Criminal and Motoring Offences | By Lawyers
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Criminal and Motoring Offences

This publication guides practitioners through all aspects of criminal law and motoring offences.

2 Matter Plans

Overview

The commentaries cover all aspects of criminal law matters, including motoring offences like dangerous driving and drink and drug-related offences. They also cover the key stages of procedures, from a penalty notice, arrest, or charge, to hearing, mitigation, and sentencing, including avenues of appeal and legal aid considerations. Practical guidance in preparing to attend the magistrates’ and Crown Court is included, with detailed commentary on analysing the charge and evidence.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Precedents in this publication include:

  • a Library of initial letters to clients, covering a variety of offences and possible outcomes;
  • letters to:
    • clients;
    • police;
    • the Crown Prosecution Service;
    • third parties, including witnesses and experts;
  • information sheets for clients explaining the court processes and what to do on the day of the hearing;
  • attendance notes for every stage to ensure a smooth legal aid billing process.
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2 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Criminal
  • Folder icon Reference materials
    • Item icon Electronic Signing and Witnessing
    • Item icon Looking to the Future
  • Item icon Overview
    All criminal matters in England and Wales, regardless of their seriousness, commence in the magistrates’ court. However, some cases are sent to the jurisdiction of the Crown Court for trial. Many advocates regularly appear in the magistrates’ court with an ever-increasing number obtaining higher ...

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  • Item icon Related offences
    Summary and either-way offences can be linked to indictable-only offences sent or committed in the Crown Court provided certain conditions are satisfied.

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  • Item icon Summary of the process
    The usual steps in acting for a client in a criminal matter are:

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  • Folder icon Magistrates court
    • Folder icon A. At the police station
      • Item icon Police and Criminal Evidence Act 1984 (PACE) codes of practice
        Lawyers and police station representatives attending a police station must understand the Police and Criminal Evidence Act 1984 and the accompanying PACE codes of practice. Unfamiliarity with the PACE codes of practice places a client at considerable risk as the court may find that any actions ...

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      • Item icon Initial instructions
        A request for attendance on a client at a police interview will come either from:

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      • Item icon Initial call record
      • Item icon Attendance note - Initial telephone advice
      • Item icon Police station attendance record
      • Item icon Attendance note - Taking initial instructions at police station
      • Item icon Purpose of attendance
        Whether it is appropriate or necessary to attend the police station to assist the client with an interview will depend on the type of offence for which the person has been arrested. For example, a client arrested for breach of court bail will not be interviewed but produced at court the following ...

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      • Item icon The interview
        The caution A police officer must give the following caution to a suspect:

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      • Item icon Periods of detention without charge
        The detention clock The basic period of detention without charge is 24 hours. This time begins from when a person arrives at the police station and the custody sergeant authorises their detention. It is known as the relevant time. If a person becomes unwell while in custody and is taken to ...

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      • Item icon Outcomes
        Covid-19 has had a serious impact on the administration of justice. Court lists are even longer than before; cases are taking over 18 months to reach trial and charging decisions waiting for forensics results are taking longer due to backlogs at the laboratories. Therefore, when advising at a ...

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      • Item icon Letter to client no further police action
      • Item icon Letter to police requesting return of client's property
      • Item icon Letter to client released without charge following arrest
      • Item icon Letter to client bailed after being charged at police station
      • Item icon Letter to client charged but refused bail following arrest
      • Item icon Police bail and the custody sergeant
        If the client is charged at the police station, the custody sergeant will decide if the client is to be bailed to attend court or detained at the police station and produced at the magistrates’ court as soon as is practicable – which is normally the following day: s 46 of the Police and ...

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      • Item icon Letter to client following voluntary attendance at police station
      • Item icon Letter to client following arrest and release under investigation
      • Item icon Letter to client on bail following arrest
      • Item icon Letter to client bailed to return to police station following voluntary attendance
      • Item icon Letter to client released from police station following voluntary attendance
      • Item icon Letter to client bailed to return to the police station following arrest
      • Item icon Variation of police bail conditions
        A client who the police have bailed may have bail conditions, and occasionally an issue may arise where these conditions become impossible to adhere to or are too onerous, and the client wishes to have them varied. Often the client’s address changes, or a curfew prohibits their ability to go to ...

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      • Item icon Charge and remand
        If the custody sergeant refuses bail, the client must be produced before the magistrates’ court as soon as practicable, normally the next day. Bail can then be reconsidered at the first appearance hearing. The practitioner should confirm that the client wants to be represented in court and if so ...

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      • Folder icon Comment and no comment interviews
        • Item icon Enclosure - No comment interviews
        • Item icon Letter to client who did not follow advice to give no comment interview
        • Item icon Letter to client who did not follow advice to answer questions in interview
      • Item icon Legal Aid Agency Online Portal
      • Folder icon Finalising after police station
        • Item icon Letter to client after police caution
        • Item icon Letter to client after police caution at station
        • Item icon Letter to client no further police action
        • Item icon Letter to police requesting return of client's property
        • Item icon Letter to client finalising the matter
    • Folder icon B. Getting the matter underway
      • Item icon File cover sheet - Criminal
      • Item icon To do list - Criminal
      • Item icon First steps
      • Item icon Retainer instructions - Criminal
      • Item icon Glossary of terms in a criminal matter
      • Folder icon Compliance documents
        • Item icon Client Due Diligence and Anti-money Laundering Guidance
        • Item icon Client Details, Identity Verification and Source of Funds
        • Item icon Conflict of interest check
        • Item icon Client and matter risk assessment
        • Folder icon If required - Reporting an issue
          • Item icon Anti-money laundering internal disclosure
      • Item icon Professional conduct
        Solicitors are officers of the court and have a professional duty not to mislead the court knowingly. If a client reports they are not guilty, then those instructions are followed and the defence presented, whatever the practitioners thoughts may be regarding the strength of the evidence.

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      • Item icon Communication with other organisations in the criminal justice system
        Email The Criminal Justice Secure eMail system is used by the police, Crown Prosecution Service and courts to ensure confidentiality when dealing with sensitive information. This may be installed on a firm’s own server or be available as a web portal. Information which is restricted or sensitive ...

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      • Item icon First contact in the office
        Sometimes clients make first contact after they are charged or summonsed for an offence. If possible, try to meet the client before the first hearing and identify the type of charge, as this will determine the applicable procedure and, ultimately, the court that will deal with them. When a client ...

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      • Item icon Instructions
        Taking full instructions on the simplest plea should rarely take less than half an hour. The same applies to bail applications. Even if a client states they wish to plead guilty from the outset, no plea should be entered until the prosecution papers have been read and signed instructions taken. It ...

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      • Item icon Attendance note - Taking initial instructions
      • Item icon Attendance note - Conflict of interest check
      • Item icon Client risk assessment considerations
      • Item icon Bearer letter for access to prison
      • Item icon Initial File Review Form
      • Item icon Attendance note - Taking initial instructions
      • Item icon Funding
        During the initial meeting with the client, obtain sufficient instructions to advise them on funding for the case and make a legal aid application if available. If the client is privately funding their case, send the client a letter confirming the funding arrangement at the start of the retainer ...

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      • Item icon Engagement
        Following the initial conference with the client, confirm the engagement in writing. Use the Client Care and Terms of Business and appropriate engagement letter from the matter plan which confirms the relevant penalty for the offence, the advice given and the practical arrangements that have been, ...

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      • Item icon Plea considerations
        After consideration of the prosecution evidence and the client’s instructions, advise the client on the appropriate plea to each charge, making sure to reiterate that if they decide to plead guilty they will receive maximum credit for doing so at the earliest opportunity. When advising on a plea, ...

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      • Folder icon Library of initial letters to client
        • Item icon Initial letter to client - Criminal - General
        • Item icon Initial letter to client - Common assault
        • Item icon Initial letter to client - Controlling or coercive behaviour
        • Item icon Initial letter to client - Criminal damage
        • Item icon Initial letter to client - Drink driving
        • Item icon Initial letter to client - Fraud
        • Item icon Initial letter to client - Money laundering
        • Item icon Initial letter to client - Possession of Class A drugs
        • Item icon Initial letter to client - Possession of Class B drugs
        • Item icon Initial letter to client - Possession of Class C drugs
        • Item icon Initial letter to client - Rape
        • Item icon Initial letter to client - Robbery - Street and less sophisticated commercial
        • Item icon Initial letter to client - Wounding with intent
      • Folder icon Legal aid funding including client care and terms of business
        • Item icon Legal Aid Agency Online Portal
        • Item icon Attendance note - Completing Legal Aid application online
        • Item icon Client care information
        • Item icon Terms of business
        • Item icon Scope of work - Criminal
        • Item icon Enclosure - Legal aid for criminal cases
        • Item icon A summary of the criminal justice process
        • Item icon Historic DCA Rates and Areas
        • Item icon Continuation of questions Form CRM15C
        • Item icon Client's details form
        • Item icon Financial statement for Legal Aid in criminal proceedings
        • Item icon Application for Legal Aid in criminal proceedings
        • Item icon Applicant's declaration for online submissions
        • Item icon eForms Quick Guides CRM14 Post Submission Evidence form
        • Item icon Letter to client advising - Legal Aid granted
        • Item icon Attendance note - Blank general Legal Aid
        • Item icon Attendance note - Considering Notice of Grant of Legal Aid
      • Folder icon Privately funded matters including client care and terms of business
        • Item icon Client care information
        • Item icon Terms of business
        • Item icon Scope of work - Criminal
        • Item icon A summary of the criminal justice process
        • Item icon Client care and terms of business extensive - Criminal and motoring offences
        • Item icon Client care and terms of business concise with extensive on website - Criminal and motoring offences
        • Item icon Time and costs estimates
        • Folder icon If required - Letter to client varying the Client Care and Terms of Business
          • Item icon Letter to client varying the Client Care and Terms of Business
      • Folder icon If required - Personal data consent - General
        • Item icon Letter to client enclosing consent - General
        • Item icon Letter to third party enclosing consent - General
        • Item icon General letter enclosing client consent
        • Item icon General letter enclosing third party consent
        • Item icon Consent to provide information - General
        • Item icon Consent to provide information - General - Third party
      • Folder icon If required - Personal data consent - Health professional
        • Item icon Letter to client enclosing consent - Health professional
        • Item icon Letter to third party enclosing consent - Health professional
        • Item icon Letter to doctor enclosing client consent
        • Item icon Letter to doctor enclosing third party consent
        • Item icon Consent to provide information - Health professional
        • Item icon Consent to provide information - Health professional - Third party
      • Folder icon Library of additional criminal procedure forms
        • Folder icon Criminal Procedure Rules
          • Folder icon Guidance and Notes
            • Item icon Guidance notes on completing the Appellant’s notice
            • Item icon CrimPR 3 Preparation for trial in a Magistrates Court - notes for guidance
          • Item icon Application by defendant to vary or discharge a domestic abuse protection order
          • Item icon Application by protected person to vary or discharge a domestic abuse protection order
          • Item icon Application by defendant to vary or revoke a restraining order
          • Item icon Application by protected person to vary or revoke a restraining order
          • Item icon Case sent for trial or following indication of guilty plea in indictable only cases
          • Item icon Plea and Trial preparation hearing parties (PTPH) form - 1 defendant
          • Item icon Plea and Trial preparation hearing parties (PTPH) form - 2 - 5 defendants
          • Item icon Application notice (Pursuant to the Extradition Act 2003)
          • Item icon Respondent's notice
          • Item icon (CAO Form NG(SCPO)) Notice and grounds of appeal or application for permission to appeal
          • Item icon PTPH Defence certificate of readiness for trial
          • Item icon PTPH Prosecution certificate of readiness for trial
          • Item icon Recognizance of defendant's surety on appeal to the Supreme Court
          • Item icon Form of indictment
          • Item icon Application to magistrates' court to reconsider police bail
          • Item icon Notice of application for court to consider bail
          • Item icon Defendant's application or appeal to the Crown Court after magistrates' court bail decision
          • Item icon Defence statement
          • Item icon Defence witness notice
          • Item icon Defendant's application for prosecution disclosure
          • Item icon Statement of witness
          • Item icon Notice to defendant of proof by written witness statement
          • Item icon Application for a witness summons
          • Item icon Application for a witness summons - confidential information relating to another person
          • Item icon Application for a special measures direction
          • Item icon Application for a live link direction
          • Item icon Notice to introduce hearsay evidence
          • Item icon Application to exclude hearsay evidence following notice
          • Item icon Application to introduce evidence of a non-defendant's bad character
          • Item icon Notice objecting to evidence of a non-defendant's bad character
          • Item icon Notice to introduce evidence of a defendant's bad character
          • Item icon Application to exclude evidence of a defendant's bad character
          • Item icon Statutory declaration
          • Item icon Statutory declaration under s. 72(2) Road Traffic Offenders Act 1988
          • Item icon Statutory declaration under s. 73(2) Road Traffic Offenders Act 1988
          • Item icon Notice of appeal against recognition of foreign driving disqualification
          • Item icon Plea and Trial Preparation Hearing (PTPH) standard witness table
          • Item icon Preparation for effective trial in a Magistrates' Court
          • Item icon Application to vary or revoke, etc. a behaviour order
          • Item icon Application to the Crown Court from a magistrates' court - appeal against sentence
          • Item icon Notice abandoning an appeal
          • Item icon Application to magistrates' Court or Crown Court to state a case for an appeal to the High Court
          • Item icon (CAO Form NG Sentence) Notice and grounds of appeal or application for permission to appeal against sentence to the Court of Appeal Criminal Division
          • Item icon (CAO Form W) Notice of application for a witness order and (or) permission to call a witness
          • Item icon Recognizance of appellant's surety
          • Item icon Application by person with Legal Aid to change solicitor
          • Item icon Notice of application for a production order under POCA
          • Item icon Response to application for extension of pre-charge bail
          • Item icon Application for summons or warrant for arrest for alleged offence
          • Item icon (CAO Form NG Conviction) Notice and grounds of appeal or application for permission to appeal against a confiscation order to the Court of Appeal Criminal Division
          • Item icon Appeal to the Crown Court from a Magistrates' Court (including a Youth Court) - appeal against conviction or conviction and sentence
          • Item icon Appeal to the Crown Court from a Magistrates' Court
          • Item icon Statement of assets and other financial circumstances
      • Folder icon General deeds, agreements, statements, declarations, consents, and execution clauses
        • Item icon Deeds and agreements
        • Folder icon Deeds
          • Item icon Deed for general use
          • Item icon Deed of assignment of agreement
          • Item icon Deed of assignment of agreement with consent
          • Item icon Deed of assignment of an insurance policy
          • Item icon Deed of assignment of equitable interest in residential land
          • Item icon Deed of gift
          • Item icon Deed of guarantee
          • Item icon Deed of release
          • Item icon Deed of release and grant
          • Item icon General deed of indemnity
          • Folder icon Library of standard clauses for deeds
            • Item icon Amendment
            • Item icon Confidentiality
            • Item icon Confidentiality - Extensive
            • Item icon Costs
            • Item icon Counterparts
            • Item icon Dispute resolution
            • Item icon Events beyond control
            • Item icon Governing law and jurisdiction
            • Item icon Interpretation
            • Item icon No assignment
            • Item icon Notices
            • Item icon Severance
            • Item icon Third parties
            • Item icon Waiver
            • Item icon Whole agreement
        • Folder icon Agreements
          • Item icon Agreement for general use
          • Item icon Boundary agreement
          • Item icon Confidentiality agreement
          • Item icon Construction agreement
          • Item icon Heads of agreement
          • Folder icon Library of standard clauses for agreements
            • Item icon Amendment
            • Item icon Confidentiality
            • Item icon Confidentiality - Extensive
            • Item icon Costs
            • Item icon Counterparts
            • Item icon Dispute resolution
            • Item icon Events beyond control
            • Item icon Governing law and jurisdiction
            • Item icon Interpretation
            • Item icon No assignment
            • Item icon Notices
            • Item icon Severance
            • Item icon Third parties
            • Item icon Waiver
            • Item icon Whole agreement
        • Folder icon Statements and declarations
          • Item icon Statement of truth
          • Item icon Statement of truth - High Court
          • Item icon Statutory declaration
          • Item icon Statutory declaration of solvency
          • Item icon Affidavit - General
          • Item icon Exhibit sheet for affidavits - General
          • Item icon Witness statement - Family matters
          • Item icon Exhibit sheet to witness statement - Family matters
          • Item icon Witness statement - Civil matters
          • Item icon Exhibit sheet to witness statement - Civil matters
        • Folder icon Execution clauses
          • Item icon Execution clauses - Agreements and contracts
          • Item icon Execution clauses - Deeds
          • Item icon Execution clauses - Overseas companies
        • Folder icon Consents
          • Folder icon If required - Personal data consent - General
            • Item icon Letter to client enclosing consent - General
            • Item icon Letter to third party enclosing consent - General
            • Item icon General letter enclosing client consent
            • Item icon General letter enclosing third party consent
            • Item icon Consent to provide information - General
            • Item icon Consent to provide information - General - Third party
          • Folder icon If required - Personal data consent - Health professional
            • Item icon Letter to client enclosing consent - Health professional
            • Item icon Letter to third party enclosing consent - Health professional
            • Item icon Letter to doctor enclosing client consent
            • Item icon Letter to doctor enclosing third party consent
            • Item icon Consent to provide information - Health professional
            • Item icon Consent to provide information - Health professional - Third party
          • Folder icon Change of name
            • Item icon Change of name deed for an adult - Concise
            • Item icon Change of name deed for a minor - Concise
            • Folder icon If required - Enrolment by an adult
              • Item icon Change of name deed for an adult - For enrolment
              • Item icon Statutory declaration - Enrolment of adult change of name deed
              • Item icon Notice for the London Gazette on the change of name of an adult
              • Item icon Consent to enrolment of change of name of an adult
            • Folder icon If required - Enrolment by a minor
              • Item icon Change of name deed for a minor - For enrolment
              • Item icon Statutory declaration - Enrolment of minor change of name deed
              • Item icon Affidavit of best interest for the change of name of a minor
              • Item icon Consent to enrolment of change of name of a minor
    • Folder icon C. Going to court
      • Item icon Going to court
        Preparing for court hearings Court hearings can be daunting for the client. They will likely feel nervous and vulnerable. Attending a client at court can also be an anxious experience for an advocate who does not regularly attend court. This is why preparing before the hearing is important, as this ...

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      • Item icon Practitioner preparation
        It is always best to be familiar with the basics the night before the hearing, such as:

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      • Item icon Client preparation
        At court Many clients will not have had any experience of the court process other than perhaps watching a court drama on television and, as such, will understandably be nervous about the prospect. The thought of being in court and giving live evidence can be daunting, so it is important to provide ...

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      • Item icon Case management rules
        Under Part 3 of The Criminal Procedure Rules, a court has explicit powers to manage the progression of criminal cases and a duty to manage criminal cases effectively. See R v Chaaban [2003] EWCA Crim 1012 and R v Jisl [2004] EWCA Crim 696. Part 3 provides that the court must actively ...

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      • Folder icon If required - Bail in the magistrates' court
        • Item icon Bail in the magistrates’ court
          Bail is a temporary release from police custody coupled with a duty to surrender to court at a future specified date and time. After being charged at the police station, bail may be granted unconditionally or with certain conditions attached – for example, not to contact any prosecution witnesses ...

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        • Item icon Retainer instructions - Criminal - Bail application
        • Item icon Application for advocacy assistance
        • Folder icon If required - Client in prison
          • Item icon Bearer letter for access to prison
          • Item icon Letter to client in prison regarding bail hearing date
        • Item icon Initial letter to person standing surety or security for bail
        • Item icon Second letter to person standing surety or security advising of bail hearing date
        • Item icon Letter to counsel with instructions for initial bail hearing
        • Item icon Notice of application for court to consider bail
        • Item icon Defendant's application or appeal to the Crown Court after magistrates' court bail decision
        • Item icon Letter to court enclosing bail application
        • Item icon Letter to CPS enclosing bail application
        • Item icon Letter to OIC requesting notice of any change in client's bail return date
        • Item icon Letter to client after successful bail application
        • Item icon Letter to client in prison after unsuccessful bail application
        • Item icon Letter to client - Failed to attend court and warrant issued without bail
        • Item icon Letter to client - Failed to attend court and warrant issued with bail
        • Item icon Letter to client confirming variation of bail conditions
        • Item icon Letter to client giving notice of refusal of variation of bail conditions
    • Folder icon D. Magistrates' court case preparation
      • Item icon Overview
        All criminal matters in England and Wales, regardless of their seriousness, commence in the magistrates’ court. However, some cases are sent to the jurisdiction of the Crown Court for trial. Many advocates regularly appear in the magistrates’ court with an ever-increasing number obtaining higher ...

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      • Item icon Letter to client advising court date
      • Item icon CrimPR 3 Plea & Trial Preparation Hearing (PTPH) introduction and guidance notes
      • Item icon CrimPR 3 Preparation for Trial in a Magistrates Court - Notes for guidance
      • Item icon Letter to client asking them to make an appointment for detailed instructions
      • Item icon Letter to client with final reminder of appointment
      • Item icon Letter to client after missed appointment
      • Item icon Letter to client when the prosecution has applied for a criminal behaviour order
      • Item icon Better case management in the magistrates’ court
        Case management in the magistrates’ court and the Crown Court is governed by Part 3 of The Criminal Procedure Rules 2020 and adherence to Better Case Management (BCM) principles.

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      • Item icon Preparation for effective trial in a Magistrates' Court
      • Item icon Defence witness notice
      • Item icon Appointed Intermediary Services – Attendance booking form witness notice
      • Item icon Letter to court - Case management confirmation
      • Item icon Letter to CPS enclosing case management form
      • Item icon Attendance note - Magistrates' court
      • Item icon Attendance note - Consideration of case management form
      • Item icon Attendance note - Preparing case management form
      • Item icon Taking instructions and preparing a proof of evidence
        Arranging the appointment The starting point for good trial preparation is taking the client’s full instructions and drafting a proof of evidence. After the first appearance hearing, write to the client to arrange an appointment to take their detailed instructions and enclose a copy of the ...

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      • Item icon Client's written instructions
      • Item icon Proof of evidence
      • Item icon Letter to client sending proof
      • Item icon Attendance note - Taking full instructions
      • Item icon Attendance note - Preparation of proof
      • Item icon Attendance note - Considering amended proof
      • Item icon Letter enclosing written statement under s 9 of the Criminal Justice Act 1967
      • Item icon Letter enclosing defence admission under s 10 of the Criminal Justice Act 1967
      • Item icon Clause - Defence admission under s 10 of the Criminal Justice Act 1967
      • Folder icon If required - Pleading guilty
        • Item icon Basis of plea
      • Folder icon If required - Changing plea
        • Item icon Letter to client acknowledging intention to change plea
        • Item icon Letter to CPS giving notice of client’s intention to change plea
        • Item icon Reduction in sentence for a guilty plea - Sentencing Council
        • Item icon Written instructions to plead guilty
        • Item icon Character reference information sheet
        • Item icon Attendance note - Advice on plea
        • Item icon Enclosure - Credit for guilty plea explained
        • Item icon Attendance note - Preparing basis of plea
      • Item icon First appearance hearing
        All criminal proceedings, regardless of their seriousness, commence in the magistrates’ court. The first hearing in the magistrates’ court is the first appearance hearing. Before arrival at court use the Criminal Justice Secure Email to email the prosecution for papers. If this is done before ...

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      • Item icon Letter to client enclosing court information sheet
      • Item icon Enclosure - Checklist for client going to court
      • Item icon Enclosure - Information sheet - Magistrates' court process
      • Item icon Sentencing in the magistrates’ court
        When preparing for a sentence hearing consider the magistrates’ court Sentencing Guidelines and Sentencing Act 2020 beforehand to ensure familiarity with any aggravating features of the client’s offence. The By Lawyers Criminal Offence app will also assist. As a matter of professional courtesy, any ...

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      • Item icon Statement of assets and other financial circumstances
      • Item icon Committal for sentence
        Committal for sentence is dealt with by ss 3 to 7 of the Powers of Criminal Courts (Sentencing) Act 2000. Where the defendant has indicated a guilty plea to an either-way offence, the magistrates’ court will hear the full facts of the case and any mitigation. The court will then consider the ...

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      • Item icon The Criminal Procedure Rules 2020 – Part 9 Allocation and sending for trial
      • Item icon Case plan - Magistrates' and Crown courts
      • Item icon Letter to client requesting evidence
      • Item icon Letter to potential alibi witness
      • Item icon Letter to potential witness
      • Item icon Statement of witness
      • Item icon Letter to police requesting interview tape
      • Item icon Letter to court requesting interpreter for proceedings
      • Item icon Disclosure
        Before seeing the client, speak to the police officer in charge of the client’s case to obtain disclosure. Disclosure is a brief outline of the circumstances of the offence. If it is provided in written form, it should be attached to the Police Station Attendance Record form. If the officer in ...

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      • Item icon Family proceedings disclosure
        Documents from family court proceedings may be needed in criminal cases. For example:

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      • Item icon Letter to CPS requesting CCTV
      • Item icon Letter to CPS requesting disclosure
      • Item icon Letter to CPS requesting client's antecedents
      • Item icon Attendance note - Considering advance information
      • Item icon Letter to CPS requesting initial details of prosecution case
      • Item icon Letter to CPS requesting interview DVD
      • Item icon Attendance note - Considering custody record
      • Item icon Attendance note - Considering client's previous convictions
      • Item icon Attendance note - Considering police station notes
      • Folder icon If required - Briefing counsel
        • Item icon Briefing counsel
          As soon as a case has been sent to the Crown Court, identify the advocate who will conduct the trial. They should be, briefed and invited to join the case on the Crown Court system. Historically the majority of advocacy work undertaken in the Crown Court was carried out by independent members of ...

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        • Item icon Brief to counsel - Criminal matters
        • Item icon Letter to counsel enclosing brief
        • Item icon Attendance note - Brief to counsel
        • Item icon Letter to client advising a barrister has been instructed
      • Item icon Attendance note - Reading prosecution papers
      • Folder icon If required - Defence case statement
        • Item icon Defence case statement in the magistrates’ court
          The client’s signed proof of evidence is used to draft a defence case statement. Service of a defence case statement is not mandatory in the magistrates’ court and no adverse inferences can be drawn from a failure to do so. However, one must be served if additional disclosure is required from the ...

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        • Item icon Defence statement
        • Item icon Letter to client explaining defence case statement in magistrates' court
        • Item icon Letter to client enclosing defence case statement for magistrates' court
        • Item icon Letter to CPS enclosing defence case statement
        • Item icon Attendance note - Preparation of defence case statement
        • Item icon Attendance note - Client conference regarding defence case statement
        • Item icon Section 8 applications – Applying for further disclosure
          Following service of the defence case statement , if the prosecution inadequately responds to disclosure requests, or fails to respond at all, application may be made under s 8 of the Criminal Procedure and Investigations Act 1996 for further disclosure. A copy of the grounds of the ...

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      • Item icon Letter to client outlining strengths and weaknesses of the case
      • Item icon Letter to CPS failure to comply with directions
      • Item icon Letter to CPS failure to provide disclosure
      • Item icon Letter to court to list for mention
      • Item icon Letter to witness with instructions for court attendance
      • Item icon Letter to court advising witnesses to be called
      • Item icon Letter to CPS advising witnesses to be called
      • Item icon Letter to CPS confirming plea and case management hearing directions
    • Folder icon E. Appeals from the magistrates' court
      • Item icon Appeals from the magistrates’ court
        A defendant convicted at the magistrates’ court can appeal their conviction and sentence to the Crown Court, however a defendant who pleads guilty can only appeal against sentence: s 108 Magistrates’ Court Act 1980 and Part 34 of The Criminal Procedure Rules 2020. Appeal to the Crown Court is not ...

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      • Item icon Application to the Crown Court from a magistrates' court - appeal against sentence
      • Item icon Appeal to the Crown Court from a Magistrates' Court (including a Youth Court) - appeal against conviction or conviction and sentence
      • Item icon Letter to magistrates' court enclosing appeal notice
      • Item icon Attendance note - Appeal to Crown Court
      • Item icon Appeal by way of case stated
        Magistrates are lay people and, accordingly, do not have the lengthy legal education and practical experience that judicially appointed judges have. They are assisted in court by a justices' legal clerk who advise the bench on legal issues. The justices' clerk does not advise on matters such as ...

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      • Item icon Appellant's notice (all appeals except small claims track appeals and appeals to the Family Division of the High Court)
      • Folder icon Appeal by way of case stated
        • Item icon Respondent's notice
        • Item icon Skeleton arguments
      • Item icon Judicial review in criminal matters
        Judicial review in criminal matters is like an appeal by way of case stated, in that the challenge is against the lawfulness of jurisdiction of the court in making its decision. The significant difference is that a judicial review claim can be made during proceedings to challenge part of the ...

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      • Folder icon Judicial review
        • Item icon Judicial review (claim form)
        • Item icon Judicial review application for urgent consideration
        • Item icon Certificate of service
        • Item icon Application notice
        • Item icon Notice of discontinuance
        • Item icon Judicial review – Acknowledgment of Service Form N462
    • Folder icon F. Court evidence generally
      • Folder icon Notice of additional evidence
        • Item icon Consideration of additional evidence
          Send a copy of the additional statements to the client and ask them to make a time to come in to discuss and provide further instructions. Before the appointment, review the evidence and consider its significance in relation to the evidence in the case overall and the instructions already received. ...

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        • Item icon Letter to court - Position on notice of additional evidence
        • Item icon Letter to client regarding notice of additional evidence
        • Item icon Letter to CPS acknowledging notice of additional evidence
        • Item icon Attendance note - Instructions on notice of additional evidence
        • Item icon Attendance note - Considering additional evidence
        • Item icon Letter to court giving notice of intention to rely on the opinion of an expert
        • Item icon Instructions to expert witness
      • Folder icon Admissions
        • Item icon Letter to CPS enclosing proposed admissions
        • Item icon Attendance note - Considering prosecution admissions
        • Item icon Attendance note - Admissions
      • Folder icon Interviews
        • Item icon Interviews
          The defendant's interview will be summarised as part of the initial details of the prosecution case (IDPC) pack. The prosecution will not provide a transcript of the interview. If instructed to disagree with the summary, inform the prosecution which parts are not accepted and what aspects need to ...

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        • Item icon Letter to police requesting interview recording
        • Item icon Letter to CPS requesting interview recording
        • Item icon Attendance note - Reviewing interview
        • Item icon Letter to CPS agreeing to interview summary
        • Item icon Letter to CPS enclosing interview edits
        • Item icon Letter to CPS objecting to interview summary
      • Folder icon CCTV
        • Item icon CCTV evidence
          Closed-circuit television (CCTV) evidence at trial is very common. It can take the form of public or private security cameras or body camera footage from a police officer involved in the case. For the prosecution to rely on the footage, a continuity statement exhibiting the footage itself is ...

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        • Item icon Letter to CPS requesting CCTV footage
        • Item icon Letter to CPS acknowledging receipt of CCTV footage
        • Item icon Letter to client following receipt of CCTV footage
        • Item icon Letter to court asking for DVD player at trial
        • Item icon Letter to CPS indicating CCTV footage will be used
        • Item icon Attendance note - Considering CCTV footage with client
        • Item icon Attendance note - Considering CCTV footage without client
      • Folder icon Hearsay
        • Item icon Hearsay
          Hearsay is a definition of a particular type of evidence. The simplest example of hearsay is someone giving evidence of what they were told rather than what they witnessed. This can be a very complex area of law. This guide deals only with the basics. The law regarding admissibility of hearsay ...

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        • Item icon Application to exclude hearsay evidence following notice
        • Item icon Notice to introduce hearsay evidence
        • Item icon Letter to court enclosing objection to hearsay
        • Item icon Letter to CPS enclosing objection to hearsay
        • Item icon Letter to CPS acknowledging hearsay application
        • Item icon Attendance note - Objection to hearsay
        • Item icon Attendance note - Consideration of hearsay notice
      • Folder icon Defence witnesses
        • Item icon Defence witnesses
          The defendant is entitled to call witnesses in support of their defence including expert witnesses such as doctors, accident reconstruction experts and scientists. Wherever the evidence comes from it should be gathered as quickly as possible after the not guilty plea has been entered.

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        • Item icon Letter to potential alibi witness
        • Item icon Letter to potential witness
        • Item icon Statement of witness
        • Item icon Letter to witness enclosing statement
        • Item icon Letter to court defence witness details
        • Item icon Letter to CPS advising defence witness details
        • Item icon Letter to counsel enclosing defence witness statements
        • Item icon If required - Letter to CPS serving defence witness statement
        • Item icon Defence witness notice
        • Item icon Witness statements - Criminal Procedure Rules - Part 16
        • Item icon Attendance note - Preparation of witness statement
        • Item icon Attendance note - Defence witness
      • Folder icon Bad character
        • Item icon Bad character
          Provisions relating to the admissibility of bad character evidence are set out in ss 98 to 113 of the Criminal Justice Act 2003. Bad character in criminal proceedings means evidence of, or a disposition towards, misconduct: s 98. Misconduct for this purpose means committing an offence or ...

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        • Item icon Application to exclude evidence of a defendant's bad character
        • Item icon Application to introduce evidence of a non-defendant's bad character
        • Item icon Notice to introduce evidence of a defendant's bad character
        • Item icon Letter to court enclosing notice of opposition to bad character application
        • Item icon Letter to CPS enclosing notice of opposition to bad character application
        • Item icon Letter to CPS acknowledging bad character application
        • Item icon Letter to court - Non-defendant application
        • Item icon Letter to CPS enclosing non-defendant application
        • Item icon Criminal Procedure Rules (2020) Part 21
        • Item icon Attendance note - Consideration of bad character application
        • Item icon Attendance note - Opposition to bad character application
        • Item icon Attendance note - Non-defendant bad character application
      • Folder icon Unused material
        • Item icon Unused material
          Unused material is any material which will not form part of the prosecution case at trial. Although the prosecution may have decided not to use it themselves, they have a duty to serve it on the defence even where it may assist the defence or undermine the prosecution’s own case. The material ...

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        • Item icon Letter to CPS requesting unused material
        • Item icon Letter to CPS - Unused schedule not received
        • Item icon Letter to CPS acknowledging receipt of unused schedule
        • Item icon Criminal Practice Directions - Disclosure
        • Item icon The Criminal Procedure Rules (2020) - Part 15
        • Item icon The Criminal Procedure Rules (2020) - Part 21
        • Item icon Code of Practice
        • Item icon Attendance note - Considering unused schedule
    • Folder icon G. Trial preparation
      • Item icon Preparing for the trial in the magistrates’ court
        On the day of the trial the prosecutor is likely to have multiple cases to deal with and may have only had access to the case papers the night before, with no previous involvement with the case. The prosecutor will be underprepared and under pressure; therefore, good trial preparation can put the ...

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      • Item icon Letter to client enclosing court information sheet
      • Item icon Enclosure - Information sheet - Magistrates' court process
      • Item icon To do list - Trial preparation
      • Item icon Reduction in sentence for guilty plea: Definitive guide
      • Item icon Letter to court asking for DVD player at trial
      • Item icon Letter to CPS - Witnesses required or not required
      • Item icon Letter to client informing of trial date
      • Item icon Enclosure - Checklist for client going to court
      • Item icon Character reference information sheet
      • Item icon Letter to defence witness informing of trial date
      • Item icon Attendance note - Preparation for trial
      • Item icon Attendance note - Additional preparation for trial
      • Item icon Attendance note - Preparation for adjourned trial
      • Item icon Attendance note - Pre-trial advice on plea
      • Folder icon Library of additional criminal procedure forms
        • Folder icon Criminal Procedure Rules
          • Folder icon Guidance and Notes
            • Item icon Guidance notes on completing the Appellant’s notice
            • Item icon CrimPR 3 Preparation for trial in a Magistrates Court - notes for guidance
          • Item icon Application by defendant to vary or discharge a domestic abuse protection order
          • Item icon Application by protected person to vary or discharge a domestic abuse protection order
          • Item icon Application by defendant to vary or revoke a restraining order
          • Item icon Application by protected person to vary or revoke a restraining order
          • Item icon Case sent for trial or following indication of guilty plea in indictable only cases
          • Item icon Plea and Trial preparation hearing parties (PTPH) form - 1 defendant
          • Item icon Plea and Trial preparation hearing parties (PTPH) form - 2 - 5 defendants
          • Item icon Application notice (Pursuant to the Extradition Act 2003)
          • Item icon Respondent's notice
          • Item icon (CAO Form NG(SCPO)) Notice and grounds of appeal or application for permission to appeal
          • Item icon PTPH Defence certificate of readiness for trial
          • Item icon PTPH Prosecution certificate of readiness for trial
          • Item icon Recognizance of defendant's surety on appeal to the Supreme Court
          • Item icon Form of indictment
          • Item icon Application to magistrates' court to reconsider police bail
          • Item icon Notice of application for court to consider bail
          • Item icon Defendant's application or appeal to the Crown Court after magistrates' court bail decision
          • Item icon Defence statement
          • Item icon Defence witness notice
          • Item icon Defendant's application for prosecution disclosure
          • Item icon Statement of witness
          • Item icon Notice to defendant of proof by written witness statement
          • Item icon Application for a witness summons
          • Item icon Application for a witness summons - confidential information relating to another person
          • Item icon Application for a special measures direction
          • Item icon Application for a live link direction
          • Item icon Notice to introduce hearsay evidence
          • Item icon Application to exclude hearsay evidence following notice
          • Item icon Application to introduce evidence of a non-defendant's bad character
          • Item icon Notice objecting to evidence of a non-defendant's bad character
          • Item icon Notice to introduce evidence of a defendant's bad character
          • Item icon Application to exclude evidence of a defendant's bad character
          • Item icon Statutory declaration
          • Item icon Statutory declaration under s. 72(2) Road Traffic Offenders Act 1988
          • Item icon Statutory declaration under s. 73(2) Road Traffic Offenders Act 1988
          • Item icon Notice of appeal against recognition of foreign driving disqualification
          • Item icon Plea and Trial Preparation Hearing (PTPH) standard witness table
          • Item icon Preparation for effective trial in a Magistrates' Court
          • Item icon Application to vary or revoke, etc. a behaviour order
          • Item icon Application to the Crown Court from a magistrates' court - appeal against sentence
          • Item icon Notice abandoning an appeal
          • Item icon Application to magistrates' Court or Crown Court to state a case for an appeal to the High Court
          • Item icon (CAO Form NG Sentence) Notice and grounds of appeal or application for permission to appeal against sentence to the Court of Appeal Criminal Division
          • Item icon (CAO Form W) Notice of application for a witness order and (or) permission to call a witness
          • Item icon Recognizance of appellant's surety
          • Item icon Application by person with Legal Aid to change solicitor
          • Item icon Notice of application for a production order under POCA
          • Item icon Response to application for extension of pre-charge bail
          • Item icon Application for summons or warrant for arrest for alleged offence
          • Item icon (CAO Form NG Conviction) Notice and grounds of appeal or application for permission to appeal against a confiscation order to the Court of Appeal Criminal Division
          • Item icon Appeal to the Crown Court from a Magistrates' Court (including a Youth Court) - appeal against conviction or conviction and sentence
          • Item icon Appeal to the Crown Court from a Magistrates' Court
          • Item icon Statement of assets and other financial circumstances
    • Folder icon H. Finalising the matter
      • Item icon Finalising the matter
        The finalisation of a criminal matter should be a 2-stage process.

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      • Item icon Legal Aid Agency Online Portal
      • Folder icon Finalising after police station
        • Item icon Letter to client after police caution
        • Item icon Letter to client after police caution at station
        • Item icon Letter to client no further police action
        • Item icon Letter to police requesting return of client's property
        • Item icon Letter to client finalising the matter
      • Folder icon Finalising after court proceedings
        • Item icon Letter to client found not guilty
        • Item icon Letter to client found guilty but yet not sentenced
        • Item icon Letter to client following sentencing in the magistrates' court - General
        • Item icon Letter to client following sentence - Bind over order
        • Item icon Letter to client following sentence - CRO and probation order
        • Item icon Letter to client following sentence - Non custodial various options
        • Folder icon Case dismissed for privately funded clients
          • Item icon Case dismissed for privately funded clients
            If the case is dismissed and the client was privately funding their case, an application can be made at the end of the proceedings for costs from Central Funds to be taxed. The court will provide an order confirming this. If the claim for legal work is for less than £2,000 use the form DC01: DCO ...

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          • Item icon DCO Magistrates Court Fastrack
          • Item icon DCO Magistrates Court non-Fastrack
          • Item icon Application for legal costs from central funds (5911)
      • Item icon Letter to client finalising the matter
      • Item icon Example invoice
      • Item icon Invoice recital - Criminal - Police investigation - No charges
      • Item icon Invoice recital - Criminal - Not-guilty plea
      • Item icon Invoice recital - Criminal - Guilty plea
      • Item icon Enclosure - Explaining the bill
      • Item icon Closing the file
      • Item icon File closing checklist
      • Item icon File review form - General
  • Folder icon Going up to the Crown Court
    • Folder icon A. Updating the matter
      • Item icon File review form
      • Item icon Legal Aid Agency Online Portal
      • Item icon Briefing counsel
        As soon as a case has been sent to the Crown Court, identify the advocate who will conduct the trial. They should be, briefed and invited to join the case on the Crown Court system. Historically the majority of advocacy work undertaken in the Crown Court was carried out by independent members of ...

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      • Item icon Brief to counsel - Criminal matters
      • Item icon Letter to counsel enclosing brief
      • Item icon Letter to counsel - Documents available on the CCDS
      • Item icon Attendance note - Brief to counsel
    • Folder icon B. If required - Bail in Crown Court
      • Item icon Bail in the Crown Court
        As a general rule the bail status of a defendant should remain the same throughout the life of a case, however a client must always be advised that, if they breach their bail conditions or fail to attend court on time, they will commit a separate offence under the Bail Act 1976 which could result ...

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      • Item icon Notice of application for court to consider bail
      • Item icon Form Crown Court Bail Application
      • Item icon Letter to Crown Court enclosing notice of bail application
      • Item icon Letter to CPS enclosing notice of bail application in Crown Court
      • Item icon Letter to Crown Court enclosing bail application
      • Item icon Letter to counsel enclosing bail application in Crown Court
      • Item icon Letter to client confirming variation of bail conditions
      • Item icon Letter to client giving notice of refusal of variation of bail conditions
      • Folder icon Library of Crown Court legal aid forms
        • Item icon Offline (interim litigator fee claim)
        • Item icon Offline (graduated fee claim)
        • Item icon Proceeds of Crime Act Fastrack claim form PL1
    • Folder icon C. Crown court case management
      • Item icon Crown Court appeals
        Under s 1 of the Criminal Appeal Act 1968 a person convicted of an offence in the Crown Court can appeal against their conviction or sentence to the Court of Appeal if they pleaded not guilty. If they pleaded guilty, they can only appeal their sentence and only with leave. To appeal there must ...

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      • Item icon Letter to CPS advising case progression officer
      • Item icon Letter to counsel - Documents available on the CCDS
      • Item icon Letter to client confirming outcome of case management hearing
      • Item icon Letter to CPS confirming outcome of case management hearing
      • Item icon Letter to court confirming outcome of case management hearing
      • Item icon Crown Court Digital Case System Guidance
    • Folder icon D. Crown court case preparation
      • Item icon Crown Court case preparation
        After service of the Crown’s case, counsel can be asked to advise on the strength of the evidence. This is particularly helpful in cases that require the analysis of complex evidence such as financial records or cell cite material. These instructions should be given to counsel as soon as possible, ...

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      • Item icon Briefing counsel
        As soon as a case has been sent to the Crown Court, identify the advocate who will conduct the trial. They should be, briefed and invited to join the case on the Crown Court system. Historically the majority of advocacy work undertaken in the Crown Court was carried out by independent members of ...

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      • Item icon Letter to client in prison - Warned List
      • Item icon Letter to client - Warned List
      • Item icon Defence witnesses
        The defendant is entitled to call witnesses in support of their defence including expert witnesses such as doctors, accident reconstruction experts and scientists. Wherever the evidence comes from it should be gathered as quickly as possible after the not guilty plea has been entered.

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      • Item icon Statement of witness
      • Item icon Defence witness notice
      • Item icon Defence statement
      • Item icon Plea and Trial preparation hearing parties (PTPH) form - 1 defendant
      • Item icon Letter to client following plea and trial preparation hearing
      • Item icon Letter to court applying to vacate a guilty plea
      • Item icon Letter to CPS giving notice of application to vacate guilty plea
      • Item icon Application to change trial or other contested hearing date
      • Item icon Letter to client advising case has been removed from the list
      • Item icon Letter to witness advising case has been removed from the list
      • Item icon Letter to client advising a barrister has been instructed
      • Item icon Letter to client after missed appointment
      • Item icon Letter to client when the prosecution has applied for a criminal behaviour order
      • Folder icon Defence case statement
        • Item icon Taking instructions and preparing a proof of evidence
          Arranging the appointment The starting point for good trial preparation is taking the client’s full instructions and drafting a proof of evidence. After the first appearance hearing, write to the client to arrange an appointment to take their detailed instructions and enclose a copy of the ...

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        • Item icon Defence case statements in the Crown Court
          Service of a defence case statement (DCS) is mandatory in the Crown Court. If one is not served, the prosecution could argue for an adverse inference to be drawn on one or both of the following bases:

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        • Item icon Defence statement
        • Item icon Letter to CPS enclosing defence case statement in Crown Court
        • Item icon Letter to client explaining defence case statement for Crown Court
        • Item icon Letter to client enclosing defence case statement for Crown Court
        • Item icon Attendance note - Client conference regarding defence case statement - Crown Court
        • Item icon Attendance note - Preparation of defence case statement - Crown Court
        • Item icon Disclosure in the Crown Court
          See also Disclosure under Going to court. The Criminal Procedure and Investigations Act 1996,(CPIA) is a key piece of legislation regulating disclosure in criminal cases as it puts strict rules on the prosecution and the defence. Be aware that the regulations of the CPIA 1996 are also supplemented ...

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        • Item icon Section 8 applications – Applying for further disclosure
          Following service of the defence case statement , if the prosecution inadequately responds to disclosure requests, or fails to respond at all, application may be made under s 8 of the Criminal Procedure and Investigations Act 1996 for further disclosure. A copy of the grounds of the ...

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    • Folder icon E. Court evidence generally
      • Folder icon Notice of additional evidence
        • Item icon Consideration of additional evidence
          Send a copy of the additional statements to the client and ask them to make a time to come in to discuss and provide further instructions. Before the appointment, review the evidence and consider its significance in relation to the evidence in the case overall and the instructions already received. ...

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        • Item icon Letter to court - Position on notice of additional evidence
        • Item icon Letter to client regarding notice of additional evidence
        • Item icon Letter to CPS acknowledging notice of additional evidence
        • Item icon Attendance note - Instructions on notice of additional evidence
        • Item icon Attendance note - Considering additional evidence
        • Item icon Letter to court giving notice of intention to rely on the opinion of an expert
        • Item icon Instructions to expert witness
      • Folder icon Admissions
        • Item icon Letter to CPS enclosing proposed admissions
        • Item icon Attendance note - Considering prosecution admissions
        • Item icon Attendance note - Admissions
      • Folder icon Interviews
        • Item icon Interviews
          The defendant's interview will be summarised as part of the initial details of the prosecution case (IDPC) pack. The prosecution will not provide a transcript of the interview. If instructed to disagree with the summary, inform the prosecution which parts are not accepted and what aspects need to ...

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        • Item icon Letter to police requesting interview recording
        • Item icon Letter to CPS requesting interview recording
        • Item icon Attendance note - Reviewing interview
        • Item icon Letter to CPS agreeing to interview summary
        • Item icon Letter to CPS enclosing interview edits
        • Item icon Letter to CPS objecting to interview summary
      • Folder icon CCTV
        • Item icon CCTV evidence
          Closed-circuit television (CCTV) evidence at trial is very common. It can take the form of public or private security cameras or body camera footage from a police officer involved in the case. For the prosecution to rely on the footage, a continuity statement exhibiting the footage itself is ...

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        • Item icon Letter to CPS requesting CCTV footage
        • Item icon Letter to CPS acknowledging receipt of CCTV footage
        • Item icon Letter to client following receipt of CCTV footage
        • Item icon Letter to court asking for DVD player at trial
        • Item icon Letter to CPS indicating CCTV footage will be used
        • Item icon Attendance note - Considering CCTV footage with client
        • Item icon Attendance note - Considering CCTV footage without client
      • Folder icon Hearsay
        • Item icon Hearsay
          Hearsay is a definition of a particular type of evidence. The simplest example of hearsay is someone giving evidence of what they were told rather than what they witnessed. This can be a very complex area of law. This guide deals only with the basics. The law regarding admissibility of hearsay ...

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        • Item icon Application to exclude hearsay evidence following notice
        • Item icon Notice to introduce hearsay evidence
        • Item icon Letter to court enclosing objection to hearsay
        • Item icon Letter to CPS enclosing objection to hearsay
        • Item icon Letter to CPS acknowledging hearsay application
        • Item icon Attendance note - Objection to hearsay
        • Item icon Attendance note - Consideration of hearsay notice
      • Folder icon Defence witnesses
        • Item icon Defence witnesses
          The defendant is entitled to call witnesses in support of their defence including expert witnesses such as doctors, accident reconstruction experts and scientists. Wherever the evidence comes from it should be gathered as quickly as possible after the not guilty plea has been entered.

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        • Item icon Letter to potential alibi witness
        • Item icon Letter to potential witness
        • Item icon Statement of witness
        • Item icon Letter to witness enclosing statement
        • Item icon Letter to court defence witness details
        • Item icon Letter to CPS advising defence witness details
        • Item icon Letter to counsel enclosing defence witness statements
        • Item icon If required - Letter to CPS serving defence witness statement
        • Item icon Defence witness notice
        • Item icon Witness statements - Criminal Procedure Rules - Part 16
        • Item icon Attendance note - Preparation of witness statement
        • Item icon Attendance note - Defence witness
      • Folder icon Bad character
        • Item icon Bad character
          Provisions relating to the admissibility of bad character evidence are set out in ss 98 to 113 of the Criminal Justice Act 2003. Bad character in criminal proceedings means evidence of, or a disposition towards, misconduct: s 98. Misconduct for this purpose means committing an offence or ...

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        • Item icon Application to exclude evidence of a defendant's bad character
        • Item icon Application to introduce evidence of a non-defendant's bad character
        • Item icon Notice to introduce evidence of a defendant's bad character
        • Item icon Letter to court enclosing notice of opposition to bad character application
        • Item icon Letter to CPS enclosing notice of opposition to bad character application
        • Item icon Letter to CPS acknowledging bad character application
        • Item icon Letter to court - Non-defendant application
        • Item icon Letter to CPS enclosing non-defendant application
        • Item icon Criminal Procedure Rules (2020) Part 21
        • Item icon Attendance note - Consideration of bad character application
        • Item icon Attendance note - Opposition to bad character application
        • Item icon Attendance note - Non-defendant bad character application
      • Folder icon Unused material
        • Item icon Unused material
          Unused material is any material which will not form part of the prosecution case at trial. Although the prosecution may have decided not to use it themselves, they have a duty to serve it on the defence even where it may assist the defence or undermine the prosecution’s own case. The material ...

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        • Item icon Letter to CPS requesting unused material
        • Item icon Letter to CPS - Unused schedule not received
        • Item icon Letter to CPS acknowledging receipt of unused schedule
        • Item icon Criminal Practice Directions - Disclosure
        • Item icon The Criminal Procedure Rules (2020) - Part 15
        • Item icon The Criminal Procedure Rules (2020) - Part 21
        • Item icon Code of Practice
        • Item icon Attendance note - Considering unused schedule
    • Folder icon F. Trial preparation
      • Item icon Preparing for the trial in the Crown Court
        It is essential to prepare properly for a trial in the Crown Court. Even in the Crown Court, prosecutors have an enormous workload and rarely have adequate time to prepare for trials fully. Being well organised and fully prepared can give the defence a considerable advantage in trials from the ...

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      • Item icon To do list - Trial preparation
      • Item icon Plea and Trial preparation hearing parties (PTPH) form - 1 defendant
      • Folder icon If required - Changing plea
        • Item icon Letter to client acknowledging intention to change plea
        • Item icon Letter to CPS giving notice of client’s intention to change plea
      • Item icon Reduction in Sentence for guilty plea: Definitive Guide
      • Item icon Letter to court asking for DVD player at trial
      • Item icon Letter to CPS - Witnesses required or not required
      • Item icon Letter to client informing of trial date
      • Item icon Letter to client enclosing court information sheet
      • Item icon Enclosure - Checklist for client going to court
      • Item icon Enclosure - Information sheet - Crown Court process
      • Item icon Enclosure - Credit for guilty plea explained
      • Item icon Character reference information sheet
      • Item icon Letter to defence witness informing of trial date
      • Item icon Attendance note - Preparation for trial
      • Item icon Attendance note - Additional preparation for trial
      • Item icon Attendance note - Preparation for adjourned trial
      • Item icon Attendance note - Pre-trial advice on plea
      • Folder icon Library of additional criminal procedure forms
        • Folder icon Criminal Procedure Rules
          • Folder icon Guidance and Notes
            • Item icon Guidance notes on completing the Appellant’s notice
            • Item icon CrimPR 3 Preparation for trial in a Magistrates Court - notes for guidance
          • Item icon Application by defendant to vary or discharge a domestic abuse protection order
          • Item icon Application by protected person to vary or discharge a domestic abuse protection order
          • Item icon Application by defendant to vary or revoke a restraining order
          • Item icon Application by protected person to vary or revoke a restraining order
          • Item icon Case sent for trial or following indication of guilty plea in indictable only cases
          • Item icon Plea and Trial preparation hearing parties (PTPH) form - 1 defendant
          • Item icon Plea and Trial preparation hearing parties (PTPH) form - 2 - 5 defendants
          • Item icon Application notice (Pursuant to the Extradition Act 2003)
          • Item icon Respondent's notice
          • Item icon (CAO Form NG(SCPO)) Notice and grounds of appeal or application for permission to appeal
          • Item icon PTPH Defence certificate of readiness for trial
          • Item icon PTPH Prosecution certificate of readiness for trial
          • Item icon Recognizance of defendant's surety on appeal to the Supreme Court
          • Item icon Form of indictment
          • Item icon Application to magistrates' court to reconsider police bail
          • Item icon Notice of application for court to consider bail
          • Item icon Defendant's application or appeal to the Crown Court after magistrates' court bail decision
          • Item icon Defence statement
          • Item icon Defence witness notice
          • Item icon Defendant's application for prosecution disclosure
          • Item icon Statement of witness
          • Item icon Notice to defendant of proof by written witness statement
          • Item icon Application for a witness summons
          • Item icon Application for a witness summons - confidential information relating to another person
          • Item icon Application for a special measures direction
          • Item icon Application for a live link direction
          • Item icon Notice to introduce hearsay evidence
          • Item icon Application to exclude hearsay evidence following notice
          • Item icon Application to introduce evidence of a non-defendant's bad character
          • Item icon Notice objecting to evidence of a non-defendant's bad character
          • Item icon Notice to introduce evidence of a defendant's bad character
          • Item icon Application to exclude evidence of a defendant's bad character
          • Item icon Statutory declaration
          • Item icon Statutory declaration under s. 72(2) Road Traffic Offenders Act 1988
          • Item icon Statutory declaration under s. 73(2) Road Traffic Offenders Act 1988
          • Item icon Notice of appeal against recognition of foreign driving disqualification
          • Item icon Plea and Trial Preparation Hearing (PTPH) standard witness table
          • Item icon Preparation for effective trial in a Magistrates' Court
          • Item icon Application to vary or revoke, etc. a behaviour order
          • Item icon Application to the Crown Court from a magistrates' court - appeal against sentence
          • Item icon Notice abandoning an appeal
          • Item icon Application to magistrates' Court or Crown Court to state a case for an appeal to the High Court
          • Item icon (CAO Form NG Sentence) Notice and grounds of appeal or application for permission to appeal against sentence to the Court of Appeal Criminal Division
          • Item icon (CAO Form W) Notice of application for a witness order and (or) permission to call a witness
          • Item icon Recognizance of appellant's surety
          • Item icon Application by person with Legal Aid to change solicitor
          • Item icon Notice of application for a production order under POCA
          • Item icon Response to application for extension of pre-charge bail
          • Item icon Application for summons or warrant for arrest for alleged offence
          • Item icon (CAO Form NG Conviction) Notice and grounds of appeal or application for permission to appeal against a confiscation order to the Court of Appeal Criminal Division
          • Item icon Appeal to the Crown Court from a Magistrates' Court (including a Youth Court) - appeal against conviction or conviction and sentence
          • Item icon Appeal to the Crown Court from a Magistrates' Court
          • Item icon Statement of assets and other financial circumstances
    • Folder icon G. Appeals from the Crown Court
      • Item icon Legal Aid Agency Online Portal
      • Folder icon Appeals from Crown Court
        • Item icon Crown Court appeals
          Under s 1 of the Criminal Appeal Act 1968 a person convicted of an offence in the Crown Court can appeal against their conviction or sentence to the Court of Appeal if they pleaded not guilty. If they pleaded guilty, they can only appeal their sentence and only with leave. To appeal there must ...

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        • Item icon (CAO Form NG Conviction) Notice and grounds of appeal or application for permission to appeal against a confiscation order to the Court of Appeal Criminal Division
        • Item icon (CAO Form NG Sentence) Notice and grounds of appeal or application for permission to appeal against sentence to the Court of Appeal Criminal Division
        • Item icon Letter to court enclosing notice of appeal
        • Item icon Attendance note - Considering appeal from Crown Court
        • Item icon Attendance note - Preparing appeal from Crown Court
        • Item icon Letter to client when appealing from Crown Court
        • Item icon Letter to client explaining appeal from Crown Court
    • Folder icon H. Sentencing
      • Item icon Letter to client preparing them for possibility of a custodial sentence where no plea yet entered
      • Item icon Letter to client preparing them for possibility of a custodial sentence on a guilty plea
      • Item icon Letter to client preparing them for possibility of a custodial sentence on a not guilty plea
      • Folder icon Appropriate sentences
        • Item icon Letter to client enclosing explanation of possible sentences
        • Item icon Enclosure explaining possible sentences
        • Item icon Discharge
          The court can impose an absolute discharge or a conditional discharge. An absolute discharge means that the defendant is not punished for the offence.

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        • Item icon Fines
          Fines are imposed for low-level offences, such as driving offences and theft. The court will look at two factors when considering the appropriate fine:

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        • Item icon Community sentence
          A community sentence requires the offender to carry out activities in the community for a required amount of time, usually measured in hours. The unpaid element is used in combination with other requirements, such as the offender having drug or drink treatment or complying with curfew obligations.

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        • Item icon Custody
          Imprisonment is, of course, the most severe punishment that can be imposed. Prison can be daunting prospect for anyone and can cause wider ramifications for the client. They will probably lose their job, may lose their home, and their family and dependants will be affected. The appropriate length ...

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        • Item icon Letting to client with enclosure explaining how to prepare for prison
        • Item icon Enclosure - Preparing for prison
        • Item icon Victim surcharge
          Victim surcharge is a financial penalty applied in addition to a sentence fine or a community penalty. The amount varies between £17 and £170 depending on the age and type of defendant and the sentence imposed. The Sentencing Council publishes the current rates. The purpose of the victim surcharge ...

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    • Folder icon I. Proceeds of crime
      • Folder icon Proceeds of crime
        • Item icon Proceeds of crime
          Under the Proceeds of Crime Act 2002 the court can make a confiscation order following a conviction. Confiscation orders recover any financial benefit an individual has gained due to their offending. The law relating to confiscation is harsh and often difficult for defendants to understand or ...

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        • Item icon Proceeds of Crime Act - Fastrak claim form PL1
      • Folder icon Library of additional criminal procedure forms
        • Folder icon Criminal Procedure Rules
          • Folder icon Guidance and Notes
            • Item icon Guidance notes on completing the Appellant’s notice
            • Item icon CrimPR 3 Preparation for trial in a Magistrates Court - notes for guidance
          • Item icon Application by defendant to vary or discharge a domestic abuse protection order
          • Item icon Application by protected person to vary or discharge a domestic abuse protection order
          • Item icon Application by defendant to vary or revoke a restraining order
          • Item icon Application by protected person to vary or revoke a restraining order
          • Item icon Case sent for trial or following indication of guilty plea in indictable only cases
          • Item icon Plea and Trial preparation hearing parties (PTPH) form - 1 defendant
          • Item icon Plea and Trial preparation hearing parties (PTPH) form - 2 - 5 defendants
          • Item icon Application notice (Pursuant to the Extradition Act 2003)
          • Item icon Respondent's notice
          • Item icon (CAO Form NG(SCPO)) Notice and grounds of appeal or application for permission to appeal
          • Item icon PTPH Defence certificate of readiness for trial
          • Item icon PTPH Prosecution certificate of readiness for trial
          • Item icon Recognizance of defendant's surety on appeal to the Supreme Court
          • Item icon Form of indictment
          • Item icon Application to magistrates' court to reconsider police bail
          • Item icon Notice of application for court to consider bail
          • Item icon Defendant's application or appeal to the Crown Court after magistrates' court bail decision
          • Item icon Defence statement
          • Item icon Defence witness notice
          • Item icon Defendant's application for prosecution disclosure
          • Item icon Statement of witness
          • Item icon Notice to defendant of proof by written witness statement
          • Item icon Application for a witness summons
          • Item icon Application for a witness summons - confidential information relating to another person
          • Item icon Application for a special measures direction
          • Item icon Application for a live link direction
          • Item icon Notice to introduce hearsay evidence
          • Item icon Application to exclude hearsay evidence following notice
          • Item icon Application to introduce evidence of a non-defendant's bad character
          • Item icon Notice objecting to evidence of a non-defendant's bad character
          • Item icon Notice to introduce evidence of a defendant's bad character
          • Item icon Application to exclude evidence of a defendant's bad character
          • Item icon Statutory declaration
          • Item icon Statutory declaration under s. 72(2) Road Traffic Offenders Act 1988
          • Item icon Statutory declaration under s. 73(2) Road Traffic Offenders Act 1988
          • Item icon Notice of appeal against recognition of foreign driving disqualification
          • Item icon Plea and Trial Preparation Hearing (PTPH) standard witness table
          • Item icon Preparation for effective trial in a Magistrates' Court
          • Item icon Application to vary or revoke, etc. a behaviour order
          • Item icon Application to the Crown Court from a magistrates' court - appeal against sentence
          • Item icon Notice abandoning an appeal
          • Item icon Application to magistrates' Court or Crown Court to state a case for an appeal to the High Court
          • Item icon (CAO Form NG Sentence) Notice and grounds of appeal or application for permission to appeal against sentence to the Court of Appeal Criminal Division
          • Item icon (CAO Form W) Notice of application for a witness order and (or) permission to call a witness
          • Item icon Recognizance of appellant's surety
          • Item icon Application by person with Legal Aid to change solicitor
          • Item icon Notice of application for a production order under POCA
          • Item icon Response to application for extension of pre-charge bail
          • Item icon Application for summons or warrant for arrest for alleged offence
          • Item icon (CAO Form NG Conviction) Notice and grounds of appeal or application for permission to appeal against a confiscation order to the Court of Appeal Criminal Division
          • Item icon Appeal to the Crown Court from a Magistrates' Court (including a Youth Court) - appeal against conviction or conviction and sentence
          • Item icon Appeal to the Crown Court from a Magistrates' Court
          • Item icon Statement of assets and other financial circumstances
    • Folder icon J. Finalising the matter
      • Item icon Finalising the matter
        The finalisation of a criminal matter should be a 2-stage process.

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      • Item icon Legal Aid Agency Online Portal
      • Item icon Letter to client found not guilty
      • Item icon Letter to client found guilty but not yet sentenced - Crown Court
      • Item icon Letter to client following sentencing in the Crown Court - General
      • Item icon Letter to client following sentence - Bind over order
      • Item icon Letter to client following sentence - Community rehabilitation order and probation order - Crown Court
      • Item icon Letter to client following sentence - Non custodial various options
      • Folder icon Case dismissed for privately funded clients
        • Item icon Case dismissed for privately funded clients
          If the case is dismissed and the client was privately funding their case, an application can be made at the end of the proceedings for costs from Central Funds to be taxed. The court will provide an order confirming this. If the claim for legal work is for less than £2,000 use the form DC01: DCO ...

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        • Item icon DCO Magistrates Court Fastrack
        • Item icon DCO Magistrates Court non-Fastrack
        • Item icon Application for legal costs from central funds (5911)
      • Item icon Letter to client finalising the matter
      • Item icon Example invoice
      • Item icon Invoice recital - Criminal - Police investigation - No charges
      • Item icon Invoice recital - Criminal - Not-guilty plea
      • Item icon Invoice recital - Criminal - Guilty plea
      • Item icon Enclosure - Explaining the bill
      • Item icon Closing the file
      • Item icon File closing checklist
      • Item icon File review form - General
  • Item icon Further information
  • Item icon Comments and suggestions for By Lawyers

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