CRIMINAL Higher Rights - Evidence & Litigation

Course level

Intermediate

Delegates

The courses contained within this programme will be of benefit to criminal practitioners who wish to enhance their skill and understanding in the various areas of law and practice and for those who are preparing for the Higher Courts Advocacy Qualification (HCAQ).

Overview

These courses will provide busy practitioners with up-to-date, essential knowledge of the rules of evidence together with practical tips for dealing with these topics in practice.

Learning Objectives

Evidence 1 - The fundamental rules

• Burden and standard of proof; legal and evidential burdens
• The roles of Judge and jury
• The use of documentary evidence
• Relevance and presumptions (including reverse burdens)
• Confessions
• Understanding the exclusionary rules
• Dealing with improperly obtained evidence: breaches of the Codes of Practice
• Silence and adverse inferences
• Previous inconsistent statements (other than hearsay statements)

Evidence 2 - Disclosure, PII and defence case statements

• Understanding the disclosure regime
• Defence statements and entitlements to unused material
• Public interest immunity, confidentiality and privilege
• The Attorney General’s Guidelines and CPS codes of practice
• Law, procedure and cases
• Third-party disclosure

Evidence 3 - Abuse of Process

• Identifying abuse of process
• Delay and non-availability of evidence
• Adverse publicity
• Evidential issues
• Identifying arguments and tactics
• Case law developments

Evidence 4 - Understanding Hearsay

• Recognising ‘hearsay’; implied assertions
• The principal categories of admissibility under the Criminal Justice Act 2003 including previous inconsistent statements
• Similar fact (other than hearsay)
• The courts’ discretionary powers to exclude hearsay and similar fact
• Notice requirements and forms

Evidence 5 - Understanding Bad Character

• The definition of ‘bad character’
• Defendant bad character
• Non-defendants bad character
• The ‘gateways’ to admissibility
• The courts’ discretionary powers to exclude bad character evidence
• Notice requirements and forms
• ECHR compatibility

Evidence 6 - Vulnerable witnesses and special measures

• To identify a vulnerable witness
• The law on competence and compellability
• Special measures and practical considerations
• The rules of service and disclosure
• Judicial directions – how to assist and facilitate these
• The use of appropriate techniques for handling such witnesses’ evidence

Evidence 7 - Opinion and expert evidence

• Who is an expert?
• When is expert evidence required?
• When is opinion evidence admissible?
• Disclosure of expert reports, time limits and the Criminal Procedure Rules

Litigation 1 - Criminal Procedure Rules 2010

Litigation 2 - PCMHs & indictments

Litigation 3 - Guilty pleas

• The Advocates’ fundamental duties to the court and the overriding objective
• The implications of “active case management”; ethics and practice
• Specific applications under the CPR – time limits and notices
• Dealing with matters at and arising from a PCMH
• Matters relating to advice on a plea of guilty
• Goodyear indications
• Agreed bases of fact; Newton hearings

Litigation 4 - Juries and the trial process

Litigation 5 - Sentencing

• Procedure for empanelling a jury
• Order of speeches and witnesses
• When submissions should be made to the Judge in the absence of the jury
• Matters which the Judge should cover in a summing up
• The duties of a advocate: to the court, to your client and to your witnesses
• Actions and attributes which might affect the client in the eyes of a jury
• Sentencing guidelines and case law; sentencing powers and tariffs
• Obligations on advocates to assist a judge on sentencing

Litigation 6 - Confiscation and Proceeds of Crime

• The POCA offences
• Pre-charge proceedings - what is the investigator up to?
• The confiscation regime?
• Identifying an offender’s benefit from crime
• The statutory assumptions
• Valuing the benefit
• Third party interests
• Enforcement
• Common misconceptions
• Forfeiture under the Misuse of Drugs Act 1971 and deprivation under the Powers of Criminal Courts (Sentencing) Act 2000
• A round up of case law
• Ethical issues

Litigation 7 - Appeals and Judicial Review

• Termination rulings under the CJA 2003 rulings
• Acquittals and applications for a retrial
• Appeals to the Court of Appeal against conviction
• Appeals to the Court of Appeal against sentence
• Judicial Review proceedings in the High Court