Prep 1 Criminal Litigation and Law

What are Real Matters in Dispute under 3.2(2)(a)

Examples could be:

* Defendnat alleges mistaken identification
* Defendnat will challenge the admissibility of a confession

Criminal Procedure Rules

Single statement of statutory and common law provisions governing the management and operation of criminal matters

Overriding Objective

To deal with criminal cases justly

Elements of Dealing with a criminal case justly under 1.1(2)

* Acquitting The innocent and convicting the guilty. 
* Dealing with the prosecution and the defence fairly. 
* Recognising the rights of a defendant, particularly those under Article Six of the European Convention on Human Rights. 
* Respecting the interests of witnesses, victims and jurors and keeping them informed of the progress of the case 
* Dealing with the case efficiently and expeditiously. 
* Ensuring this appropriate information is available to the court when bail and sentence are considered. 

Duties to Participants of the case under 1.2

* Prepare and conduct the case in accordance with the overriding objective 
* Comply with these Rules, practice directions and directions made by the court; and 
* At once inform the court and all parties of any significant failure (whether or not that participant is responsible for that failure) to taky any procedural step required by these rules, any practice direction or any direction of the court. A failure is significant if it might hinder the court in furthering the overriding objective.  

Participants in a Case

Anyone involved in any way with the criminal case

Application by the court of the overriding objective under 1.3

The court must further the overriding objective, in particular when: 

* Exercising any power given to it by legislation, including these rules. 


* Applying any practice direction 
* Interpreting any rule or practice direction. 

Presenting Evidence under Rule 3.3(2)(e)

* Ensure evidence is presented in the shortest and clearest way
* Defence must have statements of prosecution witnesses in the initial details of the prosecution case

Discouraging delay under Rule 3.3(2)(f)

Dealing with as many aspects of the case as possible and avoiding unnecessary hearings

Participation under Rule 3.3(2)(g)

Urging participants to cooperate in the progression of the case

Directions under Rule 3.5

Both Crown and Magistrates’ Court can issue directions and any party can seek a direction for example in relation to time scale, disclosure or expert evidence

Sanctions under Rule 3.5(6)

* The court may fix, postpone, bring forward, extend or adjourn a hearing
* Court may exercise its powers to make a cost order
* Court may make other such sanctions as may be appropriate

Progression of a case under Rule 3.8

A case may progress without the defendnat’s presence if necessary

Summary Only Offences

* Assault
* Battery
* Simple Criminal Damage at £5000 or less
* Attempted criminal damage as above

Either-Way offences

* Theft
* Burglary
* Fraud (false representation/ abuse of position/ failure to disclose)
* Assault occasioning actual bodily harm (s47 OAPA 1861)
* Simple criminal damage over £5000
* Simple arson
* Attempts to commit the above

Indictable only offences

* Robbery
* Wounding or causing GBH with intent
* Aggravated burglary
* Aggravated arson
* Aggravated criminal damage
* Murder
* Involuntary Manslaughter
* Attempts to commit the above

Sentencing for Criminal Damage

* As a summary only, up to 3 months imprisonment or a level 4 fine
* As an either way up to 12 months imprisonment or a level 5 fine

Criminal Justice Process

* Arrest
* Charge
* Plea
* Evidence
* Trial

Criminal Courts of First Instance

Magistrates and Crown Court

Appellate Courts

* Supreme Court
* Court of Appeal
* Divisional Court
* Crown Court hearing appeals from Magistrates Court

Where are Indictable offences heard?

Initially in the Magistrates' Court but only for administrative preliminaries, they are then sent to Crown Court almost always on the same day pursuant to s51 Crime and Disorder Act 1998

Guilty Plea before Venue

Relates to Either-way offences where a guilty plea will be presumed to be held in the Magistrates Court unless committed to Crown Court under s14 Sentencing Act 2020

Non-Guilty Plea before Venue

Relates to either-way offences where the magistrates will hear representations from both sides as to which venue would be most appropriate

Allocation

Determining where an either way offence should be heard

Indication of sentence under s20 and 20A Magistrates Court Act

The court may provide an indication of whether a custodial or non-custodial sentence would be more likely if the defendant were to consent to be tried summarily and pleaded guilty

Components of Criminal Liability

Actus Reus + Mens Rea + Absence of a Valid Defence

Potential Actus Reus

* Conduct
* Omissions
* Result Offences
* Circumstances

Circumstances where a legal duty to act might arise (Omissions)

* Statute
* Special Relationships
* Voluntary Assumption of Duty
* Contractual Duty
* Creating a dangerous situation
* Public office

Potential Mens Rea

* Intention
* Transferred Malice
* Recklessness

Absolute Liability Offences

Only necessary to prove Actus Reus and the absence of a valid defence

Oblique Intention

Where the consequence is a virtual certainty and the defendant appreciated this