LAW2022 Online: Criminal Law (Spring)

Adverse Inferences & Silence

Presented by Clive Smith

The adverse inference has been with us since the Criminal Justice & Public Order Act 1994. Since then, we have had much case law, further statutory encroachments on the right to silence, such as the Criminal Procedure & Investigations Act 1996, and other areas of development, all of which will be covered in this course.

In particular we will look at:

• Accusations in the presence of police officers
• Failure to account for objects, substances or marks – what is required before this can be held against the accused?
• Failure to account in interview AND give evidence – is there such a thing as a double-inference?
• Domestic Violence, Crime & Victims Act 2004 – allowing a child or vulnerable adult to die of suffer serious physical harm – what are the special rules in such cases?
• Evidence to rebut an adverse inference and helpful case-law
• Defence disclosure requirements under the CPIA 1996
• What’s the consequence of failure to disclose by the defence?
• Should I mention that defence witness who probably won’t turn up?

Harassment & Stalking – Legislation & Case Law Update

Presented by Clive Smith

Alongside domestic abuse, the offences of harassment and stalking are sadly never far away from the news headlines. With the introduction of the offence of stalking, and the ability of courts to make restraining orders on acquittal, there’s never been a better time to update your knowledge.

What you will learn:

• What constitutes a course of conduct?
• In summary proceedings, is evidence admissible from outside the 6-month time limit?
• What amounts to a lawful course of conduct?
• What amounts to stalking, rather than harassment?
• Restraining orders generally and breach – some very helpful case-law
• Sentencing in racially and religiously aggravated offences

Youth Court Practice and Procedure 2022 update

Presented by Colin Beaumont

This 1-hour session will deal with the practice and procedural points which crop up regularly when dealing with Children and Young People in the Youth Court. As you will appreciate, the Sentencing Code 2020 changed all of the familiar Sections that we have become accustomed to and the presentation will deal with the amendments.

The following 6 items are merely examples of the topics that will be under consideration:

• The committal for sentence of a Child or Young Person from the Youth Court to the Crown Court for sentence under the Sentencing Code 2020
• The sending of a Child or Young Person from the Youth Court to the Crown Court for trial under the Crime and Disorder Act 1998
• The remittal of a Child or Young Person from the Crown Court to the Youth Court for sentencing purposes or for trial under the Sentencing Code 2020
• Remands into the care of the Local Authority and remands into Youth Detention Accommodation and whether or not such remand periods will be deducted by the institution in the event of a custodial sentence being imposed
• The important document published by the Judicial College – ‘Youth defendants in the Crown Court
• Dealing with Homicide in the Youth Court – What is and what is not a homicide? – Can the case be kept in the Youth Court or must it be sent to the Crown Court?

Criminal Case-law 2022 Update

Presented by Colin Beaumont

This 1-hour session will summarise important cases that have been decided by the Court of Appeal and High Court in the last 12 months. It is important that everyone involved in Criminal law keep abreast of these decisions but it’s just finding the time. Some of them are very long and Colin will distil the essence of the judgements during the presentation

The following 6 cases are merely examples of those under consideration:

• Regina v Belhaj-Farhat – an important case concerning DNA evidence which will be hugely relevant for anyone advising at the police station stage of the investigation or advising on plea
• Plaku,Plaku Bourdon and Smith – the Court of Appeal making some definitive pronouncements in relation to that which is required of a defendant in order to be assured of a one third reduction in sentence following a guilty plea
• Mansfield and the DPP – an important case in the area of abuse of process and the High Court determining whether or not, on the facts, it was an abuse of process to charge when the suspect had been offered a caution at the police station stage
• Regina v Whitbread – consensual but under-age sexual activity – again, a case of importance when advising at the police station stage and also when advising on plea
• Regina v Dale – the position on credit where the plea is equivocal and dependent upon an agreed ‘basis of plea’
• Regina v Hussain – the position of the Crown Court Judge when sentencing an offender who he or she knows has already been recalled to prison for being in breach of their Parole Licence