LPC Law Notes Advanced Criminal Litigation Notes
A collection of the best LPC Advanced Criminal Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC 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 Advanced Criminal Litigation notes available in the UK this year. This collectio...
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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:
Who
What
When
Where
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:
Ascertain name/address
Protection of
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)
Oral and written notice of free legal advice (s58(1))
Safeguard rights
Let someone know they have been arrested (s56(1))
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:
Not practicable
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 ...
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A collection of the best LPC Advanced Criminal Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC 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 Advanced Criminal Litigation notes available in the UK this year. This collectio...
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