Criminal Law and Practice

The core principles of criminal liability 12 Topics

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Definition of an offence – actus reus

Definition of an offence – mens rea

Definition of an offence – classification

Defences – intoxication

Self-defence

Defence of another

Partial defences – loss of control

Partial defences – diminished responsibility

Principal Offender

Accomplices

Joint enterprise

Inchoate offences and attemps to commit an offence

Specified criminal offences 18 Topics

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Assault and battery

s. 47 Offences Against the Person Act 1861

s. 20 Offences Against the Person Act 1861

s. 18 Offences Against the Person Act 1861

Simple criminal damage

Aggravated criminal damage

Arson

Murder

Voluntary manslaughter

Unlawful act manslaughter

Manslaughter by gross negligence

Fraud by false representation

Fraud by abuse of position

Fraud by failing to disclose

Advising clients at the police station 10 Topics

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Right to legal advice

Right to have someone informed of arrest

Reviews and detention time limits under PACE 1984, Code C

When an identification procedure must be held

Different types of identification procedure

Procedure for carrying out an identification procedure PACE 1984, Code D

Advising a client, including vulnerable clients, whether to answer police questions

Procedure for interviewing a suspect under PACE 1984

Role and appropriate conduct by defence legal representative/solicitor including representation of vulnerable client

Role of appropriate adult and who can be an appropriate adult

Bail applications 6 Topics

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The right to bail and exceptions

Conditional bail

Procedure for applying for bail

Further applications for bail

Appeals against decisions on bail

Absconding and breaches of bail

First hearings before the magistrates’ court 4 Topics

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Classification of offences

Applying for a representation order

Procedural overview – what will happen at the hearing

The role of the defence solicitor at the hearing

Plea before Venue 2 Topics

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Procedure on defendant entering plea

Advising the client on trial venue

Allocation of business between magistrates’ court and Crown Court 2 Topics

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Procedure ss. 19–20 and s. 22A Magistrates’ Courts Act 1980

Sending without allocation s. 50A Crime and Disorder Act 1998

Case management and pre-trial hearings 3 Topics

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Magistrates’ court case management directions

Plea and Trial Preparation Hearing

Disclosure – prosecution, defence and unused material

Principles and procedures to admit and exclude evidence 9 Topics

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Burden and standard of proof (criminal trial)

Visual identification evidence and Turnbull guidance

Inferences from silence ss. 34, 35, 36, 37, 38 Criminal Justice and Public Order Act 1994

Hearsay evidence and grounds for admitting hearsay evidence

Confession evidence and challenging admissibility ss. 76 and 78 PACE 1984

Bad character evidence and the 7 gateways s. 101(1) Criminal Justice Act 2003

Procedure for admitting bad character evidence

Court’s powers to exclude bad character evidence

s.78 PACE applications to exclude evidence

Trial procedure in magistrates’ court and Crown Court 6 Topics

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Burden and standard of proof

Stages of a criminal trial, including submission of no case to answer

Difference between leading and non-leading questions

Competence and compellability

Special measures

Solicitor’s duty to the court

Sentencing 8 Topics

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Role of sentencing guidelines

Determining seriousness – aggravating and mitigating facts

Concurrent and consecutive sentences

Criminal Appeals Procedure 7 Topics

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Appeal against conviction and/or sentence from the magistrates’ court

Powers of the Crown Court

Appeal to the High Court by way of case stated

Appeal against conviction and/or sentence from the Crown Court

Grounds of appeal

Procedure for making the appeal

Powers of the Court of Appeal

Youth Court 6 Topics

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Jurisdiction and grave crimes

Allocation and youths jointly charged with adult

Role of the Sentencing Children and Young People – definitive guidelines

Referral orders

Detention and training orders

Youth rehabilitation orders

Criminal Practice Assessment

Criminal Law Assessment

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