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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This entry was last updated: November 4, 2020

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