BSB Criminal Litigation cheat sheet

PACE 1984 s.24 permits arrest without warrant where an officer has reasonable grounds to suspect an offence has been, is being, or is about to be committed and arrest is necessary for a s.24(5) purpose.

Necessity grounds under s.24(5) include enabling the person's name or address to be ascertained, preventing harm or loss, protecting a child or vulnerable person, allowing prompt and effective investigation, and preventing disappearance.

Detention without charge is reviewed initially not later than 6 hours after the detention was authorised, then at intervals not exceeding 9 hours, by an inspector or officer of higher rank.

A superintendent or higher rank may extend detention without charge to a maximum of 36 hours for an indictable offence; further extension beyond 36 hours up to 96 hours requires a magistrates' court warrant.

PACE s.58 gives a detained person a right to consult a solicitor; delay is permitted only for an indictable offence and only if a superintendent or higher rank authorises it on specified grounds.

The police caution states that the person need not say anything, that it may harm the defence to rely in court on something not mentioned when questioned, and that anything said may be given in evidence.

A special warning under ss.36-37 CJPOA 1994 may be given where the suspect fails to account for an object, mark, or presence at the scene, provided the matter is one the suspect could reasonably be expected to explain.

The Full Code Test has two stages: evidential sufficiency (realistic prospect of conviction or other legal test met) and public interest; both must be satisfied before charge.

Information for a summary-only offence must normally be laid within six months of the offence; there is no equivalent statutory time limit for either-way or indictable-only offences.

Bail Act 1976 s.4 creates a general right to bail before conviction, subject to the exceptions in Schedule 1; the court must give reasons if withholding bail.

Schedule 1 paragraph 2 grounds include substantial risk of failure to surrender, commission of an offence on bail, interference with witnesses, or obstruction of the course of justice.

Bail conditions may be imposed only if necessary to secure surrender, prevent offending on bail, prevent interference with witnesses, or for the defendant's own protection; conditions must be proportionate.

A magistrates' court may remand an accused in custody for a period not exceeding 8 clear days at a time, unless a statutory exception permits a longer period.

Custody time limits include 56 days from first appearance to summary trial and 112 days from sending or committal to trial in the Crown Court; expiry requires release on bail unless the limit is extended.

Failure to surrender to bail is an offence under s.6 Bail Act 1976; the court may also remand in custody for the original offence and consider the failure as aggravation.

A person arrested for breach of bail conditions under s.7 Bail Act 1976 must be brought before a magistrates' court within 24 hours or as soon as practicable, and the court may remand in custody or on bail.

A bail decision may be appealed to the Crown Court, or in some cases to the High Court; the appeal court can vary conditions or grant bail.

CPIA 1996 s.3 requires the prosecutor to disclose material that might reasonably be considered capable of undermining the prosecution case or assisting the defence case.

The prosecution must provide initial details of its case and a schedule of unused material; sensitive material is listed separately and may be withheld subject to public interest immunity.

A defence statement in the Crown Court must set out the nature of the defence, the matters of fact in dispute, any points of law, and particulars of alibi; it triggers prosecution review and further disclosure.

Disclosure is a continuing duty: the prosecutor must keep under review whether material must be disclosed as the case develops.

Public interest immunity may justify withholding material from the defence; the court decides the claim, and the prosecution must not conduct the trial unfairly.

A failure by the defence to comply with disclosure obligations may attract adverse comment and, in the Crown Court, sanctions under CPIA s.11.

Third-party material, such as medical or social services records, is not in the prosecutor's possession; the court may be asked to order production or issue a witness summons.

The CPIA Code of Practice governs the recording, retention, and disclosure of unused material by investigators and disclosure officers.

Disclosure breaches can found an application to stay proceedings for abuse of process or to exclude evidence under PACE s.78 where fairness is adversely affected.

Offences are summary-only, either-way, or indictable-only; indictable-only cases are sent immediately to the Crown Court under s.51 Crime and Disorder Act 1998.

In an either-way case, plea before venue occurs first; if the defendant pleads guilty, the magistrates may sentence or commit to the Crown Court for sentence.

If the defendant pleads not guilty, the magistrates decide whether the case is suitable for summary trial, considering their sentencing powers and the allocated sentencing guidelines.

The defendant may consent to summary trial or elect trial in the Crown Court; if the magistrates decline summary trial, the case is sent to the Crown Court.

Committal for sentence under s.3 PCC(S)A 2000 may occur where the magistrates' sentencing powers are insufficient, for certain offences, or where the offender is dangerous.

Summary trial follows Criminal Procedure Rules Part 24; the court may proceed in the defendant's absence if satisfied the defendant knew of the hearing and no good reason for absence exists.

A Newton hearing determines disputed facts where a guilty plea is entered but the factual basis is not agreed and the dispute is material to sentence.

Magistrates' court sentencing powers are subject to statutory maxima; for a single offence the usual maximum custodial term is 6 months, and aggregate limits apply to multiple either-way offences.

The sending procedure may use live links; the Crown Court then controls the case, including plea and trial preparation hearings.

The prosecution bears the legal burden of proving all elements of the offence beyond reasonable doubt; the defendant generally bears only an evidential burden for defences.

Hearsay is a statement made outside court relied on for its truth; under CJA 2003 s.114 it is admissible only through a statutory exception or the interests-of-justice gateway.

CJA 2003 s.116 permits hearsay where the maker is unavailable, for example by death, illness, absence abroad, or fear, subject to the court's discretion to exclude.

Business records are admissible under CJA 2003 s.117 if compiled in the course of a trade, business, or profession from information supplied by someone with personal knowledge.

Bad character of a defendant is admissible only through a CJA 2003 s.101 gateway, including agreement, witnessed misconduct, important explanatory evidence, correction of a false impression, or propensity.

A confession is inadmissible under PACE s.76 if obtained by oppression or if its admission would be unreliable; the court may also exclude it under s.78.

Turnbull guidelines require a warning about the special need for caution before relying on identification evidence, and the jury must consider the circumstances of the identification.

PACE s.78 gives the court discretion to exclude prosecution evidence if its admission would have such an adverse effect on the fairness of proceedings that the court ought not to admit it.

Legal professional privilege protects confidential communications between lawyer and client for legal advice or litigation; it is not a mere discretion and cannot be overridden by public interest immunity.

Sentencing Act 2020 s.57 lists the purposes of sentencing: punishment, reduction of crime including deterrence, reform and rehabilitation, protection of the public, and reparation by offenders.

The seriousness of an offence is determined by culpability and harm; sentencing guidelines identify categories and starting points, which the court must follow unless contrary to the interests of justice.

Guilty plea credit under Sentencing Act 2020 s.73 is normally one-third at the first stage, decreasing as the case progresses; the court must state the credit given.

A custodial sentence may be imposed only if the offence is so serious that neither a fine nor a community order can be justified, or the offence is one for which custody is required by statute.

Aggravating factors include previous convictions, offence committed on bail, racial or religious aggravation, and vulnerable victims; mitigating factors include remorse, age, and personal circumstances.

Consecutive sentences are imposed for separate offences; the totality principle requires the overall sentence to be just and proportionate.

Ancillary orders include compensation, prosecution costs, victim surcharge, restraining orders, and disqualification; the court must give reasons for making them.

A suspended sentence order may be imposed where the custodial term is within the statutory limit; the sentence is activated in whole or part if the offender commits a further offence or breaches requirements.

Where facts are disputed after a guilty plea, a Newton hearing may be held; if the prosecution cannot prove its version beyond reasonable doubt, sentence is passed on the defence version.

An appeal from a magistrates' court conviction or sentence lies to the Crown Court under MCA 1980 s.108; notice of appeal must normally be given within 21 days after the sentence.

A party may appeal a magistrates' court decision to the High Court by case stated on a point of law or excess of jurisdiction under MCA 1980 s.111.

Judicial review is available in the Administrative Court to challenge unlawful magistrates' court decisions, but it is discretionary and not a substitute for appeal.

An appeal against conviction or sentence from the Crown Court lies to the Court of Appeal Criminal Division with leave; notice must normally be served within 28 days.

The Court of Appeal may allow an appeal against conviction if it is unsafe; it may receive fresh evidence under s.23 Criminal Appeal Act 1968 if the conditions are met.

The Attorney General may refer an unduly lenient sentence to the Court of Appeal under s.36 Criminal Justice Act 1988; the Court may increase the sentence.

The Criminal Cases Review Commission may refer a conviction or sentence back to the Court of Appeal where there is a real possibility the conviction or sentence would not be upheld.

The Court of Appeal may dismiss an appeal, quash the conviction, substitute a conviction for another offence, or order a retrial; on sentence it may vary the sentence.

Time limits for appeal may be extended, but the court considers the length and reasons for delay when deciding whether to grant an extension.