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Criminal litigation

Criminal litigation

Law of the United Kingdom and Ireland > England and Wales > KD8329

Edition Details

  • Creator or Attribution (Responsibility): Craig Osborne
  • Language: English
  • Jurisdiction(s): New York (State)
  • Publication Information: Oxford [England] ; New York : Oxford University Press, ©2004
  • Material: Internet resource
  • Type: Book, Internet Resource
  • Series title: Legal practice course guides.
  • Permalink: http://books.lawi.org.uk/criminal-litigation-94109/ (Stable identifier)

Additional Format

Online version: Osborne, Craig. Criminal litigation. Oxford [England] ; New York: Oxford University Press, ©2004 (2005 printing) (OCoLC)903561998

Short Description

XXIII, 405 pages ; 29 cm.

Purpose and Intended Audience

Useful for students learning an area of law, Criminal litigation is also useful for lawyers seeking to apply the law to issues arising in practice.

Research References

  • Providing references to further research sources: Search

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Bibliographic information

  • Responsable Person: Craig Osborne.
  • Publication Date: 2004
  • Copyright Date: 2004
  • Location: Oxford England
  • Country/State: New York (State)
  • Number of Editions: 25 editions
  • First edition Date: 1993
  • Last edition Date: 2004
  • General Notes: Includes index.
  • Languages: British English
  • Library of Congress Code: KD8329
  • Dewey Code: 345.4205
  • ISBN: 0199268290 9780199268290
  • OCLC: 55700893

Main Contents

Preface; Table of cases; Table of statutes; 1: CRIMINAL PROCEDURE; 1. An outline of criminal procedure: early stages; 2. Financing a criminal litigation; 3. Managing a criminal litigation practice; 4. Police powers and advising the client in the police station; 5. Commencement of proceedings and mode of trial; 6. Bail; 7. Summary trial; 8. Committal proceedings; 9. The Crown Court: preparation and trial; 10. Sentencing and procedures after conviction; 11. Juveniles in the criminal process: the youth court; 12. Appeals in criminal cases; 2: THE EUROPEAN CONVENTION ON HUMAN RIGHTS; 13. The European Convention on Human Rights; 3: CRIMINAL EVIDENCE; 14. The law of evidence (1); 15. The law of evidence (2): competence and compellability: testimony; 16. The law of evidence (3): the rule against hearsay; 17. The law of evidence (4): confessions, evidence of reaction, and the right to silence; 18. The law of evidence (5): improperly obtained evidence in criminal cases; 19. The law of evidence (6): Corroboration: evidence of identity; 20. The law of evidence (7): evidence of disposition and character; 21. The law of evidence (8): evidence of opinion: privilege; Index

Summary Note

The 'Legal Practice Course Guides' contain guidance on the practice and procedure of law, explaining the relevant substantive and procedural law where appropriate and link the course notes and exercises to the practitioner course texts. '''

Table of Contents

OUTLINE CONTENTS
Detailed contents v
Preface to the second edition XIII
Table of cases XV
Table of statutes XIX
PART I Criminal procedure 1
1 An outline of criminal procedure: Early stages 3
2 Financing criminal litigation 21
3 Managing a criminal litigation practice 31
4 Police powers and advising the client in the police station 41
5 Commencement of proceedings and mode of trial 79
6 Bail 97
7 Summary trial 113
8 Committal proceedings and transfer of offences to the Crown Court 123
9 The Crown Court: Preparation and trial 133
10 Sentencing and procedures after conviction 157
11 Juveniles in the criminal process: The youth court 199
12 Appeals in criminal cases 207
PART II The European Convention on Human Rights 215
13 The European Convention on Human Rights 217
PART III Criminal evidence 237
14 The law of evidence (1) 239
15 The law of evidence (2): Competence and compellability: Testimony 253
16 The law of evidence (3): The rule against hearsay 279
17 The law of evidence (4): Confessions, evidence of reaction, and the right to silence 301
18 The law of evidence (5): Improperly obtained evidence in criminal cases 327
19 The law of evidence (6): Corroboration: Evidence of identity 335
20 The law of evidence (7): Evidence of disposition and character 345
21 The law of evidence (8): Evidence of opinion: Privilege 365
PART IV Future developments 379
22 The Courts Act 2003 and the Criminal Justice Act 2003 381
Index 393
DETAILED CONTENTS
Preface to the second edition XIII
Table of cases XV
Table of statutes XIX
PART I Criminal procedure 1
1 An outline of criminal procedure: Early stages 3
1.1 The course of criminal proceedings 3
1.2 Professional ethics 6
1.3 Preliminary considerations 10
1.4 Sources and authorities 17
2 Financing criminal litigation 21
2.1 Introduction 21
2.2 Legal Help 22
2.3 Legal representation 23
2.4 Orders for costs 28
3 Managing a criminal litigation practice 31
3.1 Introduction 31
3.2 Keeping time records 31
3.3 Other aspects of office management 32
3.4 File management 33
3.5 Office personnel 34
3.6 Relations with the client 34
3.7 File keeping 35
3.8 Managing the practice 36
3.9 Use of counsel 37
4 Police powers and advising the client in the police station 41
4.1 Introduction 41
4.2 Arrest 41
4.3 Search 43
4.4 Detention 48
4.5 The conduct of interrogation 50
4.6 Identification procedures 53
4.7 Police bail 57
4.8 Advising a suspect at the police station 59
4.9 Code of Practice C, ss. 10-12 65
4.10 Pace Code D: The identification of persons by police officers 71
5 Commencement of proceedings and mode of trial 79
5.1 Introduction 79
5.2 Commencing proceedings 81
5.3 Classification of offences and choice of court 82
5.4 Procedure at a mode of trial hearing: ss. 18-21, 83
Magistrates' Courts Act 1980 88
5.5 Choice of court 91
5.6 Special procedure in criminal damage cases 92
5.7 The future 92
5.8 National mode of trial guidelines 97
6 Bail 97
6.1 Introduction 97
6.2 The right to bail under s. 4, Bail Act 1976 98
6.3 Procedure for a bail application 102
6.4 Conditions of bail 104
6.5 Meeting objections to bail 107
6.6 Refusal of bail 108
6.7 Applications to Crown Court 109
6.8 Appeal by the prosecution against grant of bail 110
6.9 Powers of the Crown Court 111
7 Summary trial 113
7.1 Introduction 113
7.2 Joint trials 114
7.3 Amendment of the information 114
7.4 Absence of the defendent 115
7.5 Plea of guilty by post 115
7.6 Disclosure 116
7.7 Non-appearance of prosecution 118
7.8 Outline of procedure 118
7.9 Committal for sentence: ss. 3 and 4, Powers of Criminal Courts (Sentencing) Act 2000 120
8 Committal proceedings and transfer of offences to the Crown Court 123
8.1 Introduction 123
8.2 Committals with consideration of the evidence 124
8.3 Committals without consideration of the evidence 129
8.4 Notice of further evidence 130
8.5 Indictable only offences 130
8.6 Alternatives to committal 131
9 The Crown Court: Preparation and trial 133
9.1 Introduction 133
9.2 Between committal and trial 134
9.3 The indictment 135
9.4 Procedures before trial-plea and directions hearings 139
9.5 Preparatory hearings 140
9.6 The disclosure procedure 141
9.7 The arraignment 146
9.8 Plea bargaining 147
9.9 The jury 148
9.10 The course of the trial 148
9.11 Preparation for trial 151
9.12 At the trial 155
10 Sentencing and procedures after conviction 157
10.1 Introduction 157
10.2 Reports 161
10.3 Types of sentence 162
10.4 The courts 163
10.5 Sentencing offenders over 21 years of age 165
10.6 Penalties in road traffic cases 173
10.7 Other orders 178
10.8 The approach to sentencing under the Criminal Justice Act 2003 180
10.9 Guideline cases 182
10.10 The plea in mitigation 184
10.11 Crime (Sentences) Act 1997 (now ss. 109-113, PCC(S)A 2000) 192
10.12 The Magistrates' association sentencing guidelines: Assault-actual bodily harm
assault on a police officer 193
10.13 The Magistrates' association sentencing guidelines: Burglary-dwelling
burglary-non dwelling 197
11 Juveniles in the criminal process: The youth court 199
11.1 Introduction 199
11.2 At the police station 199
11.3 Detention pending first appearance 200
11.4 Courtroom procedure 201
11.5 Sentencing of juveniles 202
11.6 The Crime and Disorder Act 1998 (ss. 63-75 and Sch. 6 and 7, PCC(S)A 2000) 205
12 Appeals in criminal cases 207
12.1 Appeals from the magistrates' court to the Crown Court against conviction and/or sentence: ss. 108-110, Magistrates' Court Act 1980 207
12.2 Appeals from the magistrates' court to the Queen's Bench Division, Divisional Court 209
12.3 Application for judicial review 210
12.4 Appeals from the Crown Court to the Court of Appeal (Criminal Division) 211
12.5 Prosecution appeals 213
12.6 Appeals to the House of Lords 213
PART II The European Convention on Human Rights 215
13 The European Convention on Human Rights 217
13.1 European law 217
13.2 The Council of Europe and the Convention 217
13.3 The effect of the Convention 218
13.4 The 'league table' 219
13.5 The style of the Convention 220
13.6 Procedure under the Convention 221
13.7 Articles of the Convention 224
13.8 The Convention and criminal justice 225
13.9 The future of the court 231
13.10 Practical use of the Convention 232
13.11 Incorporation of the Convention into UK law 232
PART III Criminal evidence 237
14 The law of evidence (1) 237
14.1 Introduction 239
14.2 Purpose of the law of evidence 241
14.3 Burden of proof and standard of proof: Introduction 242
14.4 Burden of proof 243
14.5 Standard of proof 247
14.6 The importance of a correct direction 247
14.7 Proof without evidence 249
15 The law of evidence (2): Competence and compellability: Testimony 253
15.1 Introduction 253
15.2 Exceptions to the general rule 253
15.3 Testimony 259
15.4 The stages of testimony 262
15.5 Examination-in-chief 262
15.6 Cross-examination 268
15.7 Re-examination 275
15.8 Evidence in rebuttal 275
15.9 The judge's right to call witnesses 276
16 The law of evidence (3): The rule against hearsay 279
16.1 Introduction 279
16.2 Unnoticed hearsay 281
16.3 Is it hearsay at all? 281
16.4 Nature of hearsay 282
16.5 Exceptions to the rule in criminal cases 284
16.6 Admissions and confessions 284
16.7 Statements made by deceased persons 285
16.8 Statements in former proceedings 286
16.9 Statutory exceptions 286
16.10 Major statutory exceptions to the hearsay rule 287
16.11 Minor statutory exceptions 298
16.12 Statements admitted as part of the res gestae 298
17 The law of evidence (4): Confessions, evidence of reaction, and the right to silence 301
17.1 Confessions 301
17.2 Admissions and the reaction of the accused to statements made or questions asked in his presence 315
17.3 The right to silence 317
18 The law of evidence (5): Improperly obtained evidence in criminal cases 327
18.1 Introduction 327
18.2 The court's discretion to exclude 328
18.3 Test for admissibility 329
18.4 The importance of s. 78 of the 1984 Act 332
18.5 Section 74 of the 1984 Act-applicable principles 332
18.6 Practical considerations 333
19 The law of evidence (6): Corroboration: Evidence of identity 335
19.1 Introduction 335
19.2 Evidence of identity 337
19.3 Problems of admissibility 337
19.4 Problems of weight in identification evidence 338
19.5 Procedure at identification parades and the use of photographs 339
19.6 Attacking identification evidence 344
20 The law of evidence (7): Evidence of disposition and character 345
20.1 Introduction 345
20.2 Evidence of disposition 345
20.3 Evidence of character 352
21 The law of evidence (8): Evidence of opinion: Privilege 365
21.1 Introduction 365
21.2 Expert witnesses 365
21.3 Privilege 370
21.4 Practicalities of privilege in criminal proceedings 376
PART IV Future developments 381
22 The future-the Courts Act 2003 and the Criminal Justice Act 2003 383
22.1 Introduction 383
22.2 The Courts Act 2003 383
22.3 The Criminal Justice Act 2003 384
22.4 Part 5 of the Act: Disclosure (ss. 32-40, CJA 2003) 384
22.5 Allocation and transfer to Crown Court
part 7 of the Act (ss. 41 and 42 and sch. 3) 385
22.6 Trial on indictment without a jury
part 7 of the Act (ss. 43-50) 386
22.7 Live links in criminal proceedings
part 8 of the Act (ss. 51-56) 386
22.8 Reform of the law of evidence 386
22.9 Other issues 392
Index 393

Structured Subjects (Headings):

Unstructured Subjects (Headings):

Find it in the Library of Congress:

If you wish to locate similar books to “Criminal litigation”, they can be found under the 345.4205 in a public library, and the Library of Congress call numbers starting with KD8329 in most university libraries. If you wish to look up similar titles to “Criminal litigation” in an on-line library catalog, the official Library of Congress Subject Headings under which they can be found are:

Actions and defenses
Criminal law
Criminal procedure
England
Evidence, Criminal
Great Britain
Wales



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  • Article Name: Criminal litigation
  • Author: William Feltes
  • Description: Criminal litigation Law of the United Kingdom and Ireland > England and Wales > KD8329 Edition Details Creator or [...]

This entry was last updated: March 20, 2017

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