BPTC Law Notes BPTC Criminal Litigation Notes
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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:
Timetable After Charge
(1) Bring before Mags
s46 PACE- A person in police custody must be brought before Mags:
“As soon as is practicable and in any event no later than the first sitting after he is charged with the offence.”
This can be done before a single JP.
Dmustbe asked if he wants legal representation, and if so provision must be made. Mags must deal withwhereit will be charged, andbail.
(2) Initial Details
When are you entitled to them?
Only entitled to these in Mags (summary/EW offences).
No details for indictable (E.g. murder) perPt 10 CPR.
Police must serve underr10.2 CPR“as soon as practicable”and“in any event, no later than the beginning of the first hearing”.
There are no specific consequences for non-compliance, but most likely non-disclosure will be prejudicial to D, so Mags likely to adjourn.
What are “Initial Details”?
r10.3 CPRdefines them as:
Asummary of the evidence;or
Anystatement, document or extract setting out the facts;or
Anycombination of the above;and
D’s previous convictions.
(3) Case Management Form & Time Limits
Case Management Form
Once plea of NG entered, case will be adjourned to prepare for Trial.
There is astandardisedform in four parts:
Part 1 - Completed by Prosecution and requires prosecution details, and case management information to be provided, and directions requested by Prosecution.
Part 2 - Equivalent for thedefence. Notifies D that trial may continue in his absence, and early plea gets sentencing discount.
Part 3 - (a) Each side must list intended witnesses and (b) The court must specify whether intended prosecution witnesses are justified.
Part 4 - Court must record its directions for trial.
Whilst this form is to avoid unnecessary pre-trial hearings, some binding pre-trial hearings are necessary unders8A MCA 1980to resolve issues such as evidence (bad character, hearsay) or issues of law (abuse of processetc).
Time Limits
The following time limits apply perCriminal PD, Annex E:
Matter | Time Period |
Written admissions | 14 days; |
DefenceStatement (r22.4 CPR,s6 CPIA 1996) &DefenceWitnesses (s6C CPIA 1996) with Application for Prosecution disclosure (r22.2-22.5 CPR,s8 CPIA 1996) - | 14 days after prosecutor’s disclosure; |
Prosecutor’s Response | 14 days after that |
Measures to assist witnesses | within 14 days. |
XX when D isn’t represented - | Within 7 days (r31 CPR) |
Expert Evidence - meeting of experts within 14 days of this... Parties must notify immediately after this if trial length is affected. | Within 28 days, or if attending notice within 7 days after this, reliance 14 days after this, |
Notice of Hearsay (r34.2,-3) | by prosecutor within 14 days, or asap if defendant. |
Notice of Bad Character - | 14 days (r35.2-4 CPR) |
Evidence of Complainant’s Previous SexualBehaviour- | 28 days of prosecution disclosure (r36.2-5); |
Skeleton Argument | at least 14 days before trial. |
Skeleton Argument | in reply 7 days after that |
Certify readiness for trial | at least 14 days before trial. |
P's Initial Disclosure | r10 allows D to request Initial Details before day of first hearing. If no request is made, and in any event, P must serve ASAP and no later than the beginning of the day of the first hearing (r10.2(2)). |
Early Guilty Plea Hearing (EGPH) | This is the time D can get "full credit". This should take place 10-14 days after sending date in Magistrates, unless Pre-Sentence Report is required, then within 4 weeks. |
Preliminary Hearing at CC | This should take place 10-14 days after sending to CC from Mags EXCEPT in murder/terrorism cases where within 48 hrs. (as Mags have no jurisdiction to remand in custody) |
PCMH Advocates' Questionnaire | This is filled in by P and D, and the hearing takes place in presence of D. The Court deals with:
|
PCMH (Usually, last hearing before Trial, unless "Preparatory Hearing" is necessary (eg: usually in complex fraud cases. Before jury is sworn but PH forms part of trial itself) | This should be held within:
|
(4) Advantages/Disadvantages of CC or Summary Trial
Advantages of Summary Trial | Advantages of CC Trial |
|
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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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