reports).

17. What restriction does s.25 Criminal Justice and Public Order Act 1994 place on bail?

    For certain serious offences (murder, attempted murder, manslaughter, rape, attempted rape and other serious sexual offences) where the defendant has a previous conviction for such an offence, bail may be granted only if the court is satisfied there are exceptional circumstances justifying it.

18. What rights of appeal/reconsideration exist after a bail decision in the magistrates' court?

    The defendant may make a further bail application (a second full application as of right; subsequent ones require a change of circumstances or new argument). If bail is refused, the defendant may appeal to the Crown Court. The prosecution may appeal a grant of bail to the Crown Court under the Bail (Amendment) Act 1993 for imprisonable offences.

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

    Under s.3 CPIA 1996, the prosecutor must disclose any previously undisclosed material which might reasonably be considered capable of undermining the prosecution case or of assisting the case for the accused (the 'unused material' test), or give a written statement that there is none.

20. When is a defence statement required and what must it contain?

    A defence statement is compulsory in the Crown Court and voluntary in the magistrates' court (s.5–6 CPIA 1996). It must set out the nature of the defence and particular matters of fact, indicate matters of law and admissibility on which issue is taken, give particulars of any alibi (with witness details), and identify points of law to be raised.

21. What is the prosecution's continuing duty of disclosure under s.7A CPIA 1996?

    The prosecutor must keep under review the question of disclosure throughout the proceedings and disclose any further material satisfying the undermining/assisting test as soon as is reasonably practicable, particularly in light of the defence statement.

22. What consequences may follow from faults in defence disclosure under s.11 CPIA 1996?

    Where the accused fails to provide a defence statement, provides it late, sets out inconsistent defences, or at trial relies on a defence not mentioned (or calls an alibi witness not disclosed), the court or jury may draw such inferences as appear proper in deciding guilt, and comment may be made by the court or another party.

23. What is the test and procedure for public interest immunity (PII) in disclosure?

    Where disclosable material attracts a real risk of serious prejudice to an important public interest, the prosecution applies to the court to withhold it. The court balances the public interest in non-disclosure against the defendant's right to a fair trial, disclosing only so much as is consistent with fairness. Applications may be on notice, on notice without specifying the material, or ex parte.

24. What is the Plea and Trial Preparation Hearing (PTPH) and when is it held?

    The PTPH is the first hearing in the Crown Court after a case is sent, normally held within about 28 days. It has two parts: the plea (arraignment) where the defendant is asked to plead to each count, and, if not guilty, trial preparation where the judge sets directions, identifies issues, and fixes the trial timetable.

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