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
Juveniles Revision
At police station, juvenile = 10-16
At court, juvenile = 10-17 (anyone under 18)
Doli Incapx 10 is age of criminal responsibility
17 year olds now do have the same rights as 10-16 at the police station Code C 1.5A
If juvenile need instructions in writing in presence of appropriate adult before doing
Youths at the Police Station
Code C 1.5 a juvenile is anyone who appears to be under the age of 17
Arrival:
Duty to inform person responsible for childβs welfare why they have been arrested, why they are being detained and where. s34(8) Children and Young Person Act 1993
N.B if under LA care then inform the LA Code C 3.13
Inform Probation services Youth offending Team if under a care order Code C 3.14
Contact an appropriate adult ASAP Code C 3.15
Appropriate Adult:
Code C 3.17 has hierarchy of those to be an appropriate adult:
Parent/Guardian/LA
Social Worker
Any other responsible adult, 18+ and not connected with the police (friends, relatives etc.)
NOT appropriate if:
Police officer or police employee (Code C 1.7)
Solicitor (as conflict of interest, Code C Guidance 1F)
An interested party:
Suspected involvement
Victim
Witness
Person juvenile has previously made admissions to (Code C Guidance 1B)
Custody Sgt. Makes the decision, juvenile has not say unless estranged parent and juveniles objects (Code C Guidance 1B)
Custody officer should explain rights whilst at police station in presence of appropriate adult or repeat in front of both when adult arrives Code C 3.17, 10.12
No interview without appropriate adult Code C 11.15
Role
Advise and assist juvenile
Assist with communication between juvenile and police
Ensure appropriate police behaviour
Protect juvenile rights
Home Office Guidelines and Police should inform them of this Code C 11.17
Solicitor can object to the appropriate adult if conflict between them and the juvenile
Appropriate adult owe NO duty of confidentiality and LPP does not apply. Nothing to stop the adult turning Queens evidence.
Should get adult to sign confidentiality agreement
Solicitor can consult privately with juvenile in absence of the adult Code C Guidance 1E
Although they are often reliable some juveniles may be unreliable, misleading or self incriminating. Care should be taken and the solicitor should try to obtain supporting evidence Code C Guidance 11C
ID Procedure:
If 14+ consent of them and parent/guardian
If under 14 consent of just the parent/guardian Code D 2.12
Sample:
Non-intimate regular law applies
Intimate: authority of inspector and appropriate adult
Charging:
Charge sheet to be given to appropriate adult Code C 16.3
Bail or Custody:
Bail Act applies the same but with extra provision of protection of juvenile own interest s38(1)(b) PACE
If refused bail, juvenile to be remanded into the care of the LA
s38(6) PACE should be removed to LA accommodation UNLESS:
Impracticable (travel or transport) Code C Guidance 16D
If 12+, no secure accommodation and need to protect public from serious harm
In which case the juvenile may be kept in police detention (should not be a cell Code C 8.8)
If kept in police detention, juvenile to be brought before the next Youth Court
LASPO saw the abolition of warnings and reprimands and replaced them with youth cautions and youth conditional cautions. All existing orders are to be treated as youth cautions
Youth Caution
s66ZA Crime and Disorder Act 1998
Under 17
Requirements:
Sufficient evidence to give realistic prospect of conviction
D admits guilt
Prosecution not in the public interest
May be required to undergo an intervention programme with the youth offending team
Police can grant is summary only. For either way or indictable only the CPS approval should be obtained
ACPO gravity score for offence and then suggested appropriate action
Youth Conditional Cautions
s66G Crime and Disorder Act 1998
Must have evidence D committed offence
Sufficient evidence to charge D
D admits guilt
Effect of youth conditional caution explained
D signs a document contains details of the caution
Can be given to a youth even if previous convictions or cautions
May not be applicable for repeat offending of the same nature or similar facts during last 2 years
Conditions:
Rehabilitation
Attendance at substance abuse programmes, anger management, YOT etc.
Reparation
Apologising, repairing, making good any damage, payment
Punishment
Financial penalty, unpaid work (max. 20 hours, usually on 16-17 year olds)
Conditions to be met by 16 weeks if summary offence, and 20 weeks if either way or indictable
Effect:
Record will be kept although not a criminal conviction
Will include fingerprints, DNA and photographs
D to be reffered to the Youth Offending Team and programme for rehabilitation
Failure to comply with conditions will result in prosecution for the original offence
Youth Court
Youth court is a branch of the Magistrates court.
NO PCMH
If offence when 17 but first appearance in court at 18 then must be sent to adult Mags. R v Uxbridge...
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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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