SQE: CLP [FINAL]

CPR: "overriding objective" (Rule 1)...

..."justly" (i.e. NOT "proportionate cost").

CPR: "overriding objective" (Rule 1)—factors going to "justly"...

(i) acquitting

PRP: advice to suspects—i. interview options—written statement risky BECAUSE...

...any fact NOT mentioned could draw adverse inferences.

PRP: inference—if suspect is NOT cautioned...

...no inferences can be drawn.

CPR: standard directions—D MUST serve defence statement within...

...10 business days after P purports to comply with initial disclosure.

CPR: standard directions—D MUST indicate opposition to bad character application within...

...10 business days after service of notice.

CPR: standard directions—D MUST notify P that witness required to attend within...

...5 business days after service of witness statement.

CPR: standard directions—prosecution MUST service notice of bad character OR hearsay by...

...20 days after not guilty plea entered.

[missing standard directions on "continued"]

CPR: sanctions (3.5(6))—

(i) fix, postpone, bring forward, extend, cancel or adjourn hearings;

(ii) costs order;

(iii) other sanction if "appropriate";

(iv) refusal to admit evidence;

(v) adverse inference.

PS: individuals can be brought to court via...

(i) arrest + charge;

(ii) written charge + requisition.

PS: written charge + requisition—increasingly used for...

...common offences.

PS: CPS—prosecute offences investigated by...

(i) police;

(ii) HMRC;

(iii) government departments.

PS: private prosecutions—CPS has right to...

(i) intervene; OR

(ii) take-over.

PS: appeal—defendant may appeal EITHER...

(i) conviction;

(ii) sentence.

PS: appeal—from Magistrates Courts courts does NOT require...

(i) grounds;

(ii) leave.

PS: appeal—Crown Court to EWCA AND EWCA to UKSC require...

(i) grounds;

(ii) leave.

PS: appeal—UKSC will only hear appeal IF...

..."point of general public importance."

PS: offences—3 types...

(i) summary only;

(ii) 'either-way';

(iii) indictable only.

PS: offences—common law offences are always...

...indictable only.

PS: offences—common law offences maximum sentence...

...life imprisonment.

PS: offences—statutory offences are classified in...

(i) sentencing guidelines;

(ii) practitioners' texts.

PS: offences—indictable only begin...

...in Magistrates Court (NB no plea taken there).

PS: offences—'either-way' offences stay in Magistrates' Court IF...

...Magistrates' Court "accepts jurisdiction".

PS: sentence—options in Magistrates' Court...

(i) unlimited fine;

(ii) 6 months (1 offence);

(iii) 12 months (2 "either-way" offences);

(iv) commital to CC.

PS: appeal—Magistrates' Court appeals go to...

...Crown Court.

PS: Crown Court—judges...

(i) Circuit Judge;

(ii) High Court Judge;

(iii) Recorder.

PS: Crown Court—mode of address—Circuit Judges and Recorders...

..."your honour".

PS: Crown Court—mode of address—High Court Judge...

..."my Lord/Lady".

PS: Crown Court—mode of address—any judge in Central Criminal Court...

..."my Lord/Lady".

PS: Crown Court—offences heard...

(i) indictable only;

(ii) either-way, IF MC declines jurisdiction;

(iii) summary IF joined to indictable/either-way.

PS: Crown Court—sentencing options...

(i) life impriosonment or statutory max;

(ii) unlimited fine or statutory max.

PS: Crown Court—appeals from Magistrates' Court—judges...

(i) CC judge; AND

(ii) 2 lay magistrates.

PS: Crown Court—appeals from Magistrates' Court—lay magistrates and CC judge equal...

...decision-making power.

PS: Crown Court—appeals from Magistrates' Court—options for sentencing...

...any sentence the lower court could give.

PS: High Court—limited jurisdiction as regards...

...criminal matters.

PS: High Court—re criminal matters hears only...

...appeals "by way of case stated".

PS: High Court—appeals by way of case stated—entail ONLY...

...review of administrative aspects of court process (e.g. bail decisions)(i.e. NOT sentence or verdict).

PS: EWCA—appeals require leave BUT "as of right" for...

...contempt of court.

PS: EWCA—judges...

(i) EWCA judges;

(ii) EWHC judges;

(iii) EWCC judges, if authorised.

PS: EWCA—CC judges may not sit IF...

...initial case heard in EWCC by EWHC judge.

PS: EWCA—does not hear...

...trials (i.e. no jury).

PS: EWCA—tribunals of fact AND law are...

...the judges (i.e. no jury).

PS: EWCA—sentence—does not pass sentence but may...

...alter original sentence.

PS: EWCA—sentence—appeals against sentence—court cannot...

...sentence more severely

PS: EWCA—sentence—appeals against conviction—2 options for court on upholding appeal...

(i) quash;

(ii) re-trial, IF prosecution applies.

PS: EWCA—appeals against terminatory ruling—court can...

(i) dismiss;

(ii) reverse ruling AND remit for re-trial.

PS: EWCA—appeals against terminatory ruling—defined as...

...ruling of law that brings proceeding to an end.

PS: EWCA—sentence—appeals against ruling at preparatory hearing in serious fraud cases—court can..

(i) dismiss;

(ii) reverse ruling AND remit for re-trial.

PS: EWCA—sentence—appeal to increase sentence ONLY possible IF...

...application made by AG.

PS: EWCA—2 causes of action AG may bring by application...

(i) review unduly lenient sentence;

(ii) clarify point of law on acquittal.

PS: EWCA—appeals—3 options to determine reference by Criminal Cases Review Commission...

(i) dismiss reference;

(ii) quash conviction;

(iii) retrial, IF prosecution applies.

PS: EWCA—appeal further to UKSC, IF...

...UKSC grants leave.

CPR: Criminal Procedure Rules—combine law from...

...statute AND common law.

CPR: Criminal Procedure Rules—'overriding objective' (Rule 1)...

...criminal cases be dealt with justly.

CPR: overriding objective (Rule 1)—court bound to apply WHEN...

(i) exercising statutory power (inc CPR);

(ii) applying practice directions;

(iii) interpreting rules OR practice directions.

CPR: case management (Rule 3)—3.2(2)(e) presentation of evidence—

CPR: case management (Rule 3)—3.2(2)(f) discouraging delay—

CPR: case management (Rule 3)—3.2(2)(g) encouraging co-operation—

CPR: case management (Rule 3)—3.5 directions—standard directions—after not guilty plea, prosecution has 20 days to give notice of intention to...

(i) introduce D's bad character; OR

(ii) introduce hearsay evidence.

CPR: case management (Rule 3)—3.5 directions—standard directions—after prosecution complies with initial disclosure, defence has 10 business days to...

...serve defence statement (if to be served).

CPR: case management (Rule 3)—3.5 directions—standard directions—after service of witness statement, defence has 5 business days to give notice of...

...witnesses required to give live evidence to court.

CPR: case management (Rule 3)—3.5 directions—standard directions—after bad character/hearsay evidence notice by prosecution, defence has 10 business days to...

...indicate opposition.

CPR: case management (Rule 3)—3.5 directions—standard directions—defence must give notice of intention to rely on hearsay...

...as soon as reasonably practicable.

CPR: case management (Rule 3)—3.5 directions—standard directions—defence must apply to introduce prosecution witness' bad character within...

...10 business days after prosecution disclosure.

CPR: case management (Rule 3)—3.5 directions—standard directions—where witness not called to give live evidence, defence must serve any statements...

...at least 10 business days pre-trial.

CPR: case management (Rule 3)—3.5 directions—standard directions—defence and prosecution must identify points of law with skeleton arguments...

...at least 10 business days pre-trial.

CPR: case management (Rule 3)—3.5 directions—standard directions—defence and prosecution must serve certificate of readiness...

...10 business days pre-trial.

CPR: case management (Rule 3)—3.5(6) sanctions—main...

(i) move, adjourn, extend or cancel hearings;

(ii) costs orders;

(iii) other sanctions as appropriate.

CPR: case management (Rule 3)—3.5(6) sanctions—in additional notes...

(i) evidence refused;

(ii) evidence declared inadmissible;

(iii) adverse influences (i.e. from lateness).

CPR: case management (Rule 3)—3.8 case preparation + progression—

CPR: case management (Rule 3)—3.13 conduct of trial + appeal—

CPR: case management (Rule 3)—3.5(6) sanctions—

PRC: 3rd-party instructions

PRC: conflicts of interest

PRP: arrest—in statute "constable" refers to...

...police officers of any rank.

PRP: arrest—powers mostly dictated by...

(i) PACE 1984; AND

(ii) Codes of Practice (x8, A-H).

PRP: arrest—each Code of Practice associated with PACE is accompanied by...

...explanatory 'Notes for Guidance'.

PRP: arrest—effect of breaches of Codes of Practice (or associated Notes for Guidance)...

...evidence NOT inadmissible; BUT breach forms basis of application to exclude it.

PRP: arrest—the Codes of Practice are admissible as...

...evidence in criminal OR civil proceedings.

PRP: arrest—breaching the Codes of Practice does NOT render the breaching officer...

...liable to civil OR criminal proceedings.

PRP: arrest—requires officer to demonstrate...

(i) legal authority to exercise power;

(ii) lawful exercise power.

PRP: arrest—PACE mnemonic...

P: identify the Power;

A: identify Authority granting power;

C: identify whether Criteria met;

E: is the power Exercised correctly.

PRP: arrest—PACE contains no definition of...

...arrest.

PRP: arrest—typically defined as...

...total "deprivation of liberty" (i.e. NOT mere restriction of movement).

PRP: arrest—power of arrest is subject to...

...Article 5 ECHR.

PRP: arrest—main power of arrest used by police...

...s24 power of arrest without warrant.

PRP: arrest—s24 arrest without warrant—2 basic requirements...

(i) grounds for arrest;

(ii) reason for arrest.

PRP: arrest—s24 arrest without warrant—i. grounds— i.e. constable has reasonable grounds to suspect is...

(i) about to commit an offence;

(ii) committing an offence.

PRP: arrest—s24 arrest without warrant—i. grounds— "reasonable grounds" test in 2 parts...

(i) constable's subjective suspicion;

(ii) objectively reasonable..

PRP: arrest—s24 arrest without warrant—i. grounds— objectively reasonable suspicion MUST be based on...

(i) facts/information/intelligence;

(ii) NOT factors personal to person; (iii) NOT Wednesbury unreasonable.

PRP: arrest—s24 arrest without warrant—i. grounds—reasonableness relates to facts NOT law, SO arrest on basis of officer's reasonable mistake as to law is...

...unreasonable.

PRP: arrest—s24 arrest without warrant—ii. reason ("necessity test")—i.e. power of arrest exercisable ONLY if reasonably necessary to...

(i) ensure prompt + effective investigation;

(ii) prevent hindering prosecution (i.e. by suspect disappearing);

PREVENT suspect from...

(iii) causing injury;

(iv) suffering injury;

(v) causing property loss OR damage;

(vi) causing highway obstruction;

(vi) committing public decency offence(s); OR

OBTAIN suspect's...

(vii) name OR address.

PRP: arrest—s24 arrest without warrant—exercisable by...

(i) constables (for any offence); AND

(ii) civilians (for indictable offences).

PRP: arrest—common law power of arrest to prevent BOP—available IF reasonable grounds to believe...

(i) BOP being committed;

(ii) BOP committed imminently; OR

(iii) BOP already committed.

PRP: arrest—arrest with warrant—Magistrates' Court—may issue warrant IF (s1 MCA 1980)...

(i) suspect's address uncertain (IF suspicion substantiated under oath);

(ii) suspect failed to answer summons;

(iii) suspect failed to surrender to custody, following bail.

PRP: arrest—arrest with warrant—Crown Court—may issue warrant IF...

(i) suspect fails to attend court; AND

(ii) suspect bailed to do so.

PRP: arrest—arrest with warrant—Crown Court—if warrant "backed for bail" ("B/W/B/F/B")...

...suspect released and given date to appear in court.

PRP: arrest—arrest with warrant—Crown Court—if warrant "not backed for bail" ("B/W/N/B/F/B")...

...suspect held in custody until court appearance.

PRP: arrest—general requirements—to be lawful, detainee must be told...

(i) under arrest;

(ii) grounds;

(iii) BY arresting officer/colleague.