Criminal Practice

Question 1

CRIMINAL PRACTICE 1.1
Criminal Justice System

What is the Criminal Standard of Proof?

Answer 1

To be convicted of an offence the prosecution must prove:
i. the existence of each and every element of the offence
Ii. beyond reasonable doubt.

Question 2

CRIMINAL PRACTICE 1.2
Criminal Justice System

Where do all Criminal Offences start?

Answer 2

i. Prosecution of all criminal offences starts in the Magistrates’ Court
ii. but some cases can be transferred to the Crown Court thereafter.

Question 3

CRIMINAL PRACTICE 1.3
Criminal Justice System

What are the 3 categories of Criminal Offences?

Answer 3

i. Summary Only
least serious e.g. assault & battery
Magistrates only

ii. Either Way
moderately serious e.g. ABH / GBH
Magistrates or Crown Court.

iii. Indictable Only
most serious e.g. GBH with intent, murder / manslaughter
Crown Court only

Question 4

CRIMINAL PRACTICE 1.4
Criminal Justice System

Format of Magistrates Court trial

Answer 4

i. No Jury.
ii. District Judge or panel of 2-3 Lay Magistrates decide issues of fact & law + determine guilt.

Question 5

CRIMINAL PRACTICE 1.5
Criminal Justice System

Format of Crown Court trial

Answer 5

i. Crown Court Judges decide issues of law
ii. Jury of 12 people decide issues of fact + determine guilt.

Question 6

CRIMINAL PRACTICE 1.6
Criminal Justice System

Overriding objective of Criminal Procedure Rules

Answer 6

Criminal cases must be dealt with justly =
a) Acquitting the innocent and convicting the guilty
b) Dealing with the prosecution and the defence fairly
c) Recognising the rights of a defendant
d) Respecting the interests of witnesses, victims, and jurors
e) Dealing with the case efficiently and expeditiously

Question 7

CRIMINAL PRACTICE 1.7
Criminal Justice System

ADVOCACY SUBMISSION

Mode of Trial

Answer 7

i. In deciding whether to accept jurisdiction, court must consider adequacy of sentencing powers:
ii. Magistrates:
a) max 6-months imprisonment for single offence
b) max 12-months imprisonment for 2 or more either way offences
iii. Consider sentencing guidelines – starting point + range
iv. Submit that:
a) Court sentencing powers are adequate
b) + Court should accept jurisdiction

Question 8

CRIMINAL PRACTICE 2.1
Advising Clients at the Police Station

The Police force is organised into different ranks (low to high):

Answer 8

i. Constable
ii. Sergeant
iii. Inspector
iv. Chief Inspector
v. Superintendent
vi. Chief Superintendent
vii. Assistant Chief Constable
viii. Deputy Chief Constable
ix. Chief Constable

Question 9

CRIMINAL PRACTICE 2.2.1
Advising Clients at the Police Station

All persons interviewed at the police station are entitled to:

Answer 9

i. free, private legal advice.
AND
ii. inform someone of their arrest:

Question 10

CRIMINAL PRACTICE 2.2.2
Advising Clients at the Police Station

Right to free, private legal advice. can be delayed…

Answer 10

i. up to 36 hours if indictable only or either way charge
AND
a) Superintendent or above has authorised delay because reasonable grounds to believe will lead to:
1. Interference with evidence,
2. Interference with others,
3. Alerting other suspects,
4. Hindering recovery of property

Question 11

CRIMINAL PRACTICE 2.3
Advising Clients at the Police Station

2. Right to inform someone of their arrest can be delayed…

Answer 11

i. up to 36 hours if indictable only or either way charge
AND
a) Inspector or above has authorised delay for same conditions.

Question 12

CRIMINAL PRACTICE 2.4-6
Advising Clients at the Police Station

Maximum Detention Periods:

Answer 12

i. General Rule = the suspect must be charged / released within 24 hours from the relevant time (usually when the suspect entered the police station).

ii. The period can be extended for further 12 hours (36 hours total) by superintendent or above if reasonable grounds for believing necessary to:
a) secure / preserve evidence or
b) obtain evidence by questioning

iii. On application for a warrant, Magistrates may authorise holding suspect for further 36 hours (72 hours total)

iv. + second application for 24 hours (96 hours total) without being charged or released.

Question 13

CRIMINAL PRACTICE 2.7
Advising Clients at the Police Station

When must an ID PROCEDURE be held?

Answer 13

i. witness has identified / purported to identify a suspect
ii. witness expresses an ability to identify a suspect
iii. reasonable chance of witness being able to identify a suspect

Question 14

CRIMINAL PRACTICE 2.8
Advising Clients at the Police Station

What are ID PROCEDURE rules?

Answer 14

i. Suspect has the right to have the procedure explained,
ii. Suspect entitled to free legal advice,
iii. Suspect entitled to have solicitor or friend present,
iv. Suspect is not required to cooperate with ID procedure:
a) but an ID procedure could still be held covertly,
b) + failure to cooperate could be raised at trial.
v. If suspect changes appearance = could be raised at trial.

Question 15

CRIMINAL PRACTICE 2.9
Advising Clients at the Police Station

4 Types of ID PROCEDURE

Answer 15

i. Video identification:
a) Moving images of suspect and at least 8 others are shown
b) must be similar in appearance + distinguishing features concealed
ii. Identification parade:
a) Suspect + 8 others who resemble the suspect appear in a line
iii. Group identification:
a) Witness sees suspect in an informal group, with or without suspect’s consent
iv. Confrontation:
a) A one-on-one identification
b) Suspect’s solicitor or friend may be present unless it would cause undue delay.

Question 16

CRIMINAL PRACTICE 2.10
Advising Clients at the Police Station

Possible Objections to ID PROCEDURE

Answer 16

i. Failure to take into account reasonable objections to the appearance of the others presented,
ii. Failure to keep witness away from suspect,
iii. Failure to keep witnesses apart before or during ID process,
iv. Failure to warn witness that suspect might not be shown at all.

Question 17

CRIMINAL PRACTICE 2.11
Advising Clients at the Police Station

If there is a breach of ID PROCEDURE rules:

Answer 17

i. Court may exclude evidence if it’s admission will have an adverse effect on fairness.

Question 18

CRIMINAL PRACTICE 2.12.i-iii
Advising Clients at the Police Station

Interviews at Police Station:

Answer 18

i. MUST BE RECORDED:
ii. Suspect is entitled to have a legal representative present during an interview
iii. Legal representative has a right to:
a) view suspect’s custody record
b) + obtain sufficient information to understand the nature of the offence
c) + why the detainee is under suspicion
iv. Police have no duty to disclose evidence.

Question 19

CRIMINAL PRACTICE 2.12.iv
Advising Clients at the Police Station

Caution at the start of the interview:

Answer 19

iv. Suspect must be given a caution at the start of the interview explaining that:
a) they have a right to legal representation
b) a right to remain silent
c) no obligation to answer questions
d) Anything they say can be used against them at trial
e) if they fail to mention something which they later rely on in court = an adverse inference may be drawn by the court.

Question 20

CRIMINAL PRACTICE 2.12.v
Advising Clients at the Police Station

IN INTERVIEW
An adverse inference may be drawn by the court if…

Answer 20

the suspect:
a) fails to mention something which they later rely on in court + it is a fact they could reasonably have been expected to mention in interview
b) fails to account for their presence at the scene of the offence / an object, substance, mark found on the defendant at the time of the arrest.

Question 21

CRIMINAL PRACTICE 7.4
Advising Clients at the Police Station

AT TRIAL
An adverse inference may be drawn by the court if…

Answer 21

i. Defendant puts forth new facts at trial that were not mentioned when defendant was charged
ii. Defendant fails to give evidence at trial
iii. Defendant fails to account for an object, substance, or mark found on defendant’s person, clothing at the time of arrest.
iv. Defendant fails to account for their presence at the crime scene.

Question 22

CRIMINAL PRACTICE 2.12.vii
Advising Clients at the Police Station

Suspects options at interview:

Answer 22

a) Answer questions + give full account.
b) Hand in a written statement + decline to answer further questions.
c) Decline to answer questions / stay silent / say no comment.

Question 23

CRIMINAL PRACTICE 2.12.vii
Advising Clients at the Police Station

Vulnerable Suspects

Answer 23

Vulnerable Suspects (under 18 / mental disorders) = additional safeguards:
a) Custody Officer’s responsibility to identify vulnerable suspects.
b) Entitled to access an appropriate adult to be present at questioning.
c) If an appropriate adult is not called in = any evidence obtained may be excluded

Question 24

CRIMINAL PRACTICE 2.12.vii
Advising Clients at the Police Station

Interview Oppression & Inducements

Answer 24

The interviewing officers must not:
a) use oppression (torture, inhuman or degrading treatment, use / threat of violence.)
b) offer inducements to confess.

Question 25

CRIMINAL PRACTICE 2.12.x
Advising Clients at the Police Station

Solicitor’s role at the police station:

Answer 25

a) to protect and advance the legal rights of their client, including protecting the suspect’s rights set out above.
b) A solicitor may intervene in an interview:
1. to seek clarification,
2. to challenge an improper question or manner of questioning
3. to advise their client not to reply.
4. To ask for the interview to be halted to give further legal advice.
c) A solicitor cannot be removed for performing these functions.
d) A solicitor can be removed by a superintendent if they obstruct an interview.
e) If a solicitor is removed, the client is entitled to speak to another.

Question 26

CRIMINAL PRACTICE 2.12.x
Advising Clients at the Police Station

After the interview:

Answer 26

the custody officer will decide (taking into account factors) whether suspect should be:
a) remanded in custody + produced at court at next available date.
b) released on bail + produced at court at a set date.

Question 27

CRIMINAL PRACTICE 3.1
Bail Applications at Court

1. If a suspect is denied bail by the Custody Officer at the Police Station…

Answer 27

the suspect will be produced at Magistrates Court at the next available hearing.

Question 28

CRIMINAL PRACTICE 3.2
Bail Applications at Court

Right to Bail

Answer 28

2. Except in homicide cases = presumption defendant should be released on bail after appearing in Magistrates.

Question 29

CRIMINAL PRACTICE 3.3
Bail Applications at Court

Right to Bail
3. The court can only remand a defendant into custody for a non-homicide case if…

Answer 29

i. an exception to the right to bail applies and
ii. there is a real prospect of a custodial sentence being imposed if convicted

Question 30

CRIMINAL PRACTICE 3.4
Bail Applications at Court

Exceptions to the Right to Bail.

Answer 30

**i. Substantial grounds to believe the defendant would:
a) Fail to surrender
b) Commit further offences whilst on bail
c) Interfere with witnesses or otherwise obstruct justice
d) Commit an offence on bail that would cause (or cause fear of) physical or mental injury to an associated person (such as a spouse or former partner).

ii. Other Exceptions:
a) They are charged with an offence that can be tried in the Crown Court (burglary, arson, grievous bodily harm (‘GBH’)), and they were on bail at the time of the offence,
b) Custody is for their own protection.
c) Insufficient evidence to make a bail decision.
d) Failed to surrender / breached bail conditions in the same proceedings.

Question 31

CRIMINAL PRACTICE 3.7
Bail Applications at Court

if you’re arguing for the right to bail…

Answer 31

7. The court can attach conditions to bail if:
   i. they are relevant, proportionate, and enforceable.

a) Requiring the defendant to reside at a specified address, or
b) report to a local police station at specified intervals, or
c) Prohibiting the defendant from going to a particular area, or
d) from contacting certain individuals, of
e) Requiring defendant to comply with a curfew / wear an electronic tag / provide a security.

Question 32

CRIMINAL PRACTICE 3.8
Bail Applications at Court

Applications for bail for murder charges:

Answer 32

i. are heard in the Crown Court
ii. the presumption is reversed
=
bail will not be granted unless defendant can convince the court there is no significant risk that D would cause physical or mental injury to another person.

Question 33

CRIMINAL PRACTICE 3.9
Bail Applications at Court

Court must consider bail at each hearing BUT…

Answer 33

i. Defendant can only make one further bail application based on same facts + submissions = 2 total.
ii. Defendant can only make additional request for bail if there is change in circumstances / new evidence.

Question 34

CRIMINAL PRACTICE 3.10
Bail Applications at Court

If Defendant breaches their bail conditions:

Answer 34

i. They can be arrested without warrant
ii. Bail can be withdrawn / more stringent conditions imposed
iii. If they fail to surrender to bail = they commit a separate offence + risk bail being revoked.