15 June 2012 Level 6 UNIT NAME Subject Code L6-18

INSTITUTE OF LEGAL EXECUTIVES

UNIT 18 – CRIMINAL LITIGATION*

Time allowed: 3 hours plus 15 minutes reading time

Instructions to Candidates

You have been provided with a clean copy of the case study materials for you to use

in this examination.

You have FIFTEEN minutes to read through this question paper and the case study

materials before the start of the examination.

It is strongly recommended that you use the reading time to read the

question paper fully. However, you may make notes on the paper or in your

answer booklet during this time if you wish.

All questions are compulsory. You must answer ALL the questions.

Write in full sentences – a yes or no answer will earn no marks.

Candidates may use in the examination their own unmarked copy of the

designated statute book: Blackstone’s Statutes on Criminal Justice and

Sentencing 2008, 4th Edition, B Mitchell & S Farrar, Oxford University Press

Candidates must comply with the ILEX Examination Regulations.

Full reasoning must be shown in answers. Statutory authorities, decided cases and

examples should be used where appropriate.

Information for Candidates

The mark allocation for each question and part question is given and you are advised

to take this into account in planning your work.

Write in blue or black ink or ball point pen.

Attention should be paid to clear, neat handwriting and tidy alterations.

Complete all rough work in your answer booklet. Cross through any work you do not

want marked.

Do not turn over this page until instructed by the Invigilator.

* This unit is a component of the following ILEX qualifications: LEVEL 6 CERTIFICATE IN LAW, LEVEL 6

PROFESSIONAL HIGHER DIPLOMA IN LAW AND PRACTICE and the LEVEL 6 DIPLOMA IN LAW AND PRACTICE

Question 1

Reference: Question relates to CASE ONE – Maurice Jones in the case study

materials. (a) The police have asked Maurice Jones to attend a local police station to be

interviewed in relation to this matter. How can Kempstons be remunerated for work in relation to this interview.

(5 marks) (b) What advice will you give Maurice Jones in relation to the interview, and

how he should conduct himself during it? (8 marks)

(c) Now assume that matters have proceeded further, and that Maurice Jones

has been convicted of theft and false accounting after a trial on indictment.

Trial counsel advises that in the summing-up the judge failed to direct the jury that a confession by Miss Brookes was admissible only against her. He

also advises that the sentence of five years imprisonment imposed is unduly harsh by reference to other sentences in similar cases.

Explain the procedures to be adopted to appeal against conviction and sentence and the principles and criteria the appellate court will apply.

(12 marks)

(Total: 25 marks)

Question 2

Reference: Question relates to CASE TWO – Aftab Ali in the case study materials.

(a) What is the maximum period for which Aftab Ali can be detained before he

is charged or released, and what other powers do the police have in relation to the conditions of his detention.

(5 marks)

(b) Advise Aftab Ali of the procedures available to the police in this case to

establish that he is, or is not, the offender, any options open to him and your role as his legal adviser in relation to these matters.

(10 marks)

(c) Eventually Aftab Ali is charged with the burglary. The jewellery has still not

been recovered and the police are still seeking the other two offenders. The police decline to bail Ali, and will oppose bail at court.

Explain the legal basis and grounds of the prosecution’s application to remand Aftab Ali and outline the submissions that will form part of your bail

application. (10 marks)

(Total: 25 marks)

Question 3

Reference: Question relates to CASE THREE – Darren McCann in the case

study materials. (a) Complete the relevant parts of the Form CDS14 (Document A) in respect

of Darren McCann. THESE PARTS ARE PART A AND PART B1-B4. ALL OTHER PAGES

ARE INTENTIONALLY OMITTED Important: Write your Candidate number clearly on Document A

and attach it securely to your answer booklet. (8 marks)

(b) Explain the procedures which will take place from first appearance to the

conclusion of mode of trial proceedings and the basis upon which any

options available to the court, prosecution or defence will or could be exercised.

(9 marks) (c) The case is to be tried on indictment. Explain the procedures which the

court, prosecution and defence must or may undertake from the conclusion of mode of trial proceedings to the commencement of the trial

in the Crown Court. (8 marks)

(Total: 25 marks)

Question 4

Reference: Question relates to CASE THREE – Darren McCann in the case study materials.

(a) You have obtained witness statements from Owen and Benny McCann. Both effectively corroborate Darren McCann’s version of events.

What issues arise in relation to the reception of the evidence of Owen and Benny by the court, and what procedures will or may be adopted?

(8 marks)

(b) Explain the legal, evidential and other issues which will or may arise at trial and the approach the defence should adopt in the conduct of the trial.

(10 marks)

(c) Shortly before the trial Darren McCann tells you he is thinking of changing his plea to guilty ‘to get it all over with’. How should you deal with this

situation? (7 marks)

(Total: 25 marks)

© 2012 Institute of Legal Executives

BLANK PAGE

Candidate Number………………

DOCUMENT A CDS14 to be used with question 3(a)

End of Examination Paper