BSB Criminal Litigation study materials
BSB Criminal Litigation study resources

BSB Criminal Litigation study plan

BSB Criminal Litigation · Give each week a clear focus.

8 weeks · About 6 hours per week

Week 1

Preliminaries to prosecution and investigation & Evidence and exclusion of evidence

  • Map the investigation lifecycle from arrest to charge, matching the PACE 1984 powers (ss.1, 8, 24, 32, 37, 41, 42) to the facts of three short scenarios.

  • Distinguish the s.76 PACE 1984 confession exclusion grounds from the s.78 unfairness discretion, and apply each to six fact patterns with a stated conclusion and reason.

  • Classify ten items of prosecution evidence against the s.98 definition of bad character and the s.101 CJA 2003 gateways.

  • Construct a one-page decision tree for hearsay admissibility covering CJA 2003 ss.114 to 118 and the s.114(1)(d) inclusionary discretion.

Your checkpoint

Closed-book 30-question set on investigation powers and evidence exclusion, scored, with a written corrected justification for every wrong answer.

Week 2

Summary trial and allocation procedure & Evidence and exclusion of evidence

  • Draw the allocation flowchart from indictable-only offence through sending under the Sentencing Act 2020 to either-way allocation under s.19 Magistrates' Courts Act 1980, including plea before venue and the s.20 representation point.

  • Sequence the steps of a summary trial in correct order, from charge and plea to verdict, including special measures applications and the competence and compellability of witnesses.

  • Argue for and against admissibility of the same hearsay statement in 150 words each, citing the applicable gateway and any exclusion discretion.

  • Draft the questions counsel must resolve at a Plea and Trial Preparation Hearing, covering witness requirements, bad character and hearsay notices, and special measures.

Your checkpoint

A blank-page allocation flowchart reproduced from memory plus 25 mixed allocation and hearsay questions at 70 per cent or better.

Week 3

Disclosure and unused material & Summary trial and allocation procedure

  • Separate initial disclosure under CPIA 1996 s.3 from continuing disclosure, and list what each schedule of unused material (MG6C, MG6D, MG6E) must contain.

  • Draft a defence statement meeting the s.6A CPIA 1996 content requirements, then identify the s.11 sanctions that follow from a deficient or late statement.

  • Apply the disclosure test to eight pieces of unused material, recording for each whether it is disclosed, withheld as sensitive, or subject to a public interest immunity application.

  • Prepare the submissions and evidence needed to support a s.8 CPIA 1996 application for specific disclosure.

Your checkpoint

A complete disclosure pack for one scenario: defence statement, disclosure schedule with reasoned entries, and a written s.8 application.

Week 4

Bail, remands and custody

  • State the s.4 Bail Act 1976 presumption and work through each Schedule 1 exception, including the s.5B exceptions for defendants already on bail and the repeat application rules under s.5B and s.6.

  • Justify each proposed bail condition against the statutory purpose it serves, and explain how sureties and security operate in practice.

  • Calculate custody time limits from a given remand date, identify the s.22 Prosecution of Offences Act 1985 extension application, and explain when time ceases to run.

  • Deliver an oral bail application in eight minutes covering the presumption, the exceptions, conditions, and a fallback submission on custody alternatives.

Your checkpoint

A full bail application script plus a custody time limit calculation sheet, validated by 25 questions scored at 75 per cent or better.

Week 5

Bail, remands and custody & Sentencing principles and procedure

  • Contrast remand in custody, remand on bail, and remand in the defendant's absence, setting out the procedural route and notification duties for each.

  • Classify the sentencing powers of the magistrates' court against those of the Crown Court, including committal for sentence under the Sentencing Act 2020.

  • Rank the statutory purposes in s.57 Sentencing Act 2020 and apply the seriousness and totality principles to three short case studies.

  • Calculate credit for a guilty plea under the guilty plea reduction guideline at the first, trial preparation, and trial-day stages, and compute the effect on the final sentence.

Your checkpoint

A two-column sentencing powers reference sheet plus a sentencing calculation exercise with ten worked answers showing the arithmetic.

Week 6

Sentencing principles and procedure & Appeals and post-conviction review

  • Draft a plea in mitigation in 400 words using a structured framework of offence seriousness, mitigation, personal circumstances, and proposed sentence.

  • Explain the Newton hearing procedure and identify from five fact patterns when one is required and what happens if the defendant's account is rejected.

  • Trace an appeal from a magistrates' court to the Crown Court under s.108 MCA 1980, listing the time limit, the grounds, and the powers of the Crown Court on appeal.

  • Distinguish an appeal against conviction from an appeal against sentence in the Court of Appeal Criminal Division, including the leave requirement and the s.23 Criminal Appeal Act 1968 fresh evidence power.

Your checkpoint

One mitigation speech in writing and one appeal advice letter identifying the correct appellate route and time limit for a given set of facts.

Week 7

Appeals and post-conviction review & Preliminaries to prosecution and investigation

  • Map every post-conviction route, covering Crown Court appeal, case stated, judicial review, CCRC referral, Attorney General's reference, and the prosecution's s.58 Criminal Justice Act 2003 appeal against a terminating ruling.

  • Identify the errors in three sample grounds of appeal and redraft each into a properly particularised ground.

  • Revisit PACE 1984 investigation powers at speed, targeting the areas missed in the week 1 error log.

  • Assemble a one-page revision sheet condensing the tests and statutory references most often confused across all seven domains.

Your checkpoint

A completed appeal route decision table covering six scenarios, marked against a model answer, plus a one-page consolidated tests sheet.

Week 8

Preliminaries to prosecution and investigation & Bail, remands and custody & Disclosure and unused material & Summary trial and allocation procedure & Evidence and exclusion of evidence & Sentencing principles and procedure & Appeals and post-conviction review

  • Complete two timed full-length mock papers under exam conditions and mark them strictly against the mark scheme.

  • Analyse the error log from both mocks, grouping mistakes by domain and by error type (misapplied test, misremembered time limit, misread facts).

  • Re-teach the three weakest sub-topics from scratch using the one-page sheets, then reattempt every question previously answered incorrectly.

  • Rehearse the timing strategy per question and settle the order in which you will work through a mixed paper.

Your checkpoint

Two marked mock papers plus a prioritised final-week revision list of no more than five weak areas with the action for each.

Milestones

Week 2: Reproduce the allocation flowchart unaided in under ten minutes and score at least 70 per cent on the 25-question allocation and hearsay set.

Week 4: Deliver the eight-minute bail application without notes and calculate all five custody time limit answers correctly.

Week 6: Produce a mitigation speech and an appeal advice letter that each hit every point on the model answer without prompting.

Week 8: Score 65 per cent or above on both full mock papers, with no single domain below 55 per cent.