Criminal Litigation

Criminal Litigation in United Kingdom

INVESTIGATION AND CHARGE

This Section covers:

  •  The powers to stop, search and arrest ;
  • Detention and interrogation ;
  • The right to silence at the police station ;
  • Challenging unlawfully and unfairly obtained evidence ;
  •  Obtaining identification evidence ;
  •  The decision to prosecute and the prosecution’s duties of disclosure of evidence ;

FROM CHARGE TO TRIAL

This Section covers:

  • Public funding and early stages of the criminal justice process ;
  • The law and practice relating to court bail ;
  • Prosecuting an either-way offence ;
  •  Prosecuting summary offences ;
  • Crown Court proceedings pre-trial ;
  • Trial before the Crown Court ;

THE RULES OF CRIMINAL EVIDENCE

This Section covers:

  •  The burden of proof ;
  •  Witness evidence ;
  • Corroboration, the ‘turnbull guidelines’ and opinion evidence ;
  • Hearsay evidence ;
  •  Character evidence and the accused as a witness at trial ;
  •  Private privilege ;

POST CONVICTION: SENTENCING AND APPEALS

This Section covers:

  • Sentencing procedure and the general principles of sentencing ;
  • Specific types of sentence and the plea in mitigation ;
  •  Appeals ;

YOUTH JUSTICE

This Section covers:

  •  Prosecuting young offenders ;
  • Sentencing young offenders ;

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