CRIMINAL LITIGATION (COMPULSORY UNIT)

CRIMINAL LITIGATION (COMPULSORY UNIT)

Answer ALL Questions

You attend the police station to represent a Mr. Squire, who has been arrested on suspicion of domestic burglary.

A week ago, an iPad, a laptop, and a number of cd’s were taken from a family’s home during the day, while they were all out. There was no damage to the property. The classical music cd’s were all found on a neighbour’s front lawn. Fingerprints have been taken from those cd’s.

Mr. Squire was stopped in a street in the same area earlier today with several of the other cd’s and the iPad in his possession. He was told he was being ‘done’ for a burglary and was brought to the police station. He tells you he was surprised as he thought it would be for handling stolen goods.

Mr. Squire tells you he bought the items from a friend he knows as Bill, and was going to upload the cd’s onto his laptop and transfer them onto the iPad.

Mr. Squire is nineteen years old and hasn’t been in trouble for over two years, but does have two previous convictions, for domestic burglary and common assault. He was on bail for the common assault at the time that he committed that burglary. He is worried that the police have searched his home, although they didn’t find anything.

Mr. Squire is also worried about how long they can keep him at the station, as he has business to attend to. Mr. Squire works in construction and earns £18,000 per year. He has no savings or assets. He is unsure whether he can afford representation and whether the police can force him to provide fingerprints.

1.    a) From where does the power derive for the police to have the power to arrest Mr. Squire? – 1 Mark

b)    State and explain what grounds the police would have been required to have to arrest Mr. Squire, and why they may have had them in this case. – 3 Marks

Please turn over

c)    State what the police would have had to tell Mr. Squire for the arrest to be lawful and what else they must tell him. – 3 Marks

d)    State for how long Mr. Squire can be detained initially, and any extensions and how they can be permitted. – 5 Marks
Total 12 Marks

2.    Advise Mr. Squire:

a)    What powers the police had to search a home. Include requirements necessary to be able to act under a given power where appropriate. – 9 Marks

b)    Under what power(s), if any, they may have been allowed to search his home in the circumstances and why? – 6 Marks

c)    Whether they may be able to take his fingerprints while he is at the station or at any time afterwards and what they can do if he refuses to co-operate. – 2 Marks
Total 17 Marks

3.    Outline to Mr. Squire:

a)    On what basis your firm can represent him at Court, (your firm does not do pro bono work), and how he would apply for public finding? – 8 Marks

b)    Depending on his circumstances and how the case proceeds, whether he may have to make any payments towards his representation and why. Outline both the financial criteria and how they would apply to him. – 11 Marks

c)    If he was required by the LAA to make payments towards the cost of his representation, could he do anything to challenge that decision about payments?
– 1 Mark
Total 20 Marks

4.    Advise Mr. Squire:

a)  What type and class of offence Burglary is. – 1 Mark

b) The mode of trial procedure and, in the event that Mr. Squire maintains a not guilty plea, and, in the event of a not guilty plea, any hearings which are required to take place after the initial appearance but prior to the trial itself, covering both possible Courts. – 7 Marks

please turn over

c)    Whether the Magistrates are likely to accept jurisdiction or not, and why?    – 3 Marks
Total 11 Marks

5.    a)    Outline for Mr. Squire what factors and presumption would be taken into account in a
decision at his first hearing as to whether or not he should be granted bail. – 5 Marks

b)    Advise Mr. Squire whether on the information you have he is likely to get bail, and, considering the potential grounds for refusing bail. – 8 Marks

c)    Summarise for Mr. Squire what other opportunities there would be for him to apply for bail again and appeal a bail refusal if his trial is to be heard in the Magistrates Court. – 3 Marks

d)    Advise Mr. Squire what power the prosecution would have to appeal a grant of bail by the Magistrates Court. – 2 Marks    Total 18 Marks

6.    Explain to Mr. Squire the composition of the Crown Court and, briefly, the procedure at a Crown Court trial up to and including, the verdict.    Total 5 Marks

7.    a) Outline how sentencing would work after a trial and what sentencing options would be open to each Court in the event of a conviction for burglary in Mr. Squire’s case. You need not set out other orders which could be made at sentence. – 9 Marks

b) Mr. Squire says that he has heard there are now officially ‘dangerous offenders’ in prison. He is worried about what this means. What does ‘dangerous offender’ mean in terms of sentencing and what types of sentence can dangerous adult offenders receive. – 4 Marks    Total 13 Marks

8.    a)    How would Mr. Squire appeal conviction or sentence in the event that he was found
guilty after a trial in either Court? – 8 Marks

b)    Could the prosecution appeal his sentence after a trial at the Crown Court?
Give reasoning for your answer. – 6 Marks    Total 14 M

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