BSB Criminal Litigation study guide
BSB Criminal Litigation · Work through your exam, one topic at a time.
This page introduces an independent study resource for the criminal litigation component of the Bar Standards Board's centralised examinations, taken by students on the vocational stage of Bar training in England and Wales. The assessment is multiple choice and tests the working knowledge an aspiring barrister needs before appearing in the magistrates' court, the Crown Court and the youth court. The BSB Criminal Litigation study guide has 7 sections and about 2,633 words.
01Preliminaries to Prosecution and Investigation
Preliminaries span the period from suspicion to first appearance: police powers under PACE 1984 and the Codes of Practice, the charge decision, and the time limits governing the institution of proceedings. Section 24 PACE permits arrest without warrant for any offence where there are reasonable grounds to suspect involvement, but only if the constable is satisfied that arrest is necessary for one of the five s.24(5) reasons: to ascertain a name or address, to prevent physical injury or damage to property, to protect a child or vulnerable person, to allow the prompt and effective investigation of the offence, or to prevent the prosecution being hindered by the suspect's disappearance.
413 words, about 2 min02Bail, Remands and Custody
Bail is governed by the Bail Act 1976. Section 4 creates a presumption in favour of bail for a person accused or convicted of an imprisonable offence; for non-imprisonable offences Schedule 1 Part II applies a looser regime.
409 words, about 2 min03Disclosure and Unused Material
The CPIA 1996 imposes a continuing duty. Under s.3 the prosecutor must disclose material that might reasonably be expected to undermine the prosecution case.
373 words, about 2 min04Summary Trial and Allocation Procedure
For an either-way offence the court first follows the plea-before-venue procedure (s.17A MCA 1980). The charge is read and the defendant is asked to indicate a plea.
349 words, about 2 min05Evidence and Exclusion of Evidence
A confession (s.82 PACE) is admissible against its maker unless excluded under s.76(2): where it was obtained by oppression, or in consequence of anything said or done which was likely, in the circumstances, to render it unreliable. Exclusion under s.76 is mandatory where a ground is made out.
337 words, about 2 min06Sentencing Principles and Procedure
Section 57 of the Sentencing Act 2020 identifies the purposes of sentencing: punishment, reduction of crime including deterrence, reform and rehabilitation, protection of the public, and reparation. Section 63 defines seriousness by culpability and harm.
353 words, about 2 min07Appeals and Post-Conviction Review
A defendant may appeal against conviction or sentence to the Crown Court under s.108 MCA 1980, with notice within 21 days of sentence and without leave. The Crown Court hears the case afresh, with witnesses, and may vary the sentence, including increasing it up to the magistrates' maximum.
399 words, about 2 min