criminal law

robbery mens rea

mens rea of theft (dishonestly intending to permanently deprive) and intend to use force or threat of force in order to steal

robbery actus reus

actus reus of theft and use or threat of force on any person immediately before or at the time in order to steal and the person is aware of the threat

police station procedure

arrest (when where by who), on what basis (complaint police are acting on, who made it, when), taken to police station (which one, what time), detention authorised on arrival and charge to obtain evidence by questioning, told of right to a lawyer, interview (duly cautioned), charged with offence (what is the charge and what does it mean), bail granted for attendance at court on date, defence receives initial details of prosecution case (IDPC)

magistrates first appearance procedure

district judge or magistrates with legal advisers present; legal advisor asks for confirmation of identity, reads out charge, asks how you plead; court asks whether have been advised of credit received if plead guilty at first opportunity; plea indicated; trial date set; directions given to ensure trial date is effective informed by Preparation for Effective Trial form; bail granted? with conditions?

Preparation for Effective Trial form includes

details of legal representatives; confirmation of advice about credit for guilty plea; Whether want to plead guilty but dispute prosecution version of events; What facts will be in dispute at trial, including whether detention at the police station was lawful and summary of interview is accurate; What is the anticipated defence; facts that can be admitted? to save court time; Real issues of case and any points of law (e.g. challenging evidence); estimate length of trial; How many witnesses (if any) will be called to give evidence for D

preparation before trial

court decides whether preliminary issues are dealt with pre-trial hearing or on the trial day; solicitor to abide by duty to comply with court preparation directions and time periods prescribed by court including: written admissions of agreed facts, serving defence statement on pros and court (if applicable for Crown), drafting skeleton argument if applicable e.g. why evidence should be challenged; certifying they are ready for trial

grounds for appeal against sentence

sentence was wrong in principle or manifestly excessive

sentencing power of crown on appeal against sentence

rehears whole case. can confirm reverse or vary a sentence and can use any power the magistrates could have used. can increase sentence up to the max available to mags for this offence (not necessarily the full 12 month limit that mags has but max for the offence). always advise that sentence can increase or be immediate custody. note sentence remains in force while appeal is pending.

effect of basis of plea

D’s account of facts but has to be agreed by both parties to be submitted. so if judge does not accept basis must sentence on D version of facts or hold a newton hearing.

using sentence recommendation in appeal against sentence

court is not bound by a sentence recommendation by the court duty probation officer so this is not in itself evidence of excessive sentence if they exceed recommendation. phrase is as ‘judge departed from it without explanation’.

definition of statutory custody threshold

the offence is so serious that neither a fine nor a community sentence can be justified

relationship with sentencing guidelines and custody threshold

separate concepts. if custody sentence within the range suggests that potential for custody threshold to be met, but threshold is an additional test to be applied to justify ordering a custody sentence.