Intro to Criminal Litigation

Question 1

Intro to Criminal Litigation

Age of Criminal Responsibility

Answer 1

10 years old

Question 2

Intro to Criminal Litigation

Statute and Rules governing Criminal Cases

Answer 2

Police and Criminal Evidence Act 1984 (& related Codes of Practice)

Criminal Procedure Rules
Criminal Practice Directions

Question 3

Intro to Criminal Litigation

What is the Overriding Objective of the Criminal Procedure Rules (CrPR)?

Answer 3

All cases must be dealt with Justly

Everyone involved in the CJS must prepare & conduct cases as above

Question 4

Intro to Criminal Litigation

How is an “Either Way” offence allocated

(i..e what does allocation depend on)…

Answer 4

1. Will the magistrates sentencing powers be enough?
2. Election- i.e. the D can elect to be tried in Crown Court.

Question 5

Representing Clients at the Police Station

What are the 2 key elements required for lawful arrest?

Answer 5

1. Involvement Criteria- involved (or suspected or attempted) in commission of offence.
2. Neccessity Test- reasonable grounds for believing an arrest is neccessary- officer must have an actual suspicion (subjective) and there were reasonable grounds for the suspicion (objective)

Question 6

Representing Clients at the Police Station

Requirements for Citizens Arrest

Answer 6

Indictable Offence only
Neccessary to arrest the suspect and not practical for a constable to do it.