LPC Law Notes Criminal Litigation Notes
A collection of the best LPC 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 Criminal Lit notes available in the UK this year. This collection of notes is fully up...
The following is a more accessible plain text extract of the PDF sample above, taken from our Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
11 Undischarged bankrupts
(1) It is an offence for a person who is an undischarged bankrupt to act as director of, or directly or indirectly to take part in or be concerned in the promotion, formation or management of, a company, except with the leave of the court.
13 Criminal penalties
If a person acts in contravention of a disqualification order or… is guilty of an offence under section 11, he is liable—
(a) If tried at Crown Court:
on conviction on indictment, sentenced to imprisonment for no more than 2 years; or
a fine, or both; and
Crown Court may impose a Disqualification Order for up to 15 years
(b) If tried at Magistrates Court:
conviction on summary, to imprisonment for not more than 6 months; or
a fine not exceeding the statutory maximum (currently 5,000), or both; and
Magistrates Court may impose a Disqualification Order for up to 5 years
This is a strict liability offence, so it is irrelevant what the Defendant’s state of mind was (R v Doring). As there are no guidelines on sentencing for this offence, case law is relevant in order to determine the likely sentence. Case law indicates that an undischarged bankrupt taking part in management of a company, is likely to get:
A custodial order for 6 months; and
Disqualification as Director
Matters the Magistrates will take into account when deciding whether or not to accept jurisdiction and are the magistrates likely to accept Jurisdiction:
Section 19(3) Magistrates Court Act 1980 whether the sentence the magistrates would have power to impose is adequate.
Any representations made by the prosecution (including telling the court of the D’s previous convictions) or the defence.
The Allocation guidelines issued by the Sentencing Council. The starting point is to presume that the case will be suitable for summary trial unless its powers of punishment are insufficient (6 months imprisonment and or a level 5 fine).
In relation to the definitive sentencing guidelines (Magistrates’ Court Sentencing Guidelines) for Fraud – confidence the starting point sentence if the value is below 10.000 a medium level community order with a sentencing range of a fine (Band B) up to 6 weeks custody.
All factors point towards the magistrates accepting jurisdiction given the low value of the and that this was not a particularly sophisticated offence (see J. Hussein statement about how easy it was to commit the offence).
The court will almost certainly accept jurisdiction.
Plea Procedure
Allocation & Sending P.128 | In certain circumstances, either-way offences will be sent straight to the Crown Court under s.50 of the Crime and Disorder Act 1998:
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Plea before venue Procedure P.128 | Plea Before Venue: Procedure
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Allocation P.128 | 6. The prosecution will inform the court of the facts and D’s previous convictions (if any) and ask for Ancillary Orders (P.240) (CONDUCT = must see P.264) 7. The court shall consider:
8. when dealing with 2 or more offences the court should consider its sentencing powers 9. If the court decides that the offence appears more suitable for trial on indictment, the D is sent forthwith to the Crown Court 10. if court decides that the case is more suitable for summary trial, it must explain to D that:
11. Application for bail is made = accepted/refused (therefore D may either be released on bail or remanded in custody) |
Advising D on his choice of court When D can choose to be sentenced summarily or on indictment |
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Buy the full version of these notes or essay plans and more in our Criminal Litigation Notes.
A collection of the best LPC 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 Criminal Lit notes available in the UK this year. This collection of notes is fully up...
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