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Privilege
- Class notes • 9 pages • 2021
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Privilege 
 
•	The privilege against self-incrimination, 
•	The principles that apply to legal professional privilege, including waiver of privilege. Section 4: Cases involving Youths
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Identification evidence
- Class notes • 23 pages • 2021
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Identification evidence and other issues relating to corroboration 
 
•	The special need for caution required in identification cases, 
•	The circumstances in which the judge may withdraw an identification case from the jury, 
•	The nature and content of a “Turnbull” warning, 
•	The grounds on which the judge might exclude identification evidence (consideration of Code D.3 of PACE will also be required), 
•	The to make or challenge applications to exclude identification eviden...
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Burden and Standard of Proof
- Class notes • 8 pages • 2021
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Burden and standard of proof 
 
•	The distinction between the legal burden and the evidential burden of proof, 
•	The general rule concerning the incidence of the burden of proof in criminal cases and the exceptions to it, 
•	The standard of proof required in criminal cases when the legal burden rests on the prosecution, 
•	The standard of proof required when the legal burden rests on the defence.
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Preliminary issues relating to Witnesses
- Class notes • 35 pages • 2021
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Preliminary issues relating to Witnesses 
•	Competence and compellability, 
•	Oaths and affirmations, 
•	The principles and procedure for the issue of a witness summons and warrant of arrest (outline only). 
 
The rules relating to the examination of Witnesses 
•	Examination in chief: form of questioning, memory refreshing, the use of previous consistent statements, hostile witnesses, 
•	Cross examination: form of questioning, previous inconsistent statements, restrictions on cro...
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SUMMARY TRIAL
- Class notes • 15 pages • 2021
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Summary trial procedure 
 
•	The circumstances in which the Magistrates can proceed in the absence of the defendant, 
•	Abuse of process in the Magistrates’ Court (key principles only), 
•	The procedural steps in a summary trial, including reading statements and formal admissions, 
•	Submission of no case to answer 
•	Order of speeches, 
•	Verdicts, 
•	Costs after trial (key principles only), 
•	The role of the Magistrates’ Legal Advisor in the trial (key principles only).
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Preliminaries to Prosecution
- Class notes • 24 pages • 2021
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Preliminaries to prosecution: 
 
•	The structure of the codes of conduct issued under the Police and Criminal Evidence Act 1984 [PACE] and their importance to criminal investigations (key principles only), 
•	The provisions of Code C.10 (cautions and special warnings) and Code C.11 (interviews), 
•	The provisions of Code D.3 (identification by witnesses), 
•	The different powers of search and arrest, 
•	The role of the Crown Prosecution Service, including the Crown Prosecutors Code an...
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Overview of Criminal Procedure
- Class notes • 15 pages • 2021
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Overview of criminal procedure 
•	The classification of offences (indictable, either-way and summary) 
•	The court structure in England and Wales, and how to address members of the judiciary 
•	How criminal cases progresses through the system (outline of the progress of the three categories of criminal offence, with respect to adults and of offences of varying seriousness with respect to youths), 
•	The funding of criminal cases (students should have an understanding of the general str...
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Opinion Evidence and Experts
- Class notes • 5 pages • 2021
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Opinion evidence and experts 
 
•	The general prohibition on the use of opinion evidence in criminal cases, 
•	The exception to this rule in relation to expert evidence, 
•	The definition of an expert, 
•	The scope and limits of expert evidence in the trial, 
•	The procedural requirements for the introduction of expert evidence under the Criminal Procedure Rules.
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