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:
SUMMARY TRIAL
The information / written charge
written charge + requisition
= post 2003 procedure for public prosecutions
written charge - when issued begins proceedings
requisition - issued at same time as written charge - requires D to attend mags' to answer written charge
serve on D + serve copies on court named
public prosecutor issues (police, DPP, AG etc.)
advantage over laying information + obtaining summons (pre-2003 for public pros)
pros can start proceedings WITHOUT court having a say
speed up process - matter does NOT have to be approved by clerk / justice
information + summons
= post 2003 procedure for:
private prosecutions; and
public prosecutions for purposes of obtaining issue of a warrant
duplicity
duplicitous = 2 offences charged within written charge / information
if duplicitous, pros can elect which charge to proceed with
BUT single document may contain more than 1 written charge / information (CrimPR r7.2(4)
Which mags' court summary trial should take place in
mags' have jurisdiction to try summary + either way offences (MCA s2)
which mags'?
Lord Chancellor gives directions as to distribution + transfer of business in mags'
when D charged, pros decide which mags' should appear before, taking account of directions
usually mags' in local justice area of offence OR where D resides
transfer between mags'
general power
court can - on application of a party / of own motion - transfer case at any stage during proceedings
should invite representations from all parties before doing
no appeal (s27A MCA)
specific statutory provisions
PCC(S)A s10(1) if convicted in 1 mags', who are then inform also convicted of another offence in another mags' for which he is yet to be sentenced, can remit to other court
Time within summary trial should take place
summary offences - mags' must issue written charge + requisition OR serve information 6 months from the date of the commission of the offence / for continuing offences, when offence ceased to be committed (s127 MCA 1980)
either-way offences - NO time limit
if statute specifies time period - applies to both summary only and either-way
Disclosure in advance of summary trial
pros disclosure
initial details
initial details = summary of pros case and / or any written statements or documents setting out facts or matters pros base case on
by no later than beginning of day of first hearing in case, pros must - if requested - provide initial details to defence (Part 21 CrimPR)
------AND------
pre-trial disclosure
D also has right to pre-trial disclosure of pros case, in sufficient time to properly consider evidence before called (i.e. all evidence pros intends to rely on) (AG's Guidelines on Disclosure)
necessary to satisfy art 6
defence statement in mags'
mandatory in CC
optional in mags'
BUT if choose to serve and DON'T fulfil requirements, adverse inferences can be drawn
advantage of serving: triggers further pros check for previously undisclosed material which may assist D's defence
Special pleas in the context of summary trial
autrefois acquit + convict
apply as in CC
NO set procedure
unfitness to plead
NO set procedure (s4 Crim Procedure (Insanity) Act does NOT apply)
if thought D would be unfit to plead if being tried on indictment, defence have 2 options:
elect CC trial (if either-way) + JPs may decline jurisdiction on this basis anyway
D enters NG plea, pros put to proof + will be difficult to prove MR AND common-law defence of insanity available
JPs invite court to make hospital order without convicting D (MHA s37)
Procedure at summary trial
case management
court + parties required to practise active case management (CrimPR part 3)
particular requirements:
plea should be taken at first hearing (if CANNOT be taken, court should find out what likely to be)
G plea - unless committing to CC for sentence, mags' should sentence on same day if possible
NG plea - parties must ID disputed issues + inform mags (fill out Trial Prep form)
contents of Trial Prep form are admissible formal admissions only if in section of form relating to admissions
if NOT in admissions sections, only = formal admissions in exceptional circumstances
the timetable
must set
estimate of more than 1 day should be scrutinised with 'utmost rigour'
proportionate approach required - focus on simplicity + speed
should check timetable still valid at start of trial
early administrative hearings
only applies if D charged at police station
mags' of first appearance may consist of single JP (s50 CDA 1998)
procedure
D asks if wants legal aid
if does, must arrange for D to apply for + obtain (may adjourn for this + remand in custody / on bail)
pre-trial hearings
if D to be tried summarily AND has pleaded NG, pre-trial review may take place (s8A MCA)
the hearing
mags' may, if in interests of justice, make ruling on admissibility of evidence + Qs of law
court decides to make ruling of own initiative OR on application of a party
if ruling to be given:
mags' must give parties opportunity to make representations
unrepresented D must be given opportunity to apply for legal aid
any ruling is binding until case against D concluded, including on mags' who eventually try case (s8B)
can apply for ruling to be varied / discharged, if has been 'material change of circumstances' since original ruling i.e. a compelling reason
Attendance at summary trial
D fails to attend (MCA 1980 s11)
general rule
mags' must (over 18) / may (under 18) hear case in D's absence UNLESS contrary to interests of justice
court shall NOT proceed in D's absence if acceptable reason for failure to attend (BUT court NOT under duty to inquire into reasons for D's absence)
exercise with utmost care + caution
rarely right to proceed if absence involuntary (unless D represented + asks for trial to start)
if court suspects grounds to be spurious, should say + give D opportunity to resolve doubts...
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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