KSL ATP Criminal Litigation cheat sheet

PACE 1984 section 24: a constable may arrest without warrant where there are reasonable grounds to suspect an offence and arrest is necessary for a section 24(5) reason, such as preventing physical harm or enabling prompt investigation.

PACE 1984 section 1: stop and search requires reasonable grounds to suspect that the person is in possession of stolen or prohibited articles, offensive weapons, bladed articles, or criminal property.

PACE Code C: the first review of police detention by an inspector must occur no later than 6 hours after detention is authorised; subsequent reviews must occur at intervals not exceeding 9 hours.

PACE 1984 section 41: a detainee may not be kept in police detention without charge for more than 24 hours; a section 43 warrant extends detention to 36 hours and a section 44 extension to 96 hours.

PACE 1984 section 58: a detainee has the right to consult a solicitor privately at any time; delay is permitted only by a superintendent for an indictable offence on the narrow section 58(8) grounds.

PACE 1984 section 56: a detainee has the right to have someone informed of the arrest; delay requires superintendent rank, an indictable offence, and the same narrow grounds as for legal advice.

PACE Code C paragraph 3.4: where a detainee is or appears to be a juvenile or mentally vulnerable, an appropriate adult must be called as soon as practicable.

PACE 1984 section 34: an adverse inference from silence at interview may be drawn only where the facts later relied on in defence could reasonably have been expected to be mentioned at that time.

PACE 1984 section 18: a search of premises after arrest for an indictable offence requires the written authority of an inspector; section 32 search on arrest is limited to the arrested person and premises where arrested.

SRA Principles: Principle 1 requires upholding the rule of law and proper administration of justice; Principle 4 requires honesty; Principle 5 requires integrity; Principle 7 requires acting in the client's best interests.

The duty to the court overrides the duty to the client: a solicitor must not mislead the court or allow the court to be misled, and must correct any error promptly.

Confidentiality continues after the retainer ends; disclosure may be permitted with client consent, under a court order, or where necessary to prevent serious harm under SRA Code paragraph 6.4.

A solicitor must not act for two clients whose interests conflict; co-defendants with antagonistic defences ordinarily require separate representation because one defence may implicate the other.

The prosecution must disclose unused material capable of undermining the prosecution case or assisting the defence under the Criminal Procedure and Investigations Act 1996 section 3.

A defence advocate may act where the client admits guilt but pleads not guilty; the advocate may test the prosecution case but cannot assert innocence or advance a positive case inconsistent with the admission.

Contingency fees are prohibited in criminal proceedings; a client care letter must state the scope of work, fees, legal aid position, and the complaints route.

Where a client gives inconsistent instructions, the solicitor must clarify them and may need to cease acting if continuing would risk misleading the court.

Bail Act 1976 section 4: there is a general right to bail before conviction, subject to the exceptions in Schedule 1.

Bail Act 1976 Schedule 1 paragraph 2: bail may be refused where there are substantial grounds to believe the defendant will fail to surrender, commit an offence on bail, interfere with witnesses, or otherwise obstruct justice.

Bail Act 1976 Schedule 1 paragraph 2A: where the offence is imprisonable and triable either way or on indictment, and the defendant is already on bail for another offence, the court must consider refusing bail.

Bail Act 1976 section 3: conditions may include a surety, security, residence requirement, curfew, electronic monitoring, reporting to police, or surrender of a passport; conditions must be necessary and proportionate.

Prosecution appeal against a magistrates' grant of bail: oral notice must be given at the hearing and written notice served on the court and defendant within 2 hours under the Bail (Amendment) Act 1993.

Magistrates' Courts Act 1980 section 128: remand in custody may be for up to 8 clear days before conviction, or up to 3 weeks after conviction for sentence.

Failure to surrender to bail is an offence under Bail Act 1976 section 6; breach of other bail conditions is not itself an offence but may lead the court to remand the defendant in custody.

The court must give reasons for refusing bail or imposing conditions, and those reasons must be recorded.

The Full Code Test requires the Crown Prosecution Service to apply the evidential stage, requiring a realistic prospect of conviction, and then the public interest stage under the Code for Crown Prosecutors.

The Threshold Test may be applied where the suspect is in custody and the evidential stage is not met, provided there is reasonable suspicion and further evidence can be obtained; the decision must be reviewed.

Either-way allocation: plea before venue under Magistrates' Courts Act 1980 section 17A; if summary trial is chosen, magistrates may commit for sentence under Powers of Criminal Courts (Sentencing) Act 2000 section 3.

Indictable-only offences are sent to the Crown Court under Crime and Disorder Act 1998 section 51; either-way offences are sent under section 51A after allocation.

Initial details of the prosecution case must be served before the first hearing in the magistrates' court under Criminal Procedure Rules Part 8.

Criminal Procedure Rules Part 3: the overriding objective requires just handling; the court identifies issues, sets a timetable, and encourages cooperation between the parties.

Criminal Procedure and Investigations Act 1996: the prosecution makes initial disclosure under section 3; the defence serves a defence statement under section 5; the disclosure duty continues.

A plea and trial preparation hearing is held in the Crown Court; the first hearing is held in the magistrates' court; custody time limits are generally 56 days for summary trial and 182 days for Crown Court trial.

An information for a summary offence must be laid within 6 months of the offence under Magistrates' Courts Act 1980 section 127 unless a specific statute provides a different time limit.

In an either-way case, plea before venue occurs first; a guilty plea may lead to summary sentencing or committal for sentence if the magistrates' powers are insufficient.

Summary trial procedure: prosecution opening, examination-in-chief, cross-examination, re-examination, the defence case, closing speeches, and the bench's decision.

Magistrates' sentencing powers: generally a maximum of 6 months' imprisonment per offence and an aggregate maximum of 12 months for multiple either-way offences; fines are unlimited for offences committed after 2015.

The court must explain the sentence, state reasons in open court, and give credit for a guilty plea.

The youth court deals with defendants aged 10 to 17; reporting restrictions are automatic under Children and Young Persons Act 1933 section 49.

The legal adviser advises the justices on law, procedure, and practice, but the justices decide the facts and the sentence.

On an adjournment, the court must consider remand status, either bail or custody, and any applicable custody time limits.

Sentencing Act 2020 section 57: the purposes of sentencing are punishment, reduction of crime, reform and rehabilitation, protection of the public, and reparation.

The offence category is set by culpability and harm; aggravating and mitigating factors then adjust the sentence within the guideline range.

Guilty plea credit: about one-third at the first hearing, about one-quarter later, and about one-tenth at the trial door.

Totality: the aggregate sentence must be just and proportionate; sentences may run concurrently or consecutively as appropriate.

Custodial threshold: a custodial sentence may be imposed only where the offence is so serious that neither a fine nor a community order can be justified under Sentencing Act 2020 section 230.

Ancillary orders include compensation, costs, the victim surcharge, restraining orders, confiscation, disqualification, sexual harm prevention orders, and criminal behaviour orders.

Minimum terms include 3 years for a third domestic burglary, 7 years for Class A trafficking, and 6 months for repeat knife possession.

A suspended sentence order: the custodial term is between 14 days and 2 years, suspended for between 6 months and 2 years, with requirements attached.

The prosecution must prove its case beyond reasonable doubt; the defence proves specific defences such as insanity or diminished responsibility on the balance of probabilities.

Hearsay is inadmissible unless a Criminal Justice Act 2003 exception applies, such as an unavailable witness, a business record, or the interests of justice.

A confession is inadmissible if obtained by oppression or in consequence of anything likely to render it unreliable under PACE 1984 section 76; the court may also exclude it under section 78.

Bad character may be admitted under Criminal Justice Act 2003 section 101 through gateways including important explanatory evidence, propensity, context, attack on another's character, or agreement.

Evidence of a complainant's sexual history requires leave under Youth Justice and Criminal Evidence Act 1999 section 41 and is limited to relevant consent or credibility issues.

Special measures for vulnerable or intimidated witnesses include screens, live links, pre-recorded evidence, and intermediaries.

Where identification is disputed, the Turnbull warning requires the jury to be warned of the special need for caution and of the weaknesses in the identification evidence.

Legal professional privilege is absolute; without prejudice communications are protected from disclosure.

Crown Court trial sequence: arraignment, jury sworn, prosecution opening, prosecution evidence, defence case, closing speeches, summing up, and verdict.

Majority jury verdict: after at least 2 hours of deliberation, a verdict of 10 to 2 or 11 to 1 may be returned under Juries Act 1974 section 17.

A voir dire is held in the jury's absence to determine the admissibility of disputed evidence, commonly a confession or identification evidence.

Examination-in-chief uses no leading questions; cross-examination permits leading questions; re-examination is limited to matters arising from cross-examination.

A Galbraith submission is made at the close of the prosecution case where the evidence is so tenuous that no reasonable jury could properly convict.

The judge's summing up must direct the jury on the burden of proof, the law, the evidence, and any required warnings such as Turnbull or Lucas directions.

Advocacy duties require the defence case to be put to prosecution witnesses; counsel must not mislead the court or assert personal knowledge.

Court etiquette: a circuit judge is addressed as "Your Honour"; a High Court judge as "My Lord" or "My Lady"; advocates stand when addressing the court.

An appeal from a magistrates' court conviction or sentence to the Crown Court must normally be brought within 15 working days under Criminal Procedure Rules Part 34.

A case stated appeal goes to the High Court on a point of law or jurisdiction and must generally be brought within 21 days.

An appeal from the Crown Court to the Court of Appeal (Criminal Division) requires notice within 28 days and leave to appeal.

Criminal Appeal Act 1968 section 2: the Court of Appeal must allow an appeal if the conviction is unsafe and may dismiss it if no substantial miscarriage of justice occurred.

Fresh evidence: the Court of Appeal may receive evidence that was not reasonably available at trial and would afford a ground for appeal under section 23.

The Criminal Cases Review Commission may refer a conviction or sentence to the Court of Appeal.

The Attorney General may refer an unduly lenient sentence to the Court of Appeal for certain specified offences.

Judicial review of a magistrates' court decision lies in the Administrative Court for error of law or procedural impropriety.

The age of criminal responsibility in England and Wales is 10 under Children and Young Persons Act 1933 section 50.

The youth court deals with defendants aged 10 to 17; it sits in closed court and reporting restrictions are automatic under Children and Young Persons Act 1933 section 49.

A child or young person may be sent to the Crown Court as a grave crime under Crime and Disorder Act 1998 section 51A for offences carrying 14 years or more, or for specified firearms offences.

A vulnerable defendant may require an intermediary, a ground rules hearing, and regular breaks; unfitness to plead is determined under the statutory procedure.

Special measures under the Youth Justice and Criminal Evidence Act 1999 include screens, live links, video-recorded evidence, and intermediaries.

An appropriate adult is required for a juvenile or mentally vulnerable suspect at the police station under PACE Code C.

Youth sentences include the referral order, youth rehabilitation order, detention and training order for ages 12 to 17, and life detention for murder.

Anonymity is automatic in the youth court and may be ordered in an adult court under Youth Justice and Criminal Evidence Act 1999 section 45.