CRIMINAL LITIGATION 2023-2024: KNOWLEDGE QUESTIONS

Questions	Answers
Overview
What are the three ways an offence is classed?	Summary only, either way, indictable only.
What is meant by a summary only offence?	Mags court, summons served within 6 months of the offence being committed.
What is meant by an either way offence?	Triable in the mags or crown, there is no time limit in which proceedings must be started.
What is meant by an indictable only offence?	First appearance in the mags, then will be sent up to the CC.
Where will virtually all cases start?	In the mags.
How must a summons be issued?	In writing, in time, containing a statement of the offence and sufficient particulars.
What summary offences can appear on an indictment if linked to an indictable offence and what bit of statute empowers this?	S.40 CJA 1988: common assault, taking a motor vehicle without consent, driving while disqualified, criminal damage in excess of 5,000.
If there are linked summary offences, how will they be tried?	It will likely be in the interests of justice for them to be tried together.
How will low value shoplifting be treated?	Triable only summarily if that is the charge. If charged as theft, the right to elect a CC remains.
What are the proceedings for a charge following arrest?	Arrest Interview Charge Bail or No Bail 1st Appearance in Mags Arrest Interview Bailed to Return Charged on Return 1st Appearance in Mags
What are the proceedings for a postal charge requisition?	Arrest Interview Released Under Investigation Receive Written Charge and Requisition 1st Appearance in Mags Voluntary Attendance at Police Station for Interview Released Pending Investigation Receive Written Charge 1st Appearance in Mags Bail or no Bail
Documents and disclosure
What material must investigators record?	Any material which is likely to be relevant.
What reasonable investigative steps must be taken?	That of a persistent prosecutor who does not readily take ‘no’ for an answer.
What does the disclosure officer have to be?	Independent of the investigation.
What must the prosecution do?	Ensure that all material which ought to be disclosed is disclosed and to keep this under review at all stages of the trial.
How must disclosure take place where there is a vast quantity of digital material.	Dip sample the material and disclose how the dip sample came about.
When must unused material be disclosed?	Where it might reasonably be considered capable of undermining the case for the prosecution against the accused, or of assisting the case for the accused.
What material must be retained?	All material that is relevant to investigations.
What if there is no disclosable material?	The defence must be told via a written statement.
What about if material is of public interest?	It must not be disclosed.
When should a streamlined disclosure certificate be used?	In summary trials, where a not guilty plea is anticipated and the case is reasonably suited for summary trial.
What about drafts and duplicates of material?	Drafts should be kept, duplicates can be disposed of.
When must disclosure take place in the CC?	As soon as reasonably practicable after the happening of a particular event. For large and complex cases there should be a disclosure management document.
When must disclosure take place in the Mags?	At the hearing when a NG plea is entered or as soon as possible following a formula indication of plea.
When must a defence statement be served when a case is sent to the CC?	Within 28 days of prosecution disclosure. They may apply for an extension before the deadline expires.
When must a defence statement be served in the mags?	There is no obligation to, if they choose to, within 14 days of prosecution disclosure
Where D fails to set something out in the defence statement and later relies on it, what are the consequences?	The jury can be directed to draw an adverse inference but the defence statement/evidence will not be disregarded.
What is public interest immunity?	The prosecution will withhold disclosure to the minimum extent necessary to protect public interest and never imperil the overall fairness of the trial. This must be recorded in a sensitive schedule.
What must investigators specify in the sensitive schedule?	The reasons why the material is sensitive, the degree of sensitivity attaching to the material, the consequences of revealing it to the defence, the significance of the material to the issues in the trial, The involvement of third parties in bringing the material to the attention of the police The implications for continuance of the prosecution if disclosure is ordered And whether it is possible to disclose the material without compromising its sensitivity.
Can a third party be involved in disclosure?	It may be relevant, the third party must be informed of the investigation and invited to retain the material in case a request for disclosure is made.There must be some reason to believe that the third party holds relevant material. In the CC, the prosecution is under an obligation to obtain material in the hands of third parties which might be relevant to the prosecution case - done through a witness summons.
Custodial and Non-Custodial Sentences
What is the reduction for a guilty plea and how does it operate.	Maximum reduction at the first stage of proceedings is one-third; After this, it is one quarter; and It is reduced to one tenth on the first day of trial.
What happens if a guilty plea is not entered voluntarily?	The conviction will be quashed on appeal.
What is not a general aggravating factor?	The accused’s lies.
When must a pre-sentence report be obtained?	When D is aged 18 or over unless in the circumstances it is unnecessary.
What are the rules on pre-sentence report if D is under 18?	The Court must obtain and consider a pre-sentence report unless there exists a previous one and it considers it unnecessary.
Are sentences invalidated by the failure to obtain a pre-sentences report?	No.
What is a victim personal statement?	Allows the court to consider the personal impact of the offence, no obligation to give one and the absence of one does not indicate an absence on harm.
Can a victim suggest a level of sentence to the judge?	No, but they can set out the facts.
Is the victim obliged to give a VPS?	No
Does the absence of a VPS mean that the judge is allowed to infer an absence of harm?	No.
When must the court obtain a medical report?	Where D appears to have a mental disorder.
Who can request an indication as to custodial sentence?	D’s counsel if D gives written authority.
Is an indication as to sentence binding?	It is binding on the judge who has given it and any other judge who becomes responsible for the case. If the accused does not plead guilty, the indication will cease to have effect.
When is a newton hearing required?	Where D pleads guilty but there is a sharp diversion of the facts.
What should be done before resorting to a newton hearing?	See if P will agree to a written basis of plea.
What is the maximum period to adjourn before sentencing in the mags?	4 weeks if D on bail 2 weeks if D is on custody
What is the max sentence for summarily tried either way offences?	12 months imprisonment and/or fine of any amount.
What is the max sentence for summary offences?	6 months imprisonment.
What is the max sentence for criminal damage less than 5000?	3 months imprisonment.
What is a committal for sentence?	Where the Mags Court has convicted an offender (or they plead guilty) of one or more either way offence and it takes the view that its sentencing powers are inadequate, it can commit the offender to the Crown Court to be sentenced.
What is an absolute discharge and where is it appropriate?	Where the offender is convicted and the offence is not one with mandatory sentence requirements the Court may make an order for absolute discharge (whatever the age of the offender or offence committed).
What can absolute discharge not be combined with?	A punitive measure.
What is a conditional discharge?	The discharge is conditional on the offender committing no further offence during the period of conditional discharge.
What period can a conditional discharge not exceed?	3 years.
What can a conditional discharge not be combined with?	Punitive measures.
What happens if the conditional discharge is breached?	The offender can be sentenced as normal for the original offence.
When does the breach of a conditional discharge take place?	On the date of commission, not conviction.
What can a fine not be combined with?	Life sentence for murder; Other mandatory life sentences; Serious terrorism offences; Minimum sentence for a third domestic burglary offence; Hospital order; or An absolute or conditional discharge.
In what time period must a fine be capable of being paid within?	12 months.
When is a community order available?	Where the offence is punishable with imprisonment.
What are the restrictions on hours for unpaid work?	The number of hours of unpaid work must be not less than 40 but not more than 300
When does an order for unpaid work end?	When the number of hours is completed.
Does a conviction of a further offence constitute a breach of a community order?	No.
What happens if D breaches the community order?	First failure = warning, next failure within 12 months = brought back before the Court
Can a fine be imposed for a breach of a community order?	Yes, of up to 2,500.
What happens...

#19572 - Criminal Litigation 2023 2024 Knowledge Questions - BPC Criminal Litigation (formerly BPTC) 2024/2025

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