Legaleagle Training
CASE-LAW FOR CRIMINAL PRACTIONERS – FRIDAY 31st MAY 2024 – COMMENCING AT 4PM - COST - £75 + VAT
This 1-hour zoom presentation will take you through 30 important cases for criminal practitioners.
Have a look at the 30 ISSUES below and see if knowing about them would assist you as a practitioner. – you might consider, after scanning them, that this is a presentation that you should book on or a recording that you should purchase.
DON’T WORRY IF YOU CANNOT ATTEND THE ACTUAL PRESENTATION (OR NEVER INTENDED TO ATTEND) – YOU WILL STILL GET THE RECORDING WHICH YOU CAN SAVE TO A DEVICE OR WATCH AT YOUR LEISURE ON OUR YouTube CHANNEL
Anyone wishing to attend the session (or wishing to have the recording afterwards without ever attending) should simply reply click here: mailto: colin@thelegaleagle.org or ring me (or send me a text) – (07887) 842985 and book a place.
CASE-LAW
1 – Who bears the burden of proof in a Newton hearing and to what extent must it be discharged?
2 – Who bears the burden of proof in a breach of bail conditions hearing under Section 7 of the Bail Act 1976 and to what extent must it be discharged?
3 – The client has effectively served the sentence through being remanded in custody – would it be appropriate in the circumstances to impose a community sentence? – what are the views of the members of the Court of Appeal in this area?
4 – What important case-law will help you if you are going to write on the Pet Form that the prosecution is simply ‘put to the proof of its case’?
5 – What have the High Court said in 2 recent 2024 cases about the practice and procedure that must be followed where the prosecution is seeking to appeal the grant of bail from the Magistrates’ Court to the Crown Court under the Bail (Amendment) Act 1993?
6 – What is the 2024 test for dishonesty in criminal law according to the Court of Appeal?
7 – What is the 2024 test for joint-enterprise in criminal law according to the Supreme Court?
8 – What is the leading case in terms of the information you should be provided with before your client is interviewed at the police station stage?
9 – What is the leading case in terms of dealing with the defence at the police station stage by means of a prepared statement?
10 – What did the High Court Judge say the police must do in terms of the issuing of a written charge for a summary-only offence in order to comply with Section 127 of the Magistrates’ Courts Act 1980 (the 6-month rule)?
11 – Offences committed ‘on the same occasion’ whereby penalty points are only imposed on one of the offences or ‘offences committed on more than one occasion’ whereby penalty points are imposed for an offence per occasion and the client thereby becomes a totter – what does case-law say about offences ‘committed on the same occasion’?
12 – What are the 2 leading Supreme Court decisions which define the word ‘causing’ as in ‘causing’ death by dangerous driving – ‘causing’ death by careless driving when under the influence of drink or drugs – ‘causing’ serious injury by careless driving – ‘causing’ death by driving whilst disqualified – ‘causing’ death by driving without a licence – ‘causing’ death by careless driving – ‘causing’ death by driving whilst uninsured.
13 – Causing death by careless/dangerous driving – guidance on the issue of whether or not the sentence should be suspended
14 – A 2024 consideration by the Court of Appeal of the ‘hip flask’ defence i.e. post driving consumption of alcohol
15 – Possession of offensive weapons in private – Zombie Knives!
16 – Loss of evidence whereby a fair trial is no longer possible – the latest case-law on abuse of process
17 – The police offering a caution and then deciding to charge – the latest case-law
18 – The latest on DNA – found on an item easily transferable from place to place
19 – Adverse inferences – was it a requirement that an officer ask a specific question designed to elicit a particular fact in order for inferences to be drawn at trial?
20 – An examination of the ‘Necessity Criteria’ whereby an arrest was necessary under PACE
21 – The view of the High Court where a District Judge had accepted jurisdiction by way of trial on 3 rapes in the Youth Court
22 – Non-fatal strangulation – guidelines from the Court of Appeal in the case of Cook
23 – The authority for the proposition that the concept of a ‘reasonable excuse’ does not exist when the Court is considering whether or not someone has breached/is likely to breach their bail conditions under Section 7 of the Bail Act 1976
24 – The latest on the consideration of whether or not Exceptional Circumstances existed whereby a minimum sentence need not have been imposed
25 – The latest on Duress
26 – Extensions of a disqualification from driving and adjustments/uplifts in relation to a disqualification from driving – the case-law in this area
27 – Custodial sentences – the types of sentence that may be imposed dependent upon the age of the offender
28 – No evidence offered – dismissed – can this case be resurrected?
29 – Consensual but under-age sexual activity
30 – Attacking the character of a prosecution witness during the trial
IMPORTANT
PLEASE LET US KNOW THE EMAIL ADDRESS OF THE PERSON TO WHOM WE SHOULD SEND THE INVOICE IF IT IS TO SOMEONE OTHER THAN YOURSELF