BPTC Law Notes BPTC Criminal Litigation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
The following is a more accessible plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
CUSTODIAL SENTENCES
RELEASE ON LICENCE
sentences of 12+ months (except dangerous offenders + life sentence prisoners - separate provision) must be released on license after serving half of sentence
MURDER (CJA 2003 s269)
person aged 18+ on date of conviction AND commission must be sentenced to life imprisonment (unless under 18 when offence committed)
early release provisions apply after serving specified part of sentence (unless 21+ and "whole life order" must be made)
procedure
ID starting point
take into account mitigating / aggravating factors
specify minimum term appropriate to seriousness
deduct:
days spend in remand (unless days wouldn't count if sentence had been indeterminate); or
time spent on bail subject to curfew (if CJA s240A / Crim Justice and Immigration Act 2009 sch 6 would've applied)
on passing sentence, must state reasons and starting point with reasons and reasons for departure in open court
Starting points
whole life sentence
seriousness of offence(s) is exceptionally high AND offender 21+ when committed
usually exceptionally high e.g multiple sadistic / sexual murder, sexual / sadistic child murder, murder pre-con
30 years
seriousness of offence(s) particularly high AND offender 18+ when committed
usually particularly high e.g. multiple murder, sexual / sadistic murder, murder of police
25 years
seriousness of offence(s) is NOT exceptionally / particularly high AND offender 18+ when committed AND took weapon to scene and used it to commit the murder
15 years N.B. = starting point for offenders aged 18-20
seriousness NOT exceptionally / particularly high AND offender 18+ when committed AND no weapon
12 years
offender under 18 when committed
MANDATORY MINIMUM SENTENCES
Third domestic burglary OR class A drugs trafficking (PCC(S)A 2000 s111, 112)
if prescribed sentence NOT imposed, state why in open court
pre-cons:
absolute / conditional discharges do NOT count
youth convictions do count
if requirements met, both = indictment only
early guilty plea: up to 20%
can make hospital order
burglary
must impose minimum 3 years' imprisonment (unless particular circumstances relating to the offence OR offender make it unjust to do so) if:
18+ when committed
2+ domestic burglary pre-cons when committed
all burglaries committed on / after 1 Dec 1999
offender convicted of first domestic burglary before committing second
class A drugs trafficking
must impose minimum 7 years' imprisonment (unless particular circumstances relating to the offence OR offender make it unjust to do so) if:
18+ when committed
current offence committed on / after 1 Oct 1997
2+ separate class A drug trafficking pre-cons when committed
drug trafficking = production, supply, possession with intent, importation, exportation etc.
Possession of a prohibited weapon etc. (Firearms Act 1968 s51A)
must impose (unless exceptional circumstances relating to the offence OR offender make it unjust to do so):
18+ when committed: minimum 5 years' (in young offender institution if U21)
16 or 17 when committed: minimum 3 years' in young offender institution
no reduction for G plea if reduces sentence below minimum term
DANGEROUS OFFENDERS
definitions
specified offence = listed in sch 15 CJA 2003 (2+ years' imprisonment)
serious (specified) offence = listed in sch 15 AND punishable for 18+ by life / 10+ years
main sch 15 offences
violent offences: manslaughter, kidnapping, false imprisonment, ABH, GBH, conspiracy to murder, burglary with intent to inflict GBH / do unlawful damage, arson (or aiding, abetting etc.)
sexual offences: rape, sexual assault, assault by penetration, causing person to engage in sexual activity without consent (or aiding, abetting etc.)
assessing dangerousness
the test
significant risk to members of public of serious harm occasioned by commission of further offences
the assessment (based on PSR, pre-cons, psychiatric report)
court must take into account all available info about nature + circumstances of the offence
court may take into account:
pre-cons
pattern of behaviour
info about the offender
youths: level of maturity + that young offenders may develop in shorter time than adults (R v Lang)
Life sentences for dangerous offenders (s225 CJA 2003)
court must impose life sentence if:
D 18+ convicted of "serious specified offence" (sch 15)
offence punishable with life imprisonment
seriousness of offence(s) justify life imprisonment i.e. high culpability, grave offence (Kehoe)
dangerous: significant risk to public of serious harm by D committing further specified offences
court must fix minimum term, before which D eligible for parole
offender on licence for rest of life
Extended sentences (s226A CJA 2003)
extended sentence =
appropriate custodial term
normal sentence had it not required an extension
2+ specified offences: impose term of 4 years to reflect seriousness of all
------- PLUS --------
extension period
= as long as court thinks necessary to protect public from serious harm by D committing further specified offences
offender on licence
specified violent offence: up to 5 years
specified sexual offence: up to 8 years
total = up to max sentence for offence
when can an extended sentence be imposed?
court may impose extended sentence if:
D 18+ convicted of "specified offence" (sch 15)
either
offender convicted of sch 15B offence before committing latest offence; OR
...
Buy the full version of these notes or essay plans and more in our BPTC Criminal Litigation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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