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General Revision Notes

LPC Law Notes > Advanced Criminal Litigation Notes

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Advanced Criminal Litigation Revision Notes RTO = Road Traffic Offenders Act Mags = Magistrates Disqual. = Disqualification G = Guilty NG = Not Guilty CrimPR = Criminal Procedure Rules Code C = PACE Code C D = Defendant Overriding Objective: 'that criminal cases be dealt with justly' CrimPR 1.1(1) Rule 3.3 Must assist the court in its duty to actively manage the case Conduct: Representing more than 1 client is a conduct issue for the solicitor NOT the police (Code C, para 6, Notes for Guidance 6G) If acting for 2 clients and both have different versions of what happened you MUST refuse to act for BOTH clients. Inform the police you are withdrawing for 'professional reasons' Case Analysis: What the prosecution must prove:

1. Who

2. What

3. When

4. Where

5. How Think of it like a written charge on an indictment!
When assessing evidence go through each piece of evidence, not the elements of the offence Dealing with issues with the Police: D Description E Explanation A Action Required L Likely consequences Arrest:
? s24 PACE without warrant reasonable to believe D has committed an offence or has committed
? s24(4) Suspicion not enough
? s24(5) Reasons for arrest: o Ascertain name/address o Protection of o Investigation
? s28 Caution following Code C 10.3 (on arrest unless impractical)
? s30 Take to police station immediately or some other place for investigation

Police Station Arrival:
? s36 Custody Officer: (open and maintain a custody record) o Oral and written notice of free legal advice (s58(1)) o Safeguard rights o Let someone know they have been arrested (s56(1)) o Rights under Codes of Practice
? s37 duty to consider if there is sufficient evidence to charge or authority detention
? Rights to legal advice in interview may be withheld if authority given by superintendent, usual exception where any delay in interviewing would involve immediate risk of harm to someone or serious loss of or damage to property.
? Code C 1.1 duty to act in the interests of progressing the case Attending the police station:
? Phone custody
? Phone client
? Check custody record
? Speak with investigating officer to obtain disclosure
? Obtain clients detailed account
? Provide detailed legal advice
? Activity defend the client during interview
? Make representations to the custody officer on bail or charge Should attend when:
? Police ready to interview
? Client vulnerable
? Complainant of serious police misconduct
? Wants to speak to you in confidence
? Police wish to conduct ID procedure When attending the station for a prisoner, that person MUST be informed you are their to see them Code C 6.15 Detention: Custody Clock 24 hours from arrival at Station or if attended voluntarily then 24 hours from arrest Must be necessary (evidence preservation), indictable offence, investigation conducted diligently and expeditiously
? s41 Supt. May extend
? s42 Extend to 36 hours (secure/preserve/obtain evidence)
? s43 Apply to Mags for up to 36 hours (grounds must be writing and given to D, D must be brought to Mags for hearing and is entitled to legal representation
? s44 permit any further application for any time up to 36 hours
? ABSOLUTE MAX. 4 days (96 hours) Review Clock starts from time detention authorised
? After 6 hours Insp. or above review and opportunity to make representations
? Further review every 9 hours

Can be detained in the police post charge in order to be questioned about a separate offence. Same rights apply. Max. 3 days s128(7) Mags Court Act 1980 s56 right to have someone informed of arrest s58 right to free and independent legal advice N.B can be delayed by Supt. for up to 36 hours if indictable offence and must be confirmed in writing ASAP s58(7) (Code C 6.6) Powers of Search:
? s8 procedure for obtaining a warrant from the Mags
? Reasonable grounds that an offence has been committed
? Evidence in premises of substantial value to case
? Admissible at court
? Not privileged or excluded
? Impractical to obtain D permission???

s17 search of premises connected with arrest (i.e when arrested at home) s23(b) permits search of area where arrested (so can include the house) s18 Search of premises occupied or controlled by D when D arrested away from home only when written authorisation by Insp. (s18(4)) Seize and retain if relevant s18(2) Can seize and retain property if relevant to the case s18(2) s54(3) PACE power to seize and retain personal effects and clothing (Code C 4.2) s54(1) & (2) PACE removal of property in custody (Code C 4.1)

Identification Procedure: Used when ID is in dispute and there is available witnesses (Code D 3.12) or the investigating officer believes it may be helpful (Code D 3.13) PACE Code D
? Video: Moving images with 8 other people (solicitor must agree to)
? ID Parade: at least 8 people
? If issues of appearance (tattoos etc.) then ask for masking
? Group: Seen inn a group of people
? Confrontation: meet directly??

Code D 3.14: D offered video ID or ID parade Should be video unless: o Not practicable o ID parade more practicable ID officer must NOT be associated with case Court Turnbull warning if W claims to ID D and D disputes tis identification claiming the witness is mistaken

Viewing procedure: Attend before procedure starts Where will the witnesses be kept? Separately? Contamination?
Solicitor to be present during the ID procedure Ask witnesses questions to ensure no contamination

Code D Annex A If 2 suspects being ID'ed then must be shown with at least 12 others Code D, Annex A, para 2 Fingerprints: Taken with (in writing) or without consent s61 (Code D, para 4.2) if detained at police station for recordable offence or charged with or convicted of such offence. May use reasonable force if no consent Code D para 4.6 Impression of Footwear s61A with (in writing) or without consent. Reasonable force may be used Code D para 4.18 Samples: Intimate samples on with authority of Insp. AND with consent in writing Must have reasonable grounds for suspecting involvement in recordable offence If no consent court can draw such inferences as appear proper s62(10) Non-intimate samples taken with written consent. May be taken without consent if: Not already had those samples taken If being held on authority of the court and Insp. authorises Already convicted of recordable offence s64 allows police to retain for speculative searches if suspect subsequently convicted, otherwise must be destroyed Burdens: Pros: Evidential: admissible evidence to establish each element of the offence Legal: beyond all reasonable doubt (Woolmington v DPP) Defence: Evidential: Burden to establish a defence Legal: None generally. Burden on prosecution to disprove defence. Otherwise standard balance of probabilities. Police Bail: s47(3)(b) Before charge in order to obtain more information and investigate s38(1)(a) bail denied because:
? Name/address not ascertained
? Reasonable ground will fail to appear
? Necessary to prevent commission of further offences
? Necessary to enable samples to be taken
? Necessary to prevent him caused physical injury or loss/damage to property to another
? To prevent inference with the administration of justice or with the investigation
? Necessary for own protection s47(1A) Bail with conditions Appear before Mags ASAP, if custody then no later than first sitting s3A BA 76: 4 reasons for conditional bail

1. Failure to surrender

2. Commit offences

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