**SQE1**

This chapter focuses on the procedure for suspects arrested and detained at a police station, or attending as volunteers. It covers the advice solicitors must give regarding police interviews and how police conduct during the investigation can affect the admissibility of evidence at trial.

**1.2.1 The Custody Officer**

A custody officer — at least the rank of sergeant and not involved in the investigation — is responsible for authorising detention and supervising welfare. The officer maintains the custody record and detention log, recording all significant events and the suspect’s rights. The officer may also authorise a search of the suspect, seizing items that could be used as evidence or to cause harm, damage, or escape.

**1.2.2 The Decision to Detain**

The custody officer determines whether there is sufficient evidence to charge. If not, detention may be authorised only if necessary to secure or preserve evidence or to obtain it through questioning. Cells must meet statutory standards and suspects must be provided with food, exercise, and medical attention.

On arrival detainees must be informed of three rights:

• Right to free legal advice: Private consultation with a solicitor at any time.
• Right to have someone informed: One friend, relative, or other person notified of the arrest.
• Right to consult the Codes of Practice: Access to PACE Codes at any time during detention.

**1.3.1 Right to Legal Advice**

Detainees are entitled to private legal consultation at any time. Unless privately funded, requests are routed through the Defence Solicitor Call Centre (DSCC). Access may only be delayed — for up to 36 hours for indictable offences — where a superintendent reasonably believes consultation would interfere with evidence, alert co-suspects, or hinder recovery of property. Per R v Samuel, such delays must be based on genuine subjective belief about the specific adviser requested.

**1.3.2 Detention Time Limits**

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| --- | --- | --- |

| Stage | Authority | Maximum Period |

| Initial detention | Custody officer | 24 hours from arrival / arrest |

| Extension (indictable offences) | Superintendent | 36 hours total |

| Further extension | Magistrates’ court warrant | Up to 96 hours (4 days) total |

| First review | Review officer (Inspector+) | Within 6 hours of authorised detention |

| Subsequent reviews | Review officer (Inspector+) | Every 9 hours thereafter |

**1.3.3 Rights of a Volunteer**

Volunteers have no obligation to remain and may leave at any time unless formally arrested. They may request a solicitor and/or an appropriate adult during questioning.

**1.4.1 Information Gathering Before Advising**

• From the custody officer: Custody record, medical issues, any significant comments already made.
• From the investigating officer: Disclosure of evidence (sufficient information), nature of the offence, next steps.
• From the client: Their version of events and instructions in private.

**1.4.2 Interview Options for the Client**

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| --- | --- | --- |

| Option | Key Advantages | Key Risks |

| Answer all questions | Defence on record early; enhances credibility | Risk of self-incrimination; client may appear inconsistent |

| No comment interview | Prevents self-incrimination; no inconsistencies | Adverse inference under s 34 CJPOA 1994 if new facts emerge at trial |

| Prepared written statement | Avoids inferences while maintaining silence in interview | Must be drafted carefully; only works if comprehensive |

| Selective silence | Rarely appropriate | Creates impression of guilt on specific questions |

**1.5.1 Pre-Interview Requirements**

• Fitness: Suspects unable to appreciate questions should not normally be interviewed.
• Legal advice: A suspect who has requested advice must not be interviewed until advice is received (limited exceptions).
• Recording: All interviews must be audibly recorded under Code E.

**1.5.2 The Caution**

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| --- |

| "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence." |

| The caution must be given at the start of every interview. The suspect must also be reminded of their right to legal advice. |

**1.5.3 Interview Conduct**

• Oppression prohibited: No threats, shouting, or sustained hostile pressure — s 76(2)(a) PACE.
• Inducements prohibited: No promises of leniency — s 76(2)(b) PACE.
• Rest breaks: Minimum 8 hours in any 24-hour period; refreshments must be provided.

**1.5.4 The Solicitor’s Role During Interview**

• Prepare the client for police tactics before the interview.
• Make an opening statement on the client’s behalf where appropriate.
• Intervene to seek clarification or object to improper, oppressive, or irrelevant questioning.
• Ensure all Code C requirements are observed throughout.

A solicitor may only be removed if their conduct "unreasonably obstructs" proper questioning.

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| --- | --- |

| Issue | Rule |

| Client admits guilt but wants to lie | Cannot conduct a positive interview; may still advise a no comment interview |

| Conflict between co-accused | Can act only if no conflict exists; must generally withdraw from all clients if conflict arises |

| Disclosure between co-accused clients | Cannot share information without consent; must not facilitate joint fabrication |

| Withdrawing from acting | Cite “professional reasons” to custody officer; do not breach confidentiality |

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| --- |

| ✔ Custody officer (sergeant+, not involved in investigation) authorises detention and maintains custody record. |

| ✔ 24-hour detention clock; superintendent extends to 36 hours; magistrates’ warrant needed up to 96 hours total. |

| ✔ Right to legal advice: delay permitted only for indictable offences (up to 36 hours) on superintendent’s specific belief. |

| ✔ Reviews: first within 6 hours; every 9 hours thereafter — by an inspector or above. |

| ✔ Prepared written statement: safest option where disclosure is inadequate but full silence risks adverse inferences. |

| ✔ Oppression and inducements render confessions inadmissible under s 76 PACE — mandatory exclusion. |

| ✔ Solicitor’s overriding duty is to protect the client’s legal rights but cannot facilitate dishonesty or mislead the court. |

CHAPTER 2

Identification Procedures

Details the legal framework for obtaining visual identification evidence in compliance with PACE 1984, Code D.

Identification procedures test a witness’s ability to identify a suspect while guarding against mistaken identification. The police must record the suspect’s description as first given and provide a copy to the suspect or solicitor before any procedure takes place.

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| MANDATORY: When a witness has identified, or thinks they can identify, a suspect, and the suspect DISPUTES being the person seen. |

| EXCEPTIONS: Not required if impracticable; if it serves no useful purpose (suspect admits being there and accounts match); or if the suspect is already well known to the witness. |

| NOTE: If the suspect disputes being known to the witness, a procedure must still be held. |

| | | |

| --- | --- | --- |

| Type | Method | Code D Annex |

| Video identification (DEFAULT) | Suspect shown alongside at least 8 similar-looking persons in moving images | Annex A |

| Identification parade | Suspect stands in line with at least 8 similar-looking persons; witnesses view one at a time | Annex B |

| Group identification | Witness sees suspect informally in a group; can be covert if suspect refuses consent | Annex C |

| Confrontation | Direct face-to-face at police station — LAST RESORT only | Annex D |

• Identification Officer: Inspector or above, not involved in the investigation — solely responsible for conducting and recording all procedures.
• Foils: Must resemble the suspect in age, height, appearance, and general position in life.
• Unusual features: Distinctive marks may be concealed or replicated electronically on all participants.
• Witness segregation: Witnesses must be kept apart before, during, and after the procedure.
• Photographs: If a suspect is identified from photographs (minimum 12 shown), a formal procedure must follow. The jury must not be told about the photo identification.

Solicitors generally advise clients to consent to video identification or identification parades. If a client refuses, the solicitor must warn them that:

• Police may use a less favourable procedure (e.g. covert group ID or confrontation).
• The refusal can be given in evidence at trial and an adverse inference may be drawn.

At the procedure, the solicitor checks foils resemble the client, ensures witness segregation, and keeps detailed written records of all objections.

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| --- |

| ✔ Procedure mandatory when witness claims to identify suspect who disputes being the person seen. |

| ✔ Video identification is the default — offered first unless impracticable. |

| ✔ Identification Officer: inspector or above, not involved in the investigation. |

| ✔ Foils must genuinely resemble the suspect; solicitor should object to unsuitable participants. |

| ✔ Refusal to participate can be used in evidence at trial — advise consent in almost all cases. |

| ✔ Detailed written records must be kept of all aspects of the procedure. |

CHAPTER 3

Charging the Suspect

Explains the options available after completing the police station investigation, from release to formal charge and alternatives.

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| --- | --- |

| Option | Description |

| No Further Action (NFA) | Evidence insufficient and unlikely to be obtained; suspect released unconditionally. |

| Released Under Investigation (RUI) | Investigation will take more than 28 days; released without bail conditions or return date. |

| Bail before charge | Released on bail while investigation continues or CPS advice obtained (max 28 days initially). |

| Charge then bail or custody | Formally charged; suspect either bailed or detained until first court appearance. |

RUI is used when investigation will exceed 28 days. The suspect is released without conditions or a specific return date. It is controversial as it leaves suspects and victims in prolonged uncertainty.

Presumption against pre-charge bail. Bail may be granted if the case is with the CPS for charge decision, or if an inspector certifies it is necessary and proportionate. Initial limit: 28 days; extendable to 3 months (superintendent), or further by a court in complex cases.

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| --- |

| Stage 1 — EVIDENTIAL TEST: Is there a realistic prospect of conviction? (More likely than not that a court will convict.) |

| Stage 2 — PUBLIC INTEREST TEST: Is prosecution in the public interest? (Seriousness, harm, culpability, alternatives, impact on victim and community.) |

| BOTH stages must be satisfied before a charge is authorised. |

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| --- |

| Generally, a suspect CANNOT be interviewed about the charged offence after charge. |

| Exceptions: to prevent harm, clarify ambiguities, or address post-charge information. |

| If interviewed after charge: OLD caution applies — ABSOLUTE right to silence with NO risk of adverse inference. |

| | |

| --- | --- |

| Ground for Refusing Bail | Detail |

| Name or address doubts | Custody officer cannot verify identity or address. |

| Failure to appear | Reasonable grounds to believe suspect will not attend court. |

| Further offences or harm | Necessary to prevent further offending or harm to others. |

| Suspect’s own protection | Necessary for the suspect’s own safety (rare). |

Bailed suspects usually appear within 1–2 weeks. Detained suspects must appear as soon as practicable — generally within 24 hours (excluding Sundays).

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| --- | --- | --- |

| Disposal | Requirements | Notes |

| Informal warning | Minor offences only | No criminal record |

| Penalty Notice for Disorder | Anti-social behaviour / minor offences | No record unless not paid / not appealed |

| Simple caution | Admission of guilt; sufficient evidence; consent | Recorded; restrictions for indictable-only |

| Conditional caution | Admission; CPS approval; conditions signed | Breach = prosecution for original offence |

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| --- |

| ✔ RUI avoids bail conditions but leaves suspects without a return date — used when investigation exceeds 28 days. |

| ✔ Presumption against pre-charge bail — inspector must certify necessary and proportionate. |

| ✔ CPS Full Code Test: realistic prospect of conviction AND public interest. |

| ✔ Post-charge interviews use the old caution — absolute right to silence; no adverse inference. |

| ✔ Conditional caution: breach leads to prosecution for the original offence. |

CHAPTER 4

Representing Vulnerable Clients

Details the additional protections required when representing juvenile and other vulnerable suspects at the police station.

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| --- | --- |

| Category | Additional Requirement |

| Juvenile (aged 10–17 or appears under 18) | Inform parent/guardian; appropriate adult required |

| Mental health condition/disorder | Appropriate adult required |

| Hearing/speech impediment | Interpreter or communication assistant required |

| Language barrier | Qualified interpreter required |

| Blind/serious visual impairment | Independent person present to assist with documentation |

| Notification of a juvenile’s parent/guardian CANNOT be delayed — unlike the right to legal advice (which can be withheld up to 36 hours for indictable offences). | |

**4.2.1 Who May Serve as Appropriate Adult**

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| --- | --- |

| Client Type | Hierarchy |

| Juvenile | 1st: Parent/guardian • 2nd: Local authority social worker • 3rd: Another responsible adult 18+ (not police) |

| Mentally disordered | Relative, guardian, or person experienced with mental health |

| EXCLUDED from acting as appropriate adult: solicitors; police officers or staff; victims; witnesses; anyone to whom the juvenile made admissions before the appropriate adult was requested; estranged parent if the juvenile specifically objects. | |

**4.2.2 Role of the Appropriate Adult**

Active, not passive. Must: support and advise the suspect; ensure the suspect understands their rights; observe whether police are acting fairly; and facilitate communication.

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| Conversations between a suspect and the appropriate adult are NOT protected by legal professional privilege. |

| The appropriate adult may request a solicitor even if the suspect has declined one. |

• Appropriate adult must be present: Vulnerable suspects must not normally be interviewed or asked to sign statements in the absence of their appropriate adult.
• Repeating the caution: If cautioned before the appropriate adult arrived, the caution must be repeated in their presence.
• Removal: Only if their conduct “unreasonably obstructs” proper questioning.

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| --- | --- |

| Age / Status | Who Gives Consent |

| Aged 14 or over | Both the juvenile AND the parent/guardian |

| Under 14 | Parent/guardian only |

| Mentally vulnerable | Consent given in the presence of the appropriate adult |

**4.5.1 Bail After Charge**

Juveniles refused bail are normally remanded to local authority accommodation. Police custody is permitted only if moving to local authority accommodation is impracticable, or the juvenile is aged 12+ and no secure accommodation is available and the public requires protection from serious harm.

**4.5.2 Alternatives to Charging Juveniles**

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| --- | --- |

| Disposal | Key Features |

| Community resolution | Informal; minor offences; first-time offenders; admission required; no criminal record |

| Youth caution | Administered with appropriate adult; admission required; sufficient evidence; recorded |

| Youth conditional caution | Conditions (rehabilitation / reparation / punishment); CPS approval; breach = prosecution |

| Youth cautions and youth conditional cautions are NOT convictions but ARE recorded by police and visible on enhanced DBS checks, and can be cited in future criminal proceedings. | |

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| --- |

| ✔ Appropriate adult required for all key procedures involving juveniles and mentally vulnerable suspects. |

| ✔ Notification of juvenile’s parent/guardian cannot be delayed — unlike the right to legal advice. |

| ✔ Solicitor cannot act as appropriate adult; victims, witnesses, and police are excluded. |

| ✔ Conversations with appropriate adult are NOT privileged — warn the client. |

| ✔ Identification procedures: consent rules vary by age (14+: juvenile and parent; under 14: parent only). |

| ✔ Youth cautions and youth conditional cautions: recorded; affect DBS checks; can be cited in future proceedings. |

CHAPTER 5

First Hearings Before the Magistrates’ Court

Details initial court appearances for adult defendants, offence classification, public funding, and first hearing procedure.

All adult defendants (18 or over) make their first appearance in the magistrates’ court regardless of the seriousness of the charge. The CJSSS initiative requires cases to be dealt with as quickly as possible. A plea is expected at the first hearing wherever possible.

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| --- | --- | --- |

| Classification | Examples | Court |

| Summary only | Common assault; minor road traffic; criminal damage under £5,000 | Magistrates’ court only |

| Either-way | Theft; ABH; drug possession; fraud | Magistrates’ court OR Crown Court |

| Indictable only | Murder; rape; robbery; GBH s 18 | Immediately sent to Crown Court |

| Low-value shoplifting | Theft of goods ≤ £200 | Summary only unless adult defendant elects Crown Court |

**5.3.1 Police Station**

ALL persons at or attending a police station are entitled to FREE legal advice regardless of means.

**5.3.2 Representation Orders for Court**

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| --- | --- |

| Test | What It Covers |

| Interests of justice test | Risk of custodial sentence; risk to livelihood; substantial legal complexity; cannot understand proceedings; serious question of law |

| Means test | Under 18 or on passporting benefits = automatic pass. Others assessed on income. No partial contributions in magistrates’ court. |

| | | |

| --- | --- | --- |

| Offence | Guilty Plea | Not Guilty Plea |

| Summary only | Sentence immediately or adjourn for PSR | Fix trial date; case management directions |

| Either-way | Magistrates decide if sentencing powers adequate; if not, commit to Crown Court for sentence | Proceed to plea before venue and allocation hearing (Ch 6) |

| Indictable only | N/A — immediately sent to Crown Court | N/A — immediately sent under s 51 CDA 1998 |

• Secure funding: Apply for representation order or advise on private funding.
• Obtain IDPC: Request Initial Details of the Prosecution Case from the CPS.
• Advise on plea: Review the evidence and advise on the strength of the prosecution case.
• Advise on venue (either-way): If not guilty, explain advantages and disadvantages of each venue.
• Bail application: If the case is adjourned, apply for bail if the client is at risk of remand.

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| ✔ All defendants first appear in the magistrates’ court regardless of offence classification. |

| ✔ Three classifications: summary only (magistrates); either-way (either court); indictable only (Crown Court). |

| ✔ Police station legal advice is FREE for all suspects regardless of means. |

| ✔ Representation orders: interests of justice test AND means test must both be satisfied. |

| ✔ Magistrates’ maximum sentence: 6 months (one offence) / 12 months (two or more offences). |

| ✔ Either-way offences proceed to plea before venue and allocation if a not guilty plea is indicated. |

CHAPTER 6

Plea Before Venue and Allocation of Business

Details the mode of trial procedure for either-way offences and advising clients on trial venue.

For either-way offences where a not guilty plea is indicated, magistrates conduct an allocation hearing to determine whether the case is suitable for summary trial or should go to the Crown Court.

CPS must provide IDPC digitally before the first hearing for summary and either-way offences. IDPC typically includes: summary of offence circumstances; the defendant’s criminal record; accounts given in interview; and relevant witness statements and exhibits. No IDPC obligation for indictable-only offences (sent straight to Crown Court).

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| --- | --- | --- |

| The final decision on plea ALWAYS belongs solely to the client — the solicitor advises; the client decides. | | |

| If evidence is overwhelming, the solicitor MUST advise the client of the sentencing discount for an early guilty plea (up to one-third at the first hearing). | | |

| Factor | Crown Court ✔ | Magistrates’ Court ✔ |

| Acquittal rates | Statistically better acquittal rates (jury trial) | Magistrates can convict at higher rates on some offences |

| Sentencing powers | Unlimited sentencing after conviction | Maximum 6 months (one offence) / 12 months (two+) |

| Challenging evidence | Voir dire available; stronger procedural protections | Less flexible procedural rules |

| Speed and cost | Slower; more expensive | Faster; cheaper; less stressful |

| Defence statement | Mandatory defence statement required | Optional — rarely served |

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| --- | --- |

| Solicitor CAN | Solicitor CANNOT |

| Test prosecution evidence through cross-examination | Assert a positive defence the solicitor knows to be false |

| Make a submission of no case to answer | Put forward any evidence the solicitor knows is untrue |

| Cite “professional reasons” when withdrawing | Continue acting once client insists on giving false evidence |

If magistrates consider their sentencing powers adequate, the defendant is given a free choice: summary trial (magistrates) or trial on indictment (Crown Court). The defendant may first request a “sentence indication” — whether a custodial or non-custodial sentence is likely.

Either-way offences may be sent directly to the Crown Court (without an allocation hearing) where: the case involves serious or complex fraud; it involves a child witness where avoiding allocation protects the child’s welfare; or the either-way offence is linked to an indictable-only offence involving the same or another defendant.

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| ✔ IDPC must be provided digitally before the first hearing for summary and either-way offences. |

| ✔ Plea decision belongs to the client; solicitor must advise on sentencing discount for early guilty plea. |

| ✔ Crown Court advantages: better acquittal rates; stronger procedural protections; more preparation time. |

| ✔ Magistrates’ court advantages: limited sentencing; faster; cheaper; no mandatory defence statement. |

| ✔ Solicitor can test prosecution evidence even if client admits guilt — but cannot assert false positives. |

| ✔ s 50A CDA 1998: direct sending for serious fraud, child witness cases, and linked indictable offences. |

CHAPTER 7

Bail

Comprehensive guide to bail law and procedure under the Bail Act 1976.

When a criminal case is adjourned, the court decides whether to remand the defendant on unconditional bail, conditional bail, or in custody. Section 4 Bail Act 1976 creates a statutory presumption in favour of bail for most defendants prior to conviction.

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| --- | --- |

| Stage | Maximum Remand in Custody |

| Before conviction (standard) | 8 clear days at a time |

| Before conviction (extended) | 28 days — if already in custody for same offence, present in court, and next stage date can be set |

| After conviction (before sentence) | 3 weeks in custody; 4 weeks on bail |

| Custody time limit — either-way | 70 days before trial (magistrates’ court) |

| Custody time limit — summary only | 56 days before trial (magistrates’ court) |

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| s 4 Bail Act 1976: Presumption that bail WILL be granted to all defendants prior to conviction, and to convicted defendants whose cases are adjourned for pre-sentence reports. |

| The presumption does NOT apply to defendants: committed to Crown Court for sentence; already appealing a conviction; serving a custodial sentence. |

**7.3.1 Grounds for Refusing Bail — Imprisonable Offences**

The court may refuse bail only if there are SUBSTANTIAL GROUNDS to believe the defendant will:

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| --- | --- |

| Ground | Key Factors Considered |

| Fail to surrender | Previous failures to surrender; strength of evidence; community ties; accommodation; employment; seriousness of offence |

| Commit further offences on bail | Nature and seriousness of offence; whether offence committed while on bail; character and antecedents |

| Interfere with witnesses or obstruct justice | Knowledge of witnesses; motive to intimidate; strength of evidence against defendant |

| NO REAL PROSPECT OF CUSTODY: If there is no real prospect of a custodial sentence, magistrates generally CANNOT remand in custody before the case is disposed of. | |

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| --- | --- |

| Condition | Purpose |

| Residence requirement | Prevent absconding; ensure defendant can be located |

| Curfew (often with electronic tag) | Prevent absconding; reduce opportunity for further offences |

| Reporting to police station | Monitor compliance with bail; maintain contact |

| Non-communication with witnesses | Prevent interference with the prosecution |

| Surety | Financial incentive for surrender — third party promises to pay if defendant absconds |

| Surrender of passport | Prevent flight abroad in serious cases |

| Exclusion from areas/places | Prevent proximity to complainant or crime scene |

• Step 1 — Prosecution: Outlines grounds for objection and applies the relevant factors to support each ground.
• Step 2 — Defence: Responds to each prosecution ground; proposes a realistic package of conditions to mitigate risks.
• Step 3 — Court decision: If bail is refused or granted with conditions, a certificate of full argument must be issued.

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| --- | --- |

| Application | Conditions |

| First further application | Any argument as to fact or law — defendant’s entitlement |

| Second full application | Any argument as to fact or law — defendant’s entitlement |

| Subsequent applications | New legal or factual argument required that was not raised previously |

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| --- | --- | --- |

| Who Appeals | Route | Key Process |

| Defendant (bail refused) | Crown Court judge in chambers | Notice of application served 24 hours in advance |

| Prosecution (bail granted — imprisonable) | Crown Court judge in chambers | Oral notice immediately; written confirmation within 2 hours |

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| --- | --- | --- |

| Situation | Legal Position | Consequence |

| Failing to surrender (absconding) | Criminal offence — s 6 Bail Act 1976 | Warrant for arrest; usually not backed with bail; kept in custody until produced |

| Breaching a bail condition | NOT a criminal offence | Police may arrest without warrant under s 7 BA 1976; defendant before magistrates within 24 hours |

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| ✔ s 4 Bail Act 1976: Presumption in favour of bail for all defendants prior to conviction. |

| ✔ Three grounds for refusal (imprisonable offences): fail to surrender; commit further offences; interfere with witnesses. |

| ✔ No real prospect of custody = generally cannot remand in custody. |

| ✔ Conditional bail: wide range of conditions; must be necessary and proportionate to the ground. |

| ✔ Defendant entitled to two full bail applications; subsequent ones need new arguments. |

| ✔ Absconding is a criminal offence; breaching a condition is not — but leads to arrest and court appearance. |

| ✔ Prosecution appeal: oral notice immediately + written confirmation within 2 hours. |

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| PRACTICE QUESTION 1 |

| A defendant faces a first appearance charged with GBH. He claims self-defence and does not know the victim. He has no previous convictions for violence but has three convictions for failing to surrender to custody. His last conviction was a 6-month suspended sentence for burglary, 18 months ago. He is of no fixed abode. On which ground is the prosecution most likely to object to bail? |

| A Substantial grounds to believe the defendant will fail to surrender to custody. |

| B The defendant may commit an offence on bail given his antecedent history. |

| C The nature and seriousness of the GBH offence charged. |

| D Substantial grounds to believe the defendant will interfere with a prosecution witness. |

| E The defendant’s character, antecedents, associations, and community ties. |

| ANSWER & EXPLANATION<br><br>Option A is correct. The defendant has THREE previous convictions for failing to surrender — the clearest available indicator of future absconding risk. He is also of no fixed abode (no community ties) and subject to a suspended sentence likely to be activated on conviction. Option B is possible but there is no pattern of violent offending. Option C (seriousness) is a factor within a ground, not a freestanding ground itself. Option D is unsupported by the facts — there is no relationship with the victim. Option E correctly identifies factors but describes considerations rather than a ground. |

CHAPTER 8

Case Management and Pre-trial Hearings

Outlines the procedural framework for preparing criminal cases for trial under the Criminal Procedure Rules and the CPIA 1996 disclosure regime.

The Criminal Procedure Rules (CrimPR) establish standard case management directions for all criminal cases. The CPIA 1996 governs the prosecution’s duty to disclose unused material and the defence’s corresponding obligations.

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| --- | --- |

| Case Type | Standard Preparation Period |

| Standard case (no expert evidence) | 8 weeks from not guilty plea |

| Case requiring expert evidence | 14 weeks from not guilty plea |

| Pre-Trial Obligation | Key Detail |

| Witness summons | Court can compel reluctant witnesses to attend. |

| Defence witness notification (s 6C CPIA) | Defence must notify CPS of names, addresses, and dates of birth of all defence witnesses. |

| Expert witness reports | Must be served on CPS in advance. |

| s 9 CJA 1967 statements | Admissible without live attendance if signed, contains truth declaration, and no party objects within 7 days of service. |

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| --- | --- |

| Route | Method |

| Indictable only | Sent immediately under s 51(1) CDA 1998 — no allocation hearing |

| Either-way (magistrates decline) | Sent to Crown Court after allocation |

| Either-way (defendant elects) | Sent to Crown Court after defendant elects jury trial |

**8.3.1 Preliminary Hearings**

A preliminary hearing (within 14 days of sending) is held in limited circumstances: cases involving juveniles; very long trials (over 4 weeks); or complex case management issues.

**8.3.2 The PTPH — 28 Days After Sending**

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| --- | --- |

| Stage | What Happens |

| Arraignment | Defendant formally asked to plead guilty or not guilty to counts on the indictment. |

| Guilty plea | Judge may sentence immediately or adjourn for reports; Goodyear indications available. |

| Not guilty plea | Judge gives further directions; sets trial date or places on warned list. |

| Change of plea | Defendant may change plea to guilty at any time before the jury delivers its verdict. |

**8.4.1 Initial Prosecution Duty of Disclosure**

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| --- |

| CPS must disclose any unused material that "might reasonably be considered capable of undermining the case for the prosecution or of assisting the case for the accused." |

| Examples: witness description differing from the defendant; material casting doubt on a confession; evidence supporting an alibi. |

| CPS may withhold material protected by Public Interest Immunity (PII) — e.g. informant identity; national security. |

**8.4.2 Defence Disclosure**

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| --- | --- |

| Court | Defence Statement |

| Magistrates’ court | OPTIONAL — rare in practice; discloses the defence case prematurely. |

| Crown Court | COMPULSORY — must set out the nature of the defence, disputed facts, and points of law. |

| Crown Court: failure to serve a defence statement; late service; or inconsistency with trial defence = adverse inferences may be drawn by the jury. | |

**8.4.3 Further Disclosure After Defence Statement**

After receiving the defence statement, the CPS must review all unused material again with the specific defence in mind. If the defence believes material is being withheld, they may apply for a specific disclosure order under s 8(2) CPIA 1996.

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| --- |

| ✔ Magistrates’ court: 8-week standard; 14-week with expert evidence; directions given at the plea hearing. |

| ✔ Crown Court: preliminary hearing within 14 days (complex/long/juvenile); PTPH within 28 days otherwise. |

| ✔ Initial prosecution disclosure: undermines prosecution OR assists defence — continuing duty throughout proceedings. |

| ✔ Magistrates’ court: defence statement optional. Crown Court: compulsory — adverse inferences for failure. |

| ✔ CPS must review unused material again after receiving the defence statement. |

CHAPTER 9

Principles and Procedures to Admit and Exclude Evidence

Covers burdens of proof, identification, adverse inferences, hearsay, confessions, bad character, and exclusion under s 78 PACE.

Evidence must be relevant (related to the facts in issue) and admissible (permitted by legal rules). It may be direct (eyewitness account) or circumstantial (from which facts may be inferred, such as motive or opportunity).

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| --- | --- | --- |

| Burden | Who Bears It | Standard |

| Legal (persuasive) burden | Prosecution throughout the trial | Beyond reasonable doubt — the court must be "sure" |

| Evidential burden — defence | Defence to raise defences (alibi, self-defence, etc.) | Raise sufficient evidence; prosecution must then disprove |

| Shifted legal burden (rare) | Defendant for specific statutory defences (e.g. insanity) | Balance of probabilities |

**9.3.1 Challenging Admissibility — s 78 PACE**

The court may exclude identification evidence under s 78 PACE if there were significant and substantial breaches of Code D that would make admission unfair — for example, failing to hold a mandatory procedure or using inappropriate foils.

**9.3.2 The Turnbull Guidelines (Disputed Identification)**

| | |

| --- | --- |

| ADVOKATE mnemonic for quality assessment: Amount of time observed; Distance; Visibility; Obstruction; Known/seen before; Any particular reason to remember; Time lapse since observation; Error in description. | |

| Quality of Evidence | Court’s Action |

| Good quality | Give Turnbull warning to jury: special need for care with identification evidence |

| Poor quality but corroborated | Give Turnbull warning AND direct jury to look for supporting evidence (fingerprints, confession, CCTV) |

| Poor quality and unsupported | Judge should WITHDRAW the case from the jury and direct an acquittal |

| | | |

| --- | --- | --- |

| Section | Trigger | When Inferences Drawn |

| s 34 | Failure to mention a fact in interview that is later relied on at trial | Only where defendant could reasonably have been expected to mention it; no inference if no legal advice at interview (usually) |

| s 35 | Failure to testify at trial | If prosecution establishes a case to answer and defendant refuses to give evidence |

| s 36 | Failure to account for objects, substances, or marks on person | Requires prior “special caution” from police |

| s 37 | Failure to account for presence at a place | Requires prior “special caution” from police |

| Silence alone CANNOT prove guilt — adverse inferences are supporting evidence only, not proof of guilt. | | |

Hearsay is an out-of-court statement relied on as evidence of the truth of its contents. Inadmissible unless it falls within one of four gateways under the CJA 2003:

| | |

| --- | --- |

| Gateway | Detail |

| s 116 CJA 2003 — Unavailable witness | Witness is dead; unfit to attend; abroad; cannot be found; or in fear (with court leave) |

| s 117 CJA 2003 — Business records | Document created in course of a trade, business, profession, or occupation |

| Preserved common law | Res gestae (spontaneous contemporaneous statements); confessions; reputation evidence |

| Agreement | All parties agree to admission |

| Interests of justice | Court has discretion based on probative value and reliability |

A confession is any statement wholly or partly adverse to the maker. Includes mixed statements (admissions plus self-serving facts). Prima facie admissible.

**9.6.1 Challenging Admissibility — ss 76 and 78 PACE**

| | | |

| --- | --- | --- |

| Route | Ground | Effect |

| s 76(2)(a) — Oppression | Obtained by oppression (threats, sustained hostile pressure) | Court MUST exclude — mandatory once established beyond reasonable doubt in voir dire |

| s 76(2)(b) — Unreliability | Circumstances likely to render confession unreliable (inducements, denial of rest, illness) | Court MUST exclude — mandatory once established |

| s 78 PACE — Unfairness | Admission would have adverse effect on fairness of proceedings | Court MAY exclude — discretionary |

Bad character = evidence of misconduct (reprehensible behaviour or previous convictions) other than the current offence charged.

| | |

| --- | --- |

| Gateway | Description |

| (a) All parties agree | No objection available. |

| (b) Defendant adduced it themselves | Defendant raises their own good character. |

| (c) Important explanatory evidence | Needed to understand the context of the offence. |

| (d) Propensity | Propensity to commit offences of this type OR propensity to be untruthful. Most commonly used by prosecution. |

| (e) Co-defendant cuts-throat | Co-defendant blames the defendant — can raise bad character. |

| (f) False impression | Defendant creates false impression of good character. |

| (g) Attack on another’s character | Defendant attacks a prosecution witness — “opens the door” to own bad character. |

Section 78 gives the court discretion to exclude prosecution evidence if its admission would have an adverse effect on the fairness of the proceedings. Applied to evidence obtained through significant and substantial breaches of PACE or the Codes. Courts may also stay proceedings as an abuse of process where the police incited or entrapped the defendant.

| |

| --- |

| ✔ Prosecution bears legal burden throughout — beyond reasonable doubt. Defence has evidential burden to raise specific defences. |

| ✔ Turnbull: poor quality unsupported identification = judge must stop the case and direct acquittal. |

| ✔ s 34 adverse inference: failure to mention facts in interview relied on at trial — only where reasonably expected to mention. |

| ✔ Confession: prima facie admissible; challenged in voir dire under s 76 (mandatory exclusion) or s 78 (discretionary). |

| ✔ Hearsay: four gateways under CJA 2003 — s 116 (unavailable witness); s 117 (business records); common law; agreement; interests of justice. |

| ✔ Bad character: seven gateways under s 101(1) CJA 2003; gateway (d) most commonly used by prosecution. |

| ✔ s 78 PACE: court has discretion to exclude any prosecution evidence whose admission would adversely affect fairness. |

CHAPTER 10

Trial Procedure in the Magistrates’ Court and Crown Court

Detailed examination of criminal trial procedure, advocacy skills, witness rules, and solicitor duties.

The criminal trial is the culmination of the investigation and pre-trial process. The prosecution always presents its case first. Witnesses are examined, cross-examined, and re-examined. The verdict is based on whether the prosecution has discharged the legal burden.

| | | |

| --- | --- | --- |

| Stage | Magistrates’ Court | Crown Court |

| Opening | Prosecution may make opening speech | Prosecution makes opening speech |

| Prosecution evidence | Witnesses called; examined; cross-examined; re-examined | Same; jury present throughout |

| Half-time submission | No case to answer (Galbraith test) | No case to answer (same test) |

| Defence case | Defendant testifies first (if any); other witnesses follow | Same order |

| Closing speeches | Both sides | Both sides |

| Directions/summing up | Magistrates receive legal advice in private | Judge directs jury on law AND summarises evidence |

| Verdict | Magistrates/District Judge deliberate | Jury: unanimous first; majority (11:1 or 10:2) after 2 hours 10 minutes |

**10.2.1 Submission of No Case to Answer — The Galbraith Test**

| |

| --- |

| Test: Has the prosecution (1) FAILED to prove an essential element of the offence; OR (2) produced evidence so discredited or unreliable that no reasonable tribunal could safely convict? |

| If YES — judge/magistrates MUST direct acquittal. |

| If NO — trial continues; defence presents its case. |

**10.2.2 Defendant as Witness**

The defendant is a competent but never compellable witness. If the prosecution establishes a case to answer and the defendant refuses to testify, the court may draw an adverse inference under s 35 CJPOA 1994.

| | | |

| --- | --- | --- |

| Court | Judge | Opponent |

| Magistrates’ court | Your Worships (bench); Sir/Madam (chair/DJ) | My friend |

| Crown Court | Your Honour (circuit judge/recorder) | My learned friend (barrister); my friend (solicitor) |

| High Court | My Lord / My Lady | My learned friend |

| | | |

| --- | --- | --- |

| Stage | Question Type | Purpose |

| Examination-in-chief | NON-LEADING (open) — Who, What, Where... | Allow witness to tell story in own words; leading questions prohibited |

| Cross-examination | LEADING (closed) — Yes/No answers | Challenge credibility; put the defence case to the witness |

| Re-examination | NON-LEADING (open) only | Clarify matters from cross-examination only; no new topics |

| | | | |

| --- | --- | --- | --- |

| Person | Competent? | Compellable? | Notes |

| All persons (general rule) | Yes (s 53 YJCEA 1999) | Yes | Witness summons can compel attendance |

| Defendant (own trial) | Yes — for own defence | NO — never compellable | Not competent for prosecution in own trial |

| Spouse/civil partner | Yes | Only for “specified offences” | Violence/sexual offences against spouse or child under 16 |

| Child witness | If can understand questions | Yes | Under 14 gives unsworn evidence |

Under the YJCEA 1999, vulnerable witnesses may apply for: screens; live link; evidence in private; video-recorded evidence-in-chief; intermediaries; and aids to communication.

| |

| --- |

| Overriding duty to the court takes precedence over duty to the client. |

| CANNOT: Assert a positive defence known to be false; put evidence forward known to be untrue; mislead the court. |

| CAN: Test the prosecution’s case; make a no case to answer submission; cross-examine prosecution witnesses robustly. |

| Witness preparation: may provide the witness’s statement to refresh memory ONLY — must NEVER coach or rehearse witnesses. |

| |

| --- |

| ✔ Prosecution presents its case first — legal burden to prove guilt beyond reasonable doubt throughout. |

| ✔ Galbraith: prosecution fails to prove essential element OR evidence so unreliable no reasonable tribunal could convict. |

| ✔ Defendant competent but never compellable; s 35 adverse inference if refuses to testify. |

| ✔ Majority verdict (11:1 or 10:2) accepted after minimum 2 hours 10 minutes of deliberation. |

| ✔ Examination-in-chief: non-leading; cross-examination: leading; re-examination: non-leading, clarification only. |

| ✔ Defendant never compellable; spouse compellable only for specified offences. |

| ✔ Solicitor’s overriding duty: never mislead the court; can test prosecution evidence robustly. |

CHAPTER 11

Sentencing

Covers the Sentencing Code, guidelines, aggravating and mitigating factors, types of sentence, and Newton hearings.

| | |

| --- | --- |

| Purpose | Description |

| Punishment | Just deserts proportionate to the seriousness of the offence. |

| Reduction of crime (deterrence) | Individual and general deterrence; incapacitation. |

| Reform and rehabilitation | Addressing underlying causes of offending. |

| Protection of the public | Incapacitating dangerous offenders. |

| Reparation | Compensation to victims or the community. |

These purposes do not apply where sentence is fixed by law (e.g. mandatory life imprisonment for murder).

The Sentencing Council publishes definitive guidelines for individual offences. Courts must follow them unless doing so would be contrary to the interests of justice. Guidelines assess seriousness based on CULPABILITY (A = highest; D = lowest) and HARM (Category 1 = most serious).

**11.3.1 Statutory Aggravating Factors (MUST be treated as increasing seriousness)**

• Previous convictions: Recent and relevant previous convictions.
• Offence on bail: Offence committed while on bail for another offence.
• Racial/religious aggravation: Hostility based on race or religion.
• Sexual orientation / disability hostility: Hostility based on sexual orientation or disability.

**11.3.2 Common Guideline Factors**

| | |

| --- | --- |

| Aggravating | Mitigating |

| Planning / premeditation | Acting on impulse without premeditation |

| Gang involvement / joint enterprise | Mental illness or disorder contributing to offence |

| Use of weapon | Provocation by victim |

| Targeting of vulnerable victim | Very young age or old age |

| Abuse of position of trust | Minor or peripheral role in offence |

| Committed on bail | Genuine remorse; co-operation with police |

| High culpability (professional criminal) | Good character; no previous convictions |

**11.3.3 Guilty Plea Discount**

| | |

| --- | --- |

| Stage of Guilty Plea | Maximum Reduction |

| First hearing (magistrates’ or PTPH) | One-third (33%) |

| After first hearing but before trial | Up to one-quarter (25%) |

| First day of trial | Up to one-tenth (10%) |

| During trial | None or negligible |

| | |

| --- | --- |

| Step | Action |

| 1\. Offence category | Assess harm and culpability; identify guideline category. |

| 2\. Provisional sentence | Identify starting point and range; adjust for aggravating/mitigating factors. |

| 3\. Reduction factors | Consider assistance to prosecution; other mitigation. |

| 4\. Guilty plea | Apply the appropriate reduction based on timing. |

| 5\. Dangerous offenders | Consider extended sentence if offender is “dangerous.” |

| 6\. Totality | Ensure overall sentence for multiple counts is just and proportionate. |

| 7\. Ancillary orders | Compensation orders; forfeiture; restraining orders; sex offender registration. |

| 8\. Reasons | Give reasons for the sentence in open court. |

| | | |

| --- | --- | --- |

| Type | Meaning | When Used |

| Concurrent | All custodial terms served at the same time — only longest counts | Offences arising from the same incident or closely related events |

| Consecutive | Each sentence begins after the previous ends — terms are added | Separate, distinct criminal acts |

| Totality principle: When passing consecutive sentences, step back and ensure the total is just and proportionate to the overall criminality — must not result in a crushing sentence. | | |

| | |

| --- | --- |

| Sentence | Key Conditions |

| Absolute/conditional discharge | Most minor offences; conditional = no further offence within order period. |

| Fine | Most common sentence; based on relevant weekly income. |

| Community order | Offence serious enough but does not meet custody threshold; wide menu of requirements. |

| Suspended sentence (SSO) | Custody threshold met; 14 days to 2 years (Crown Court); up to 6 months (magistrates’); suspended for 6 months to 2 years. |

| Immediate custody | Only if “so serious” that neither fine nor community sentence is justified. |

| Extended sentence | Dangerous offenders; custodial term plus extended licence period (Crown Court). |

| Life imprisonment | Mandatory for murder; discretionary for other grave offences. |

| CUSTODY THRESHOLD: A custodial sentence must NOT be imposed unless the offence is "so serious that neither a fine alone nor a community sentence can be justified." | |

| Early release: Most adult prisoners released automatically at the halfway point and serve the remainder on licence. | |

| |

| --- |

| Triggered when: Defendant pleads guilty but disputes the prosecution’s factual version in a way that would significantly affect the sentence. |

| Process: Both sides may call evidence; judge determines the correct factual basis on the balance of probabilities. |

| Risk for defendant: If the judge finds against them on the Newton hearing, some guilty plea discount may be lost. |

| |

| --- |

| ✔ Sentencing Act 2020: five purposes — punishment; deterrence; rehabilitation; public protection; reparation. |

| ✔ Courts must follow Sentencing Council guidelines unless contrary to the interests of justice. |

| ✔ Statutory aggravating factors: previous convictions; offence on bail; racial/religious/orientation/disability hostility. |

| ✔ Guilty plea discount: one-third at first hearing; one-quarter after first hearing; one-tenth on day of trial. |

| ✔ Concurrent sentences: same incident. Consecutive: separate acts. Totality principle prevents crushing total. |

| ✔ Community order: serious enough but below custody threshold. |

| ✔ Suspended sentence: custody threshold met but suspended for 6 months to 2 years. |

| ✔ Newton hearing: disputed facts on guilty plea that would significantly affect sentence. |

CHAPTER 12

Appeals Procedure

Details the routes for appealing criminal decisions from the magistrates’ court and the Crown Court.

| | |

| --- | --- |

| Plea at Trial | What Can Be Appealed |

| Guilty plea | Sentence only |

| Not guilty plea (and convicted) | Conviction only; sentence only; or both |

The Crown Court conducts a FULL REHEARING — effectively a second trial. For sentence appeals, the Crown Court independently determines the correct sentence. Prosecution has NO right of appeal against acquittals or sentences in this venue.

| | |

| --- | --- |

| Requirement | Detail |

| Notice of appeal | Filed with magistrates’ court and CPS within 21 days of being sentenced. |

| Representation order | Original order covers advice on appeal only; SEPARATE order needed for Crown Court hearing. |

| Bail pending appeal | NO presumption in favour of bail — must apply separately. |

| Crown Court may CONFIRM, REVERSE, or VARY the magistrates’ decision. | |

| IMPORTANT: Crown Court MAY INCREASE a sentence on a defendant’s appeal if it takes a more serious view. | |

| | |

| --- | --- |

| Feature | Detail |

| Who can use it? | Both prosecution AND defence |

| Ground | Decision was WRONG IN LAW or magistrates acted OUTSIDE THEIR JURISDICTION |

| Application deadline | Within 21 days of the decision to the magistrates’ court clerk |

| Hearing | Divisional Court (3 judges); legal arguments only; no witnesses |

| Powers | Reverse; vary; or remit the case for a rehearing |

| Practical note | Defence should generally prefer Crown Court appeal — faster and more effective |

Available where magistrates acted ultra vires (beyond their powers) or breached the rules of natural justice (bias; failed to give a fair hearing). The Divisional Court can quash the decision or issue orders compelling the magistrates to act properly.

**12.5.1 Appeal Against Conviction**

| | |

| --- | --- |

| Feature | Detail |

| Permission required | From Court of Appeal OR from a certificate from the trial judge |

| Ground | Conviction is “unsafe” |

| Notice deadline | 28 days from the date of conviction |

| Single judge filter | Reviews papers; may grant or refuse leave; meritless appeals may incur “loss of time” penalty |

| Powers | Quash conviction and acquit; order RETRIAL; substitute conviction for lesser offence |

**12.5.2 Appeal Against Sentence**

| | |

| --- | --- |

| Feature | Detail |

| Ground | Sentence is wrong in law; wrong in principle; or manifestly excessive |

| Notice deadline | 28 days from the date of sentence |

| Key limitation | Court of Appeal CANNOT INCREASE the sentence on a defendant’s own appeal |

**12.5.3 Prosecution Appeals**

| | |

| --- | --- |

| Type | Powers |

| Termination/evidential rulings | CPS can appeal rulings that end the trial or significantly weaken the prosecution case |

| Unduly lenient sentences (Attorney-General) | Court of Appeal CAN INCREASE the sentence — referral for serious offences only |

| Application for retrial after acquittal | Very serious crimes; new and compelling evidence; interests of justice — bypasses double jeopardy rule |

| |

| --- |

| ✔ Magistrates’ to Crown Court: full rehearing; 21-day notice; Crown Court may INCREASE sentence on appeal. |

| ✔ Case stated: prosecution or defence; wrong in law or excess of jurisdiction; 21-day application to magistrates’ clerk. |

| ✔ Court of Appeal: permission required; conviction appeal ground = “unsafe”; sentence = manifestly excessive. |

| ✔ Court of Appeal CANNOT increase sentence on defendant’s own appeal. |

| ✔ Attorney-General unduly lenient reference: Court of Appeal CAN increase sentence. |

| ✔ Application for retrial: very serious offences; new and compelling evidence; interests of justice. |

CHAPTER 13

Youth Court Procedure

Explains the distinct legal framework for defendants aged 10–17, emphasising rehabilitation and welfare over the more punitive approach of adult courts.

The Youth Court is a specialist branch of the magistrates’ court dealing with defendants aged 10–17. Its overriding aim is the prevention of offending by children and young persons, with constant regard for the welfare of the individual juvenile.

| | | |

| --- | --- | --- |

| Feature | Youth Court | Adult Magistrates’ Court |

| Environment | Less formal; participants at same level; first names used | Formal; elevated bench |

| Terminology | “Finding of guilt”; “Order” | “Conviction”; “Sentence” |

| Public access | Not open to public; press may attend but generally prohibited from identifying the juvenile | Open to public and press |

| Legal aid means test | All juveniles automatically satisfy the means test | Standard means test applies |

| YOT involvement | YOT officer present at every sitting | No equivalent |

| Parental attendance | Mandatory for parents of under-16s; discretionary for 16–17s | Not required |

| | |

| --- | --- |

| Exception | Requirement |

| Homicide | MUST be sent to Crown Court |

| Firearms offences (aged 16+) | MUST be sent to Crown Court |

| Grave crimes (14+ years for adult) | MAY be sent to Crown Court if Youth Court’s maximum (24-month DTO) is insufficient |

| Specified offences (dangerous offenders) | MAY be sent to Crown Court |

| Jointly charged with adult going to Crown Court | MAY follow adult to Crown Court if interests of justice require |

| KEY DISTINCTION: Juveniles have NO right to elect trial in the Crown Court. If the Youth Court accepts jurisdiction for a grave crime, the juvenile must be tried there. | |

| | |

| --- | --- |

| Remand Option | Availability |

| Unconditional / conditional bail | All ages |

| Local authority accommodation (LAA) | All ages if bail refused |

| Youth detention accommodation | 12–17 only; requires: legal representation; serious/violent offence or history of absconding/offending on remand; necessary for public protection |

10–11 year olds: NEVER remanded to youth detention accommodation — bail or LAA only.

| | |

| --- | --- |

| Sentence | Key Features |

| Absolute/conditional discharge | Most minor offences; first-time offenders |

| Referral order | MANDATORY for first-time offenders pleading guilty (unless discharge or custody); 3–12 months; youth offender contract with panel |

| Youth rehabilitation order (YRO) | Community equivalent; up to 3 years; wide range of requirements (supervision, unpaid work, curfew, etc.) |

| Detention and training order (DTO) | ONLY custodial sentence available to Youth Court; 4–24 months; half in custody; half under YOT supervision in community |

| Section 91 detention | Long-term detention for grave crimes; imposed by Crown Court; exceeds DTO maximum |

| Sentencing guidelines emphasise: custody is a LAST RESORT; culpability is often diminished by immaturity and susceptibility to peer pressure. | |

| Pre-Sentence Report (PSR) from the YOT is usually mandatory before sentencing. | |

Juveniles have the same rights of appeal as adult defendants in the magistrates’ court. Appeals against conviction and/or sentence go to the Crown Court by way of full rehearing. Case stated to the High Court is available for purely legal questions.

| |

| --- |

| ✔ Youth Court aims: prevent offending; promote welfare. All juveniles automatically satisfy the legal aid means test. |

| ✔ Less formal: first names; same level seating; public excluded; press prohibited from identifying the juvenile. |

| ✔ Five exceptions from Youth Court: homicide; firearms (16+); grave crimes; specified offences; jointly charged with adult going to Crown Court. |

| ✔ Juveniles have NO right to elect Crown Court trial — unlike adult defendants. |

| ✔ 10–11 year olds: bail or LAA only — never youth detention accommodation. |

| ✔ Referral order mandatory for first-time guilty pleas (unless discharge or custody). |

| ✔ DTO: only custodial sentence in Youth Court; 4–24 months; half in custody, half in community under YOT. |

| | | |

| --- | --- | --- |

| Stage / Action | Time Limit / Threshold | Notes |

| Detention clock | 24 hours | From arrival at station / arrest if already there |

| Superintendent extension | 36 hours total | Indictable offences only; diligent investigation required |

| Magistrates’ court extension | Up to 96 hours (4 days) | Warrant required; indictable offences only |

| First detention review | Within 6 hours of authorised detention | Inspector or above; not involved in investigation |

| Subsequent reviews | Every 9 hours | Same officer requirements |

| Delay to legal advice | Up to 36 hours | Indictable offences; superintendent’s specific belief required |

| Pre-charge bail initial limit | 28 days | Inspector must certify necessary and proportionate |

| Custody time limit — either-way | 70 days before trial (magistrates’) | Extendable in exceptional circumstances |

| Custody time limit — summary only | 56 days before trial (magistrates’) | Extendable in exceptional circumstances |

| Remand in custody (pre-conviction) | 8 clear days (standard); 28 days (extended) | Extended if in custody for same offence |

| Magistrates’ trial preparation | 8 weeks (standard); 14 weeks (with expert) | From not guilty plea |

| PTPH in Crown Court | 28 days after sending | If no preliminary hearing required |

| Preliminary hearing — Crown Court | Within 14 days of sending | Long/complex cases; juveniles; 4+ week trials |

| s 9 statement objection | 7 days from service | If no objection — statement admitted without witness |

| Notice of appeal to Crown Court | 21 days from date of sentence | Magistrates’ court conviction/sentence appeal |

| Case stated application | 21 days from decision | To magistrates’ court clerk; wrong in law |

| Court of Appeal notice | 28 days from conviction/sentence | Crown Court appeals |

| Prosecution bail appeal — written | Within 2 hours | After oral notice given immediately at hearing |

| Guilty plea discount — first hearing | One-third (33%) | Applies at plea before venue / PTPH |

| Guilty plea discount — after first hearing | Up to one-quarter (25%) | Before trial begins |

| Guilty plea discount — day of trial | Up to one-tenth (10%) | First day of trial only |

| Youth detention accommodation | 12–17 years old only | Requires: legal rep; serious offence; necessary for public protection |

| DTO range — Youth Court | 4 to 24 months | Only custodial sentence available in Youth Court; half in custody |