Criminal Litigation and Practice.

Criminal Litigation and Practice

Criminal Litigation focuses on the process of enforcing criminal law, from the investigation and charging of offenses to trial and sentencing. It’s a practical area of study that examines the rules, procedures, and strategies used by lawyers in criminal cases. Here's a detailed overview:

Key Stages in Criminal Litigation

i) Pre-Charge Stage

  • Police Investigation:

    • Gathering evidence, interviewing witnesses, and arresting suspects.

    • Police Powers (UK context under PACE 1984):

      • Stop and search (Section 1).

      • Arrest without a warrant (Section 24).

      • Detention and questioning (Section 40–44).

    • Right to Legal Representation:

      • Suspects have the right to consult a solicitor during interviews.

ii) Charging Decision

  • Role of the Crown Prosecution Service (CPS) (or equivalent authority):

    • Decides whether to charge a suspect based on:

      1. Evidential Test: Is there sufficient evidence for a realistic prospect of conviction?

      2. Public Interest Test: Is prosecution in the public interest?

Classification of Offenses

  • Summary Offenses:

    • Minor offenses tried in the Magistrates’ Court (e.g., minor traffic violations, common assault).

  • Either-Way Offenses:

    • Can be tried in either the Magistrates’ Court or Crown Court (e.g., theft, ABH).

  • Indictable Offenses:

    • Serious offenses tried in the Crown Court (e.g., murder, rape).

Court Processes

i) Magistrates’ Court

  • Handles:

    • All summary offenses.

    • Preliminary hearings for either-way and indictable offenses.

  • Limited sentencing powers:

    • Up to 6 months’ imprisonment for a single offense (or 12 months for multiple).

ii) Crown Court

  • Handles:

    • Trials for indictable offenses.

    • Sentencing for either-way offenses if the Magistrates’ Court refers them.

  • Trial by judge and jury.

Plea and Case Management

  • Guilty Plea:

    • Leads to sentencing.

    • Potential reduction in sentence for an early plea (up to 1/3 reduction).

  • Not Guilty Plea:

    • Leads to a trial.

    • Case Management Hearing ensures the trial is conducted efficiently, addressing:

      • Evidence disclosure.

      • Witness availability.

      • Legal arguments.

Evidence in Criminal Litigation

  • Admissibility:

    • Evidence must be relevant and fair.

    • Certain evidence may be excluded if prejudicial (PACE 1984, Section 78).

  • Types of Evidence:

    • Oral Evidence: Witness testimony.

    • Real Evidence: Physical objects (e.g., weapons, documents).

    • Hearsay: Generally inadmissible unless exceptions apply.

    • Character Evidence: Rules on introducing a defendant’s previous convictions.

  • Disclosure Obligations:

    • Prosecution must disclose all evidence that undermines its case or assists the defense (R v Ward).

Roles of Key Participants

  • Prosecution:

    • Burden of proof: Must prove the case beyond a reasonable doubt.

  • Defense:

    • Ensures the defendant’s rights are protected and presents counterarguments.

  • Judge:

    • Ensures a fair trial, rules on legal issues, and instructs the jury.

  • Jury:

    • Decides the facts and delivers a verdict in Crown Court trials.

Sentencing

  • Purposes of Sentencing:

    • Punishment, deterrence, rehabilitation, protection of the public, reparation.

  • Types of Sentences:

    • Custodial (imprisonment).

    • Community orders (unpaid work, curfews).

    • Fines and discharges.

  • Aggravating and Mitigating Factors:

    • Aggravating: Previous convictions, use of a weapon.

    • Mitigating: Guilty plea, remorse, age or health issues.

Appeals

  • Magistrates’ Court Decisions:

    • Appeals to the Crown Court (rehearing).

    • Appeals to the High Court by case stated (legal error).

  • Crown Court Decisions:

    • Appeals against conviction or sentence to the Court of Appeal.

Key Cases in Criminal Litigation

  • R v Turnbull (1976): Guidelines for assessing the reliability of eyewitness identification.

  • R v Hanson (2005): Rules on admitting bad character evidence.

  • R v Ward (1993): Duty of disclosure by the prosecution.

Practical Focus Areas in Tutoring

  1. Drafting Documents:

    • Preparing defense statements and skeleton arguments.

  2. Court Advocacy:

    • Practice cross-examination and closing speeches.

  3. Problem Solving:

    • Hypothetical scenarios for evidence admissibility or procedural errors.

  4. Case Law Application:

    • Analyzing how cases like R v Turnbull influence litigation strategies.

Would you like to focus on a specific stage, such as evidence rules, trial advocacy, or appeal procedures? Or would you like practice with hypothetical litigation scenarios?

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