Criminal Law and Practice

Pages: 14

Contents:

CRIMINAL LAW

Actus Reus

Mens Rea

SPECIFIED CRIMINAL OFFENCES

Assault and Battery

Theft

Criminal Damage

Homicide

Fraud

DEFENCES

General Defence

Specific Defence

Partial Defences

PARTICIPATION

Principal Offender

Accomplices

INCHOATE OFFENCES

Attempt to Commit an Offence

CRIMINAL PRACTICE

RIGHTS OF A SUSPECT DETAINED FOR POLICE QUESTIONING

Right to Legal Advice

Right to Have Someone Informed of Arrest

Delay to Rights

REVIEW AND DETENTION TIME LIMITS

Detention Clock

Review Clock

Extension

IDENTIFICATION PROCEDURES

When Identification Procedure Must Be Held

Types of Identification Procedure

Procedure for Carrying Out an Identification Procedure

POLICE QUESTIONS

Right to Silence (Police Caution)

Adverse Inferences

POLICE INTERVIEW

Procedure for Interview

Role of Solicitor

BAIL

Right to Bail

Procedure for Applying for Bail

Further Applications for Bail

Appeals Against Decision on Bail

FIRST HEARINGS BEFORE THE MAGISTRATES’ COURT

Classification of Offences

Applying for Representation Order

Procedure at Hearing

PLEA BEFORE VENUE

Advising Client on Trial Venue

ALLOCATION

CASE MANAGEMENT AND PRE-TRIAL HEARINGS

Magistrates’ Court Case Management Directions

Plea and Trial Preparation Hearing

Disclosure

ADMITTING AND EXCLUDING EVIDENCE

Burden and Standard of Proof

Challenging Identification Procedure and Turnbull Guidance

Inferences from Silence

Hearsay Evidence

Confession Evidence

Challenging Admissibility of Confession Evidence

Bad Character Evidence

TRIAL PROCEDURE IN MAGISTRATES’ COURT AND CROWN COURT

Leading and Non-Leading Questions

Competence and Compellability

Special Measures

Solicitor’s Duty to the Court

SENTENCING

Offences Taken Into Consideration

Determining Seriousness

Mitigation

Reductions for Early Guilty Plea

Concurrent and Consecutive Sentences

Totality Principle

Types of Sentences

NEWTON HEARING

APPEALS

YOUTH COURT

ADDITIONAL INFORMATION