This module will assist those who gather and assess evidence to understand what is required for successful enforcement or prosecution. They will look at strengths and weaknesses in the evidence and consider how to effectively use the documents, plans, photos and evidence in enforcement or prosecution proceedings. They will also consider their duties under disclosure. In anticipation of sentencing (on a guilty plea or a finding of guilty) delegates will learn how to prepare for representations about the aggravating factors of the offence to invite the court to give an appropriate sentence.
Learning Outcomes
- Preparing the prosecution file by identifying legal issues, evidence and defences
- Applying the Code for Crown Prosecutors evidential test; admissibility, reliability, accuracy and credibility
- Evaluating enforcement or prosecution evidence; real, documentary, exhibit, witness statement and oral
- Analysing the strengths, weaknesses, inconsistencies and omissions in evidence
- Making effective use of documentary and oral evidence, by considering how this is challenged in court
- Understanding the Code for Crown Prosecutors public interest test
- Dealing with duties of disclosure, unused material and legal privilege
- Analysing the sentencing powers of the court with reference to sentencing principles
- Evaluating aggravating and mitigating factors relevant to the offence and the offender
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