KSL ATP Criminal Litigation key terms

The Police and Criminal Evidence Act 1984, the statute that sets out police powers of stop and search, entry, arrest, detention and questioning, together with safeguards for suspects in England and Wales.

The objective factual basis an officer must hold before arresting without a warrant; it requires more than a hunch and is judged on the information known at the time.

The formal wording read to a suspect on arrest and at interview explaining the right to silence and warning that failing to mention facts later relied on may harm the defence.

The entitlement of a detained suspect under section 58 of PACE to consult a solicitor privately at any time, which may be delayed only in narrow serious-crime circumstances.

The police officer, at least a sergeant, who decides whether to authorise detention, must secure the suspect's welfare, and reviews the need to keep the person in custody.

The periodic check by an inspector, first after six hours and then at intervals of no more than nine, deciding whether continued detention is necessary and lawful.

The statutory code of practice governing the detention, treatment and questioning of suspects, covering cells, meals, rest, interviews, vulnerable people and the role of the appropriate adult.

The rule protecting confidential communications between a client and lawyer made for legal advice or litigation, which the police cannot seize or use as evidence.

A situation where acting for one client, or pursuing a personal or commercial interest, creates a real risk of materially prejudicing another client's case.

The solicitor's duty not to reveal information about a client's affairs without authority, subject to limited exceptions such as preventing serious crime or complying with statute.

Release from custody subject to requirements such as residence, reporting to police, curfew or a surety, imposed to reduce the risk of absconding, offending or interference with witnesses.

A person who signs an agreement to pay a stated sum to the court if the bailed defendant fails to attend, giving a financial incentive to ensure compliance.

The maximum period a defendant may be held in custody before trial, set by statute and extendable only on application to the court.

Release of a suspect before any charging decision, usually with conditions, subject to statutory time limits and a requirement to return to the station.

The two-stage test prosecutors apply when charging: first whether there is sufficient evidence for a realistic prospect of conviction, then whether prosecution is in the public interest.

A charging test used when custody is necessary but the evidential picture is incomplete; it requires reasonable suspicion plus a specified condition and must be reviewed within 24 hours.

The prosecution's continuing duty under the Criminal Procedure and Investigations Act 1996 to reveal material that weakens its case or assists the defence.

A written account of the defence case served in the Crown Court, setting out the issues in dispute and triggering the prosecutor's duty of secondary disclosure.

An application to stay proceedings where delay, misconduct or manipulation of court procedures makes a fair trial impossible or bringing the case would be unfair.

The magistrates' procedure in an either-way case where the defendant indicates a plea first, so that a guilty plea leads to summary sentencing and a not guilty indication leads to allocation.

The decision whether an either-way offence is tried in the magistrates' court or the Crown Court, based on sentencing powers, mode of trial guidelines and the defendant's election.

The procedure by which a case is transferred to the Crown Court for trial under section 51 of the Crime and Disorder Act 1998, without committal proceedings.

A hearing held after a guilty plea where the defence disputes prosecution facts that would significantly affect sentence, so the judge hears evidence and makes findings.

Statutory credit reducing sentence according to how early the guilty plea is entered, commonly one third at the first hearing and progressively less afterwards.

Additional orders made alongside sentence, such as compensation, prosecution costs, restraining orders, disqualification from driving or a criminal behaviour order.

An order under the Proceeds of Crime Act requiring a convicted defendant to pay the value of benefits from criminal conduct, calculated from assets available to satisfy it.

An out-of-court statement relied on to prove the truth of its contents, inadmissible in criminal proceedings unless a statutory or common law exception applies.

Evidence of a defendant's or witness's previous misconduct or convictions, admissible only through defined statutory gateways such as propensity or relevance to an important matter in issue.

The rule requiring a court to exclude a confession if the prosecution cannot prove it was not obtained by oppression or in circumstances likely to render it unreliable.

The discretion to refuse prosecution evidence where admitting it would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

The conclusion a court may draw from a suspect's silence or failure to mention facts later relied on in defence, permitted only in defined statutory circumstances.

A defence application at the close of the prosecution case that there is no case to answer because the evidence, taken at its highest, could not support a conviction.

The warning a judge gives the jury about the special need for caution when relying on disputed identification evidence, listing factors that may weaken it.

The independent body that investigates suspected miscarriages of justice and may refer a conviction or sentence back to the Court of Appeal.

An appeal from the magistrates' court to the High Court on a point of law or excess of jurisdiction, asking the justices to state the facts found.

A parent, guardian, social worker or trained volunteer who attends police interviews with a juvenile or mentally vulnerable suspect to support communication and ensure fair treatment.

Adjustments ordered for vulnerable or intimidated witnesses, such as screens, live links, evidence recorded in advance, intermediaries or clearing the public gallery.

A pre-trial hearing in which the judge agrees how a vulnerable witness will be questioned, covering question style, duration, breaks and the use of an intermediary.

The test of whether a defendant can understand the charge, decide a plea, follow the evidence and instruct lawyers, so as to participate effectively in trial.