Hot Topics in Criminal Law - Update Your Knowledge

Introduction

This webinar series presented by Colin Beaumont and Clive Smith includes 6 x 30-minute modules which will be of interest to anyone involved in criminal law and looking to update their knowledge.

Module 1 - The Perils of Completing the Preparation for Effective Trial (PET) Form

• Can I still put the prosecution to strict proof, or is it contrary to the Criminal Procedure Rules?
• Is there a duty of disclosure on the defense to provide details of the defense case in advance of trial?
• What if I don’t give notification of my defense witnesses - can I still call them?
• What if my defense changes on the day - do I need to tell the court?
• What about the PET Form - are the magistrates entitled to see it?
• If the Crown is put to strict proof, must they still call witnesses?

Module 2 - The 2023 Criminal Practice Directions

• The interrelationship between The Criminal Procedure Rules 2020 and The Criminal Practice Directions 2023
• What has been revoked by the 2023 Directions?
• Custody and bail: failure to surrender to bail; consequences and penalties
• Expert evidence - admissibility generally
• Appeals to the Court of Appeal - loss of time orders

Module 3 - Digital Strip Search Enquiries Explained

• What is the threshold for such an enquiry to be commenced by the police?
• When an enquiry is commenced, what should the scope of it be?
• How, practically, should such enquiries be conducted?
• Is the prosecution required to explore ALL avenues?
• What is the courts’ role in balancing fairness to all parties?
• What if the complainant refuses and does not want to cooperate - is that the end?

Module 4 - Road Traffic Guidelines & The Sentencing Council

• 12 or more penalty points - a ban under the totting-up provisions or a discretionary ban on the offense itself?
• A first offense in relation to drug driving - circumstances in which the disqualification is a starting point of 24 months rather than 12
• Guidelines in relation to the recent offense of 'causing serious injury by careless driving'
• Guidelines in relation to causing death by dangerous driving now that the offense carries life imprisonment
• Guidelines in relation to causing death by careless driving when under the influence of drink or drugs now that the offense carries life imprisonment
• Guidelines, as opposed to mere guidance, in relation to driving, attempting to drive or being in charge with drugs in your system above the permissible level

Module 5 - The Latest on Consent in Sexual Offenses

• Is the complainant’s evidence that of not consenting conclusive, or must the defendant have intended the conduct to be sexual too?
• The objective test for consent - do specific characteristics of the defendant still matter?
• What sort of lie is capable of vitiating consent?
• Directing the jury on consent
• Drunken consent
• Can consent be withdrawn retrospectively when new information comes to light?

Module 6 - Amendments to the Law, Practice and Procedure and Sentencing in the Youth Court

• The further considerations for the Court before remanding into youth detention accommodation
• All change with the time periods when imposing a Detention and Training Order
• Remands in custody and the deduction of time from a Detention and Training Order
• Qualifying curfews and the credit for such time when imposing a Detention and Training Order
• Remittals for sentence & trial from the Crown Court to the Youth Court
• The amended test when considering the imposition of a minimum sentence in the Youth Court

This webinar was recorded on 2nd February 2024

You can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.