Unit 2 Criminal Practice

Your firm is consulted by Nathan Dodson a 25 year-old male who has been arrested for an offence of inflicting GBH on Akhtar Chadar contrary to section 20 Offences Against the Person Act 1861 (an "either way" offence). You attend at the police station to represent him. He denies the offence.

Question 1. (a) Explain to Nathan the powers of arrest, stop and search that the Police had after they received a complaint from the alleged victim?

(b) How long will the Police be entitled to detain Nathan for and what procedures will they have to go through before charging him?

(c) What power(s) do the Police have to take a non-intimate search from Nathan whilst he is detained?

(d) How long can a Magistrates' Court remand Nathan in custody for? You should discuss the lengths of remand periods and the overall custody limits.

(e) Explain to Nathan in what ways his case might be commenced in the Magistrates' Court.

Question 2. Nathan is worried about the costs that he might have to pay if he loses his cases and also is interested to understand what costs he might get back if he wins it. Outline what Part 45 on Costs and the Criminal Practice Direction Part X says when you come to advise him.

Question 3. Nathan tells you that he is not guilty of the allegation because at all material times he was defending himself against an attack from Mr Chadar. Nathan intends to plead Not Guilty at the first hearing at the Magistrates' Court.

(a) Nathan is unemployed and has convictions for violence. Outline to him the funding of his case (i) from public funds; (ii) by a private arrangement.

(b) What procedure will the Court use to decide where his case will be tried? Set out the steps that they will follow.

Question 4. Nathan asks you to advise on the trial procedure that the Magistrates would use if he is allowed to have a summary trial and he is convicted by them. Advise him.

Question 5. In the event, the Magistrates decide to send Nathan to the Crown Court for trial. Explain to him what an indictment is. (4 marks)

Question 6. At the Plea and Trial Preparation Hearing, the Judge intends to make orders about the disclosure of material by the Prosecution and Defence.

(a) What obligations do the Prosecution have to serve unused material on the Defence? What test will then apply? Give reasons for your answer. What obligations do the Defence have to make disclosure of their case on the Prosecution?

(b) An independent witness to the alleged assault no longer wishes to appear as a witness for the Prosecution. What can they do to secure his attendance?

(c) Nathan wishes to call an expert witness about the injuries that the alleged victim Mr Chadar claims to have suffered. What is the procedure for calling this evidence?

(d) Nathan wishes to call his friend as a defence witness - to support his case that he was defending himself when the offence occurred. In what format should this evidence be presented should you decide to serve it on the Prosecution?

Question 7. Nathan's trial starts.
(a) Explain the role of a juror and how jurors are selected.

(b) Explain the procedure that will be adopted at Nathan's Crown Court trial

Question 8. Nathan is convicted after his trial. He asks you what will now happen.
(a) Advise Nathan on sentencing procedure.

(b) Advise Nathan of his right, if any, to appeal against his conviction and sentence - he gets a 4-year sentence (the maximum for the offence is 5 years).

(c) Outline the general rules for the right to appeal to the Court of Appeal.

(d) Outline when a case may be referred to the Supreme Court

Question 9. Identify when an appeal may be made to the High Court by case stated

Attachment:- Criminal Practice.rar