Criminal Litigation Revision Questions

What are the three methods of commencing proceedings?	Written charge and requisition (for public prosecutions); Laying information before prosecutor and issue of summons by a court (for private prosecutions or public where written charge not in force); Arrest and charge by police
What are the grounds for the police arresting someone?	An arrest may be made if: Defendant (‘D’) is about to commit a crime; D is committing a crime; There are reasonable grounds to believe D is about to commit a crime; or There are reasonable grounds to believe D is committing a crime. However the arrest must be necessary to: Ascertain D’s name or address; Prevent D: Causing physical harm to himself or another; Suffering physical harm; Causing loss of/damage to property; Committing an offence against public indecency; Causing an unlawful obstruction of a public highway; Protect a child or vulnerable person from D; Allow a prompt and effective investigation of the offence or conduct of D; or Stop D disappearing.
How long may D be detailed before charge?	36hrs within the powers of the police, and an addition 36hrs with permission of the Mags’ (generally 2 lay justices). D may not be detailed more than 96hrs without charge!
What is the initial test for detaining D?	Detention is required to: Secure/preserve evidence relating to offence; or Obtain evidence by questioning suspect. This test is used until 24hrs.
What test is applied at 24hrs?	Same as initial test, with 2 added elements: Offence is indictable; and Investigation is being done ‘diligently and expeditiously’. This test is applied by Superintendent at 24hrs, and Mags’ for giving ‘warrant for further detention’.
On what grounds may D be kept in custody, rather than released on police bail, after charged?	D’s name or address cannot be ascertained or those given by D are doubted; Reasonable grounds for believing D will fail to surrender; D is charged with an imprisonable offence and there are reasonable grounds for believing that D will commit further offences; Reasonable ground to believe D will interfere with witnesses or attempt to prevent the course of justice; Own protection
When is there a presumption in favour of bail?	In all situations, except where: When being arrested; When being charged with an offence; After conviction unless: Case is adjourned for PSR; D is brought to court for breach of a community order/youth community order; D was on bail when he committed this offence, and this offence is triable either-way or on indictment; D is charged with murder, manslaughter or other sexual offences (including rape) and has a previous conviction for one of these offences.
What is the maximum time D should spend in custody before trial?	In Mags’ for summary offence: 56days, beginning from first appearance In Mags’ for either-way offence: 70days, beginning from first appearance In Crown Court for either-way offence: 112days, beginning from date he was sent for trial by the Mags’. In Crown Court for indictable offence: 182days, beginning from date case was sent up by Mags’. The time ends with arraignment.
What are the grounds for withholding bail if the offence is imprisonable?	Substantial grounds for believing that if released D will: Fail to surrender; Commit offences while on bail; Interfere with witnesses or attempt to pervert the course of justice; Already serving a custodial sentence; D has absconded already in the present proceedings; Insufficient time for all the information to be obtained for a decision on bail to be made; and Own protection.
What are the grounds for withholding bail is the offence is non-imprisonable offence?	Own protections Already serving a custodial sentence; Where D has been arrested for a bail offence in connecting with this case; Where D has previously failed to surrender, and courts is satisfied that he would not surrender again.
What are common conditions for bail?	If objection is FTS: Security Surety Residence Reporting to a police station Electronic monitoring If objection is commit further offences: Stay in/out of a particular area Have no contract with particular person (witnesses generally) Curfew (if offence committed at night)
When can the prosecution appeal a bail decision?	Imprisonable offence; Prosecution conducted by CPS; Prosecution opposed bail; Prosecution gave oral notice of intention to appeal; Notice confirmed in writing with 2hrs; and Matter of grave concern;
How can a bail decision be appealed?	D can apply for bail in Crown Court if: D has been commit for trail or sentence for either-way offence; D has been sent to Crown Court for indictable offence; Refused bail pending appeal against conviction or sentence from the Mags’; or Where Mags’ have refused a bail application. D can apply to the High Court if: Mags’ have stated a case for the opinion of the High Court and refused bail; D is seeking judicial review on decision by Mags’ and wants bail; or Where Crown Court judge has refused bail in the course of proceedings there.
When is a PSR necessary?	Adults: It is a normal requirement in all cases, except where the court deems it unnecessary. Child: It is required unless there is a previous report already exists and the court have had regard to it (if more than one, must be the most recent PSR).
What are common submissions in a plea in mitigation?	Guilty plea (if made) Remorse Personal circumstances (poor, drug abuse) Innocent motivation Age Previous good character (if applicable) Effects of D’s family is custodial sentence is passed.
What are the options if there is a dispute as to the facts of a guilty plea? When are Mags’ allowed to commit for sentence?	There are three options: Accept D’s story and sentence on that basis; Accept the prosecutions version - only available if D’s version is manifestly absurd; or Hold a Newton hearing, where both parties call evidence in the usual way and prosecution must prove their version beyond reasonable doubt. S3 Powers of Criminal Courts (Sentencing) Act 2000 (‘PCC(S)A’): Where the Mags’ feel their sentencing powers are not sufficient they can commit any either offence. D can then be sentenced as if tried in Crown Court. S6 PCC(S)A 2000: Where the Mags’ have committed an either-way offence for sentence under s3 PCC(S)A 2000, they can commit other either-way and summary offences together. However, the Crown Court is limited to the powers of the Mags’ for these committals. S4 PCC(S)A 2000: Where the Mags’ have committed for trial an either-way offence and D has pleaded guilty for other related either-way offences, the Mags’ may commit for sentence those other offences. The Crown Court are not limited to Mags’ powers for s4 committals, unless D is acquitted for those offences committed for trial, and Mags’ do not state the s4 offences would have been committed under s3.
When can the Mags’ commit for trial?	S6 Magistrates’ Courts Act 1980 (‘MCA’): Where the Mags’ find that there sentencing powers are insufficient for an either-way offence, they can commit for trial any either-way offence.
When must the Mags’ send a case to the Crown Court?	S51 Crime and Disorder Act 1998: Where the offence is triable by indictment only, D must be sent up.
When can summary offences be dealt with by the Crown Court?	S40 Criminal Justice Act 1988: Where D is being sent to the Crown Court for an indictable offence, summary offences that are either: Founded on the same facts; or Part of a series of offences with the indictable offence; may be sent up as a linked indictable offence, appear on the indictment and tried by the jury. However, judge is limited to Mags’ powers for summary offences. NB Only certain offences can appear as linked offences. These include: Common assault; Taking a car without consent; Criminal damage; Assaulting a police officer; and Any offence punishable by imprisonment or disqualification. S41 CJA 1988: Where D is being committed from trial for an either-way offence under s6 MCA 1980 and is charged with summary offences that are: Arise out of the same facts; and Are punishable by imprisonment or disqualification; the summary offences may be sent up too. If: D is acquitted, summary offences are sent back to Mags’. D is found guilty/pleads guilty, D is asked to plead for summary offences. If: D pleads guilty, D is sentenced for summary offences within Mags’ powers; D pleads not guilty, D is either sent back to Mags’ or tried by judge as district judge without a jury.
What counts can appear on the same indictment?	Offences: Founded on the same facts; or Part of a serious of offences.
What can be done if counts are misjoined?	There are two options for this: Counts that don’t belong are deleted and those counts can be reissued; or Prefer fresh correctly drafted indictments. If trial goes ahead, CoA will quash convictions for counts that shouldn’t have been there.
What does it mean to sever to count, and when can this occur?	To sever an indictment is to split the counts and require separate trials for both. This is done where: Counts are too complicated to be tried together; or One of the counts would unfairly prejudice the jury on the other count(s).
When can defendants be joined on the same indictment?	If the offences can be joined than the defendants can be. The court has discretion to sever and have separate trials, but the presumption is in favour of joint trial.
What happens when one count charges two...

#13724 - Criminal Litigation Revision Questions - BPC Criminal Litigation (formerly BPTC) 2024/2025

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