22. Specific Types of Sentence and the Plea in Mitigation

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003 in the event of breach; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.

20. Private Privilege

The term ‘private privilege’ relates to separate privileges that prevent evidence from being disclosed in litigation, or witnesses from being compelled to answer questions at trial. In a criminal case, privilege may be claimed in two situations: legal professional privilege and the privilege against self-incrimination. This chapter discusses legal professional privilege in criminal cases; legal professional privilege and the courts; waiving legal professional privilege; the privilege against self-incrimination; and the privilege against self-incrimination and the European Convention on Human Rights 1950.

19. Character Evidence and the Accused as a Witness at Trial

This chapter examines the evidential rules that apply to the defendant at trial. These include the defendant’s competence and compellability; the course of the defendant’s evidence; drawing an adverse inference under s. 35 Criminal Justice and Public Order Act 1994 from the defendant’s silence at trial; the admissibility of a defendant’s past bad character; admissibility of defendant’s good character; and arguments for and against the defendant giving evidence.

18. Hearsay Evidence

Hearsay evidence in criminal cases most often arises in two situations: if a witness testifies about facts of which he has no personal knowledge because the facts were communicated to the witness by another person who is not in court; and where a witness’ written statement is put before the court because the witness is unable to attend court to give oral evidence. This chapter discusses the general rule of hearsay evidence; identifying hearsay evidence; statutory exceptions to the hearsay rule; hearsay evidence under the Criminal Justice Act (CJA) 2003; hearsay admissible under the preserved common law rules; procedure for admitting hearsay evidence; and hearsay evidence and the European Convention on Human Rights (ECHR) 1950.

16. Witness Evidence

This chapter explains the law, procedure, and the practical issues associated with witness evidence. It considers the circumstances in which a witness can refresh his memory from an earlier written statement; the test to decide a witness’ competence to give evidence; the compellability of a witness; the assistance available to ‘vulnerable’ or ‘intimidated’ witnesses to give evidence under a special measures direction; a witness taking the oath or affirming; the rules associated with examination-in-chief; and the rules associated with cross-examination including admission of non-defendant bad character and re-examination.

12. Prosecuting Summary Offences

A summary trial will be held where a defendant pleads not guilty to a summary-only offence or pleads not guilty to an either-way offence where the magistrates’ court has accepted jurisdiction to try the offence at the allocation hearing and the defendant has consented to summary trial. This chapter deals with the steps in preparing for a summary trial. It considers pleading guilty by post; the circumstances in which a defendant can be summarily tried in her absence; the rules governing the drafting of a written charge/information; the pre-trial disclosure of evidence in a summary case; case management; the steps when preparing for summary trial; and the procedure at a summary trial on a not guilty plea.

24. Youth Justice—Introduction

This chapter discusses the following issues: the terminology of youth justice; the youth justice organisations; the meaning of parental responsibility; the principal aims of the youth justice system; the early diversion procedures to prevent further offending; the juvenile at the police station; the alternatives to prosecution; and the decision to charge.

23. Appeals

This chapter explains the practice and procedure involved in appealing against a decision of the magistrates’ court or the Crown Court. The discussions include the reopening of a case; appeal to the Crown Court; appeal by way of case stated; judicial review; appeal against sentence from the Crown Court; appeal to the Supreme Court; the Criminal Cases Review Commission; and whether the prosecution enjoys a right to appeal.

21. Sentencing Procedure and the General Principles of Sentencing

This chapter explains the procedure on passing sentence and the general principles that govern a court’s decision when passing sentence. It discusses the role of the Crow Prosecution Service (CPS) on sentence; the procedure on sentencing; hierarchy of sentences; sentencing aims; the basis of sentencing under the Criminal Justice Act 2003; Sentencing Council for England and Wales; sentencing guidelines in the Crown Court; how the defence solicitor assesses the seriousness of an offence; Magistrates’ Court Sentencing Guidelines (MCSGs); the importance of the pre—sentence report, personal offender mitigation; discount for timely guilty pleas; the Crown Court’s sentencing powers; victim impact statements; and taking other offences into consideration.

14. Trial Before the Crown Court

This chapter considers the procedural and practical steps at a trial on indictment. It examines the rules dealing with the indictment; supporting counsel at trial; empanelling the jury; the presentation of the prosecution and defence cases; the judge’s summing-up; and the jury’s verdict.