Intro

Question 1

Criminal Procedure Rules (CPR)
(What? Applies to? Includes?)

Answer 1

What? A single statement of statutory and common law provisions governing the management and operation of criminal matters (updated regularly.)

Applies to ? All criminal cases in the criminal courts (includes magistrates’ courts, Crown court, and criminal division of the Court of Appeal)

Includes? Overriding objective (RULE 1) & more detailed case management powers (RULE 3)

Question 2

CPR overriding objective?

Answer 2

Part 1 of CPR: overriding objective is that criminal cases be dealt with justly (1.1- (1) )

1.1(2) : list of factors that make clear interests of all involved need to be considered (not just defendant’s ) - sometimes requires balancing act

Question 3

CPR - 1.1(2) ?

Answer 3

List of factors to help deal with criminal cases justly, and this includes :
- acquitting innocent, convicting guilty
- dealing with prosecution and defence fairly
- recognising rights of defendant (esp Art6 of ECHR : right to fair trial)
- respects interests of witnesses, victims, jurors (keeping them informed of progress as well)
- dealing with case efficiently and expeditiously
- appropriate info available to court when bail and sentencing considered
- taking into account severity of offence, complexity of issues, severity of consequences for D and others affected, needs of other cases

Question 4

Duties of participants of the case?

Answer 4

1.2 : each participant in conduct of each case must:
- respect overriding objective,
- comply with rules etc in CPR,
- at once notify court if any significant failure to follow procedure (even if not at fault)

Anyone involved in case is a ‘participant’ as above. So can include prosecutors, defence solicitors, defendant, witnesses, expert witnesses, probation officers, police officers, organisations bringing prisoners to court and possibly jurors

Question 5

Case management?

Answer 5

Part 3:
- 3.2 : sets out court’s duty
- 3.3 : sets out parties’ duty in assisting court in exercising duty under 3.2

Eg of 3.2: identifying real matters in dispute between defence and prosecution, ensuring that evidence (whether disputed or not) is always presented in shortest / simplest form, discouraging delay and encouraging co-operation

(the two above can overlap.)

Question 6

Directions by the court

Answer 6

Under Rule 3.5 - Crown court and magistrates’ courts can issue directions (parties can also seek them)… here powers of courts are pretty wide.

Eg’s of directions could be about timescale, disclosure, expert evidence, reporting restrictions etc.

Courts have also adopted standard directions

Question 7

What are the key deadlines under standard directions in criminal proceedings?

Answer 7

Prosecution:
- Serve notice of intention to introduce bad character or hearsay ≤20 days after a not guilty plea.

Defence:
- Serve defence statement ≤10 business days after prosecution’s initial disclosure.

• Give notice of reliance on hearsay as soon as reasonably practicable.
• Apply to introduce bad character of prosecution witness ≤10 business days after disclosure.
• Serve statements where witnesses will not give live evidence ≥10 business days before trial.

Objections to witness statements:
- Must be made ≤5 business days after service.

Defence response to bad character/hearsay notice:
- Indicate if opposed ≤10 business days after service.

Points of law:
- Identify with skeleton arguments ≥10 business days before trial.

Certificate of readiness:
- Both parties serve ≥10 business days before trial.

Question 8

What sanctions can the court impose under Rule 3.5(6) for failure to comply with directions?

Answer 8

General powers: Court may fix, postpone, bring forward, extend, cancel, or adjourn a hearing.

Costs: Court may exercise powers to make a costs order.

Other sanctions: Court may impose any other appropriate sanction.

Additional consequences:

• Refuse to allow the party to introduce evidence.
• Evidence may be inadmissible.
• Court may draw adverse inferences from late introduction of an issue or evidence.

Question 9

Rule 3.8 CPR?

Answer 9

Relates to case preparation and progression:

• Courts aim to avoid unnecessary delays.
• Cases may progress in a defendant’s absence if needed.
• Courts expect a plea to be entered so an appropriate timetable can be set.

Question 10

Rule 3.13 CPR?

Answer 10

Deals with conduct of a trial / appeal:

• Court manages the case with active assistance of the parties.
• Establish disputed issues and set a timetable.
• Consider witnesses and may limit the duration of any stage of the hearing.

Question 11

Overview of CPR

Answer 11

Overriding objective: Criminal cases must be dealt with justly.

Case management: Judges and parties must actively manage cases to:

• Identify issues early
• Ensure cases come to trial quickly without undue delay

Deadlines: Parties must observe deadlines and not ambush each other by failing to serve documents/applications.

Sanctions: In serious cases, judges may refuse to admit evidence or refuse to hear applications to exclude evidence.

Question 12

Summary offences only

Answer 12

• Assault
• Battery
• Committing or attempting to commit simple criminal damage where value is ≤ £5000

Question 13

Criminal justice process ? (Diagram of process)

Answer 13

1) Either arrest or written charge & requisition (and brought before magistrates’ courts)
2) Plea (either guilty or not guilty)
3) If guilty → straight to sentencing than appeal
4) If not guilty → go to trial, end up with guilty or not guilty verdict
5) If guilty → sentencing then appeal. If not guilty → acquittal.

Question 14

What are the possible outcomes at the end of a police investigation?

Answer 14

• Release from custody with no further action, OR
• Charged with an offence approved by the CPS.

Question 15

How are the vast majority of prosecutions commenced?

Answer 15

By charging a person with an offence (approved by the CPS) following arrest and investigation.

Question 16

What is a “written charge and requisition”?

Answer 16

A process where a prosecuting body compels a person to attend court to enter a plea, as an alternative to arrest.

Historically used for corporate bodies, breaches of court orders, driving offences, and regulatory offences (eg environmental protection.)
* NOW increasingly used for common offences !

Question 17

Can private individuals bring prosecutions?

(Written charge & Requisition)

Answer 17

Yes, but the CPS can intervene, take over, and even discontinue proceedings.

Question 18

What is a “litigant in person”?

Answer 18

Someone who represents themselves in legal proceedings instead of using a lawyer.

Question 19

How is public funding applied for and assessed?

Answer 19

Application made online via Legal Aid Agency portal.

Must include income/expenses details + evidence.

Two-stage test: (1) interests of justice + (2) means test. Both must be satisfied.

Question 20

What does “interests of justice” include ? (legal aid)

Answer 20

Factors like risk of losing liberty, or inability to understand proceedings.

Question 21

When can oral applications for legal aid be made directly to a court?

Answer 21

a) To magistrates if refused by an official.

b) To a Crown Court judge in urgent cases (e.g. contempt of court, breach of order with no time for a solicitor, or brought in on an arrest warrant → because of urgency ).

Question 22

What are the main courts in the criminal court structure?

Answer 22

Supreme Court
Court of Appeal (Criminal Division)
High Court (only for case stated / judicial review)
Crown Court
Magistrates’ Court
Youth Court

Question 23

What are the classifications of offences for adults?

Answer 23

i) Summary only offences
ii) Either-way offences (aka indictable, can be tried on indictment)
iii) Indictable only offences

Note: For youths, the potential sentence determines the trial venue.

Question 24

How are common law offences classified?

Answer 24

• All common law offences are indictable only.
• Maximum sentence is “at large” (up to life imprisonment in the Crown Court).

Example: Murder.

Question 25

How can statutory offences be classified?

Answer 25

Check either: a) Practitioner text, or b) Maximum sentence in statute: - Maximum “on summary conviction” only → summary only - Maximum “on indictment” only → indictable only - Both summary & indictment maximums → either-way

Question 26

How are summary only offences dealt with?

Answer 26

They can only be tried and sentenced in the Magistrates’ Court: - Plea: entered at first hearing in Magistrates’ Court. - Trial: only in Magistrates’ Court. - Sentence: only in Magistrates’ Court.

Question 27

How are indictable only offences dealt with?

Answer 27

They can only be tried and sentenced in the Crown Court: - Plea: First hearing in Magistrates’ Court (admin only), plea entered at Crown Court. - Trial: only in Crown Court. - Sentence: only in Crown Court.

Question 28

Where do all criminal cases start in England and Wales?

Answer 28

In the Magistrates’ Court (adults) or the Youth Court (under 18s, unless jointly charged with an adult).

Question 28

How can cases progress from the Magistrates’ Court?

Answer 28

Crown Court (trial court): indictable-only + some either-way. - Appeals go to Court of Appeal (Criminal Division) → Supreme Court (points of law of general public importance). Crown Court (appeal court): hears appeals from Magistrates’ Court/Youth Court. - Further appeals: High Court (case stated / judicial review). High Court (QBD): case stated / judicial review direct from Magistrates’ Court.

Question 29

How can cases progress from the Youth Court?

Answer 29

Crown Court (appeal court): hears appeals from Magistrates’ Court/Youth Court. - Further appeals: High Court (case stated / judicial review). High Court (QBD): case stated / judicial review direct from Youth Court.

Question 30

What are the key roles of courts in deciding cases?

Answer 30

- Tribunal of fact: decides disputed facts in a case. - Tribunal of law: decides disputed points of law.

Question 31

What is the role and composition of the Magistrates’ Court?

Answer 31

- First hearing for all adults (and youths jointly charged with adults). - Trials: summary only offences + either-way offences if magistrates accept jurisdiction & defendant consents. - Judges: (i) District Judge, or (ii) Deputy District Judge, or(iii) 2–3 lay magistrates (called a bench) + legal adviser. - Jury: No. - Tribunal of fact & law: District Judge or lay magistrates.

Question 32

What are the sentencing powers of the Magistrates’ Court?

Answer 32

- Imprisonment: up to 6 months for summary only offences (or less if max penalty is lower); 12 months for either-way offences. - Fines: unlimited (or statutory maximum if lower). - Committal for sentence: can send either-way offences to Crown Court for maximum sentence. - Ancillary orders: costs, other orders.

Question 33

Does the Magistrates’ Court hear criminal appeals?

Answer 33

No criminal appellate jurisdiction.

Question 34

What is the role and composition of the Crown Court?

Answer 34

- Role: Predominantly a trial court; also hears appeals and committals for sentence from Magistrates’ Court. - Judges: Circuit Judge, High Court Judge, or Recorder (part time circuit judge). - Mode of address: Your Honour (Recorder/Circuit Judge), My Lord/My Lady (High Court Judge or Senior Circuit Judge at Old Bailey). - Jury: 12 members decide guilt only. - Tribunal of fact: Jury (judge in limited circumstances). - Tribunal of law: Judge. - First hearing: In Magistrates’ or Youth Court.

Question 35

What offences does the Crown Court hear and what are its sentencing powers?

Answer 35

Trials: - All indictable-only offences. - Either-way offences: if Magistrates decline jurisdiction or defendant elects Crown Court. - Sometimes joined summary offences. Sentencing: - Imprisonment: up to life (or statutory maximum if lower). - Fines: unlimited (or statutory maximum). - Costs and ancillary orders. Committal for sentence: for either-way offences from Magistrates’ Court; Crown Court can impose any sentence allowed.

Question 36

How does the Crown Court handle appeals?

Answer 36

- Hears appeals against conviction or sentence from Magistrates’ Court and Youth Court. - Court sits: Crown Court judge + 2 lay magistrates; judge advises on law, but all have equal decision power. - Appeal = re-hearing of the case. - Can impose any decision the lower court could have made — including a more severe sentence.

Question 37

What is the role of the High Court in criminal matters?

Answer 37

Limited criminal jurisdiction. Can state a case or judicially review decisions from: - Magistrates’ Court or Youth Court - Cases already appealed from Crown Court Administrative court: cannot review trial on indictment itself, but can review related matters (e.g., irrational refusal of bail).

Question 38

What is the role and composition of the Court of Appeal (Criminal Division)?

Answer 38

- Role: Hears appeals from the Crown Court; leave required (except contempt). - Judges: Usually Court of Appeal Judges, sometimes High Court Judges, or authorised Crown Court Judges (cannot hear appeal from trial by a High Court Judge). - Mode of address: My Lord / My Lady - Jury: No - Tribunal of fact & law: Judges - First hearing / trial: None; may exceptionally receive new evidence

Question 39

When can a case reach the Supreme Court in criminal matters?

Answer 39

- Appeals from the Court of Appeal by prosecution or defence. - Leave required from Court of Appeal or Supreme Court. - Leave only granted for a point of law of general public importance. - Judges: Supreme Court Justices, addressed as My Lord / My Lady.

Question 40

Which are the trial courts and which are the appeal courts in England & Wales?

Answer 40

- Trial courts: Youth Court, Magistrates’ Court, Crown Court - Appeal courts: Crown Court, High Court, Court of Appeal (Criminal Division), Supreme Court

Question 41

How do tribunal of fact and tribunal of law differ across courts?

Answer 41

Some courts: judge undertakes both roles (e.g. Magistrates’ Court) Others: roles are split — jury = fact, judge = law (e.g. Crown Court)

Question 42

What is a deputy district judge?

Answer 42

A Barrister or Solicitor authorised to sit part time as a District Judge

Question 43

What is a magistrate?

Answer 43

Members of the public who are appointed to the magistracy -- 'lay magistrates'. (Accompanied by legal advisor in magistrates' court).

Question 44

What are the seven SRA Principles that individuals and firms must uphold?

Answer 44

(1) Uphold the rule of law and proper administration of justice (2) Uphold public trust and confidence in the profession (3) Act with independence (4) Act with honesty (5) Act with integrity (6) Encourage equality, diversity, and inclusion (7) Act in the best interests of each client

Question 45

In what contexts are professional conduct issues most likely to arise for defence solicitors?

Answer 45

- Third-party instructions – e.g., representing a detainee when asked by a relative or other third party. - Conflicts of interest – e.g., representing multiple defendants in the same case. - Confidentiality – e.g., using information from one client to help another. - Duties to the court & advocacy duties – e.g., representing a client who admits guilt, or who wishes to plead differently from what they tell you.

Question 46

Can a solicitor act on instructions from someone other than the client?

Answer 46

- CCS 1.1: Solicitors may decide whether to take on a client, provided no unlawful discrimination occurs. - CCS 3.1: You only act on instructions from the client or someone properly authorised. If you suspect instructions don’t represent the client’s wishes, you must verify before acting.

Question 47

How should a solicitor handle third-party requests to attend a police station?

Answer 47

Police cannot delay access because a solicitor was asked to attend by someone else (PACE COP C Annex B para 4). The detainee must be told a solicitor has come at another’s request and sign custody record to confirm if they want to see them. Solicitor should contact the police station to confirm instructions with the client.

Question 48

What is the general rule on conflicts of interest for defence solicitors?

Answer 48

Governed by CCS 6.2 and the Law Society Practice Note ‘Conflicts of interest in criminal cases’ (LSPNCI). Must not act if there is a conflict or significant risk of conflict between two or more current clients. Exceptions in CCS 6.2(a)&(b) do not apply in criminal cases. Conflicts may also affect confidentiality and disclosure obligations. ## Footnote Could have conflict where two parties of unequal power (co-defendants for eg), and one could be under influence of the other. Factors indicating this could be huge age gap for eg.

Question 48

What else must a solicitor consider when attending a police station for a third-party request?

Answer 48

Suspect has a right to consult a solicitor under s.58 PACE. DSCC (Defence Solicitor Call Centre) may already have been contacted; the suspect may already have a solicitor of choice or a duty solicitor assigned.

Question 49

How should a solicitor identify conflicts of interest in criminal cases?

Answer 49

One litigator generally appointed for co-defendants in publicly funded cases unless a conflict exists. Do not interview clients together. Gather full instructions from first client before meeting the second. Acting is only barred if the risk of conflict is significant.

Question 50

What are common examples of conflicts of interest in criminal cases?

Answer 50

Client A blames or may blame Client B. Advising one client might harm the interests of the other (e.g., giving evidence against them). Unequal influence between co-defendants (one may be led or pressured by the other). Past criminal history differences affecting mitigation strategies.

Question 51

What is a solicitor’s duty of confidentiality in criminal cases?

Answer 51

Governed by CCS 6.3: keep affairs of current and former clients confidential unless disclosure is allowed by law or client consents. Duty lasts forever, even after retainer ends or client dies, unless waived or overridden.

Question 51

How can solicitors attempt to avoid conflicts when representing multiple clients?

Answer 51

1) Advise C1 you may also act for C2; confirm no conflict exists. 2) Ask C1 if they foresee any conflict; if yes, cannot act for C2. 3) Inform C1 that any confidential info relevant to C2 may require disclosure with consent. 4) Repeat same process with C2, ensuring transparency and consent regarding confidential info.

Question 52

What is a solicitor’s duty of disclosure?

Answer 52

CCS 6.4: Inform the client of all material information you personally know relevant to their case. CCS 6.5: You cannot usually act for Client A if you hold confidential information for Client B that is material to A. Information barriers do not apply in criminal cases.

Question 53

How should a solicitor handle information that creates a conflict between clients?

Answer 53

If confidential info from C1 is relevant to C2, seek consent from C1 to disclose. If C1 does not consent, you cannot act for C2. Must not disclose reasons for ceasing to act (confidentiality trumps disclosure !!) Can continue acting for C1 only if C2’s confidentiality isn’t at risk.

Question 54

Can conflicts between clients in criminal cases be resolved by assigning another firm or solicitor?

Answer 54

No. Rules prohibit passing one client to another member of the firm or another firm. If conflict exists between clients or between confidentiality and disclosure, solicitor must cease acting for one or both.

Question 54

What does it mean that a solicitor is an ‘officer of the court’?

Answer 54

Overriding duty under s.50(1) Solicitors Act 1974. Must uphold the rule of law and proper administration of justice. Duty can sometimes conflict with Principle 7 (best interests of the client). PLUS: * CCS 1.4: Must not mislead client, court, or others, directly or indirectly. * Must stop acting if client insists on misleading the court.

Question 55

What rules govern solicitors regarding evidence and witnesses?

Answer 55

CCS 2.1 & 2.2: Must not tamper with evidence or influence its substance (like trying to get witness to change their evidence). CCS 1.4: Must not call a witness known to be untruthful.

Question 55

What must a solicitor disclose to the court?

Answer 55

CCS 2.7: Draw attention to relevant cases, statutory provisions, or procedural irregularities likely to affect the outcome.

Question 56

Can a defendant who admits guilt still plead not guilty?

Answer 56

Yes. Pleading not guilty is their right in an adversarial system. It is the prosecution’s job to prove guilt, not the defendant’s to prove innocence.

Question 57

How should a solicitor act if a client admits guilt but pleads not guilty?

Answer 57

The solicitor must not put forward false evidence. Advising or acting to suggest the client did not commit the offence would mislead the court * Note this would count as misleading: (i) suggesting a prosecution witness is mistaken when they clearly are not, (ii) acting in any way to claim the client didn’t commit the crime. (Can just wait and sit back to see if prosecutor manages to prove all elements of the crime though.)

Question 58

What principle determines which duty takes precedence when a solicitor’s duties conflict?

Answer 58

The public interest in the administration of justice governs, but confidentiality cannot be breached.

Question 59

What should a solicitor do if a client asks them to withhold evidence required by a court order?

Answer 59

Must comply with the court order. Cannot continue acting unless the client authorises disclosure.

Question 60

What if a solicitor is ordered to provide witness details but has no instructions from the client?

Answer 60

Inform the court that you cannot comply with directions. You cannot disclose the instructions themselves, only indicate whether instructions exist.

Question 61

What does the police need in order to make an arrest?

Answer 61

Needs 'reasonable grounds' to suspect an offence has been committed and that the arrestee has committed it. Pretty low evidential threshold

Question 62

What does the CPS need in order to charge a suspect?

Answer 62

Needs sufficient evidence (ie believe that there is sufficient evidence to provide a realistic prospect of the defendant's conviction.) Slightly higher threshold than arrest. Contents of interview at police station will be considered here (since interview is under caution, it is admissable as evidence)

Question 63

How does entering a plea work?

Answer 63

At early stages of proceedings, defendant asked to enter a plea. Defence is able to determine strength and nature of evidence as prosecution will provide initial details of the prosecution case = 'IDPC' (basically a summary of the evidence and/or witness statements.)

Question 64

What factors do defence solicitors and prosecutors look at when considering evidence?

Answer 64

- admissibility, - relevance to a fact in issue, - strength, - credibility, and - weight.

Question 65

What is the composition of the Crown Court when it hears appeals from the magistrates' courts?

Answer 65

Circuit judge sits with two lay magistrates.

Question 66

What is general guidance/rule for deciding between magistrates or crown court for either way offence.

Answer 66

Allocation guideline says that either-way offences should be tried summarily unless the outcome would clearly be a sentence in excess of the magistrates' courts' powers OR where case is unusually complex. Magistrates can also take into account when deciding : past convictions, potential personal mitigations, potential reduction for guilty plea.

Question 67

For either way offences, does the defendant have ultimate choice in the matter ?

Answer 67

Only if they plead not guilty and the magistrates decide the case is suitable for summary trial. Then, the defendant can accept trial in the Magistrates’ Court or instead elect for jury trial in the Crown Court. If however magistrates decide it’s too serious, it must go to the Crown Court (no choice).

Question 68

What happens if magistrates decide an either-way offence is suitable for summary trial?

Answer 68

Court explains this to D. D may request a sentence indication (s.20–20A MCA): court can only say if sentence likely custodial or non-custodial. If D then pleads guilty → court is bound to that type of sentence. If D keeps not guilty → indication not binding later. D is then asked if they consent to summary trial. If yes → trial in Magistrates’ Court. If no → case sent to Crown Court (s.51 CDA).

Question 69

What happens if magistrates decide an either-way offence is not suitable for summary trial?

Answer 69

Case sent to Crown Court under s.51(1) CDA. No choice for the defendant. D will attend a Plea and Trial Preparation Hearing (PTPH) at Crown Court (usually within 28 days), where the indictment is drafted. Representation can be by barristers or solicitors with Higher Rights of Audience.

Question 70

What are the syllabus 'summary only' offences ?

Answer 70

1) Assault, 2) Battery, 3) Simple criminal damage ≤ £5,000, 4) Attempt to commit simple criminal damage ≤ £5,000, 5) Attempt to commit other summary offences (but not assault or battery because you cannot be convicted of attempts for these).

Question 71

What are the syllabus 'either way / indictable' offences ?

Answer 71

1) Theft – s 1 Theft Act 1968 2) Burglary – s 9(1)(a)/(b) Theft Act 1968 3) Fraud (false representation, abuse of position, failing to disclose) 4) Assault occasioning ABH – s 47 OAPA 1861 5) Wounding/inflicting GBH – s 20 OAPA 1861 6) Criminal damage > £5,000 7) Simple arson (Attempts to commit either way offences are also either way offences.)

Question 72

What are the syllabus 'indictable only' offences?

Answer 72

1) Robbery – s 8 Theft Act 1968 2) Wounding/causing GBH with intent – s 18 OAPA 1861 3) Aggravated burglary – s 10 Theft Act 1968 4) Aggravated arson 5) Aggravated criminal damage 6) Murder (where verdict of voluntary manslaughter can be possible outcome) 7) Involuntary manslaughter (unlawful act or gross negligence) (Attempts to commit indictable only offences are also indictable only !)

Question 73

How is criminal damage classified?

Answer 73

Depends on value: ≤ £5,000 → summary only £5,000 → either-way Arson is always either-way (regardless of value).

Question 74

How is the value of criminal damage calculated?

Answer 74

Destroyed property → cost of replacement. Damaged property → lesser of repair or replacement cost. Multiple offences → aggregate value if part of a series. Value determined on representations (e.g. invoices/estimates), no strict requirement for evidence.

Question 75

What are the sentencing powers for criminal damage?

Answer 75

Summary only (≤ £5,000): max 3 months’ imprisonment or level 4 fine. Either-way (> £5,000): * Magistrates’ Court: max 12 months’ imprisonment or level 5 fine, with committal power. * Crown Court (on indictment): max 10 years’ imprisonment.

Question 76

What happens if the value of criminal damage is uncertain?

Answer 76

Defendant asked if they consent to summary trial: If yes → tried summarily (max 3 months or level 4 fine). If no → treated as either-way, higher sentencing powers apply.

Question 77

How is low-value shoplifting classified?

Answer 77

A little ambiguous here: If ≤ £200 → statute says summary only, but adult defendants may still elect Crown Court trial. For assessment purposes, treat it as theft (an either-way offence).