BPTC Criminal Procedure Paper 1

Your client, Amir Hassan, aged 22, has been charged with possession of a Class A controlled drug (cocaine) with intent to supply, contrary to section 5(3) of the Misuse of Drugs Act 1971. He was arrested at his home address following the execution of a search warrant. Officers found 15 individually wrapped deals of cocaine (total weight 12 grams) in a shoebox under his bed, £2,400 in cash in a drawer, two mobile phones, and a set of digital scales. In interview under caution, Mr Hassan exercised his right to silence on the advice of his solicitor. He has no previous convictions. He is a second-year university student studying computer science and lives in rented accommodation with two flatmates. He appears at the Magistrates' Court for a first hearing. Advise on: (a) the classification of the offence and the appropriate venue for trial; (b) the bail application you would make, identifying the grounds for objection the prosecution is likely to raise and how you would address them; (c) the significance of the no-comment interview and any potential adverse inferences; and (d) the initial case management steps at the first hearing.

Your client, Ms Rebecca Stone, aged 35, has been convicted after trial at the Crown Court of one count of fraud by false representation, contrary to section 2 of the Fraud Act 2006. She was a senior accounts manager at a medium-sized recruitment firm and was found to have created 23 fictitious temporary worker placements over a period of 18 months, generating fraudulent invoices totalling £187,000, of which £142,000 was paid to bank accounts she controlled. The remaining £45,000 was identified and stopped by the company. Ms Stone has one previous conviction for theft by employee from 2015, for which she received a community order (now spent). She is the sole carer for her elderly mother, aged 78, who has dementia. She has expressed remorse and has repaid £30,000 since her arrest. A pre-sentence report has been prepared. Advise on: (a) the likely sentencing range; (b) your plea in mitigation; (c) the relevant aggravating and mitigating factors; and (d) any ancillary orders the court may consider.

You are instructed to represent Mr Tyler Briggs, aged 19, who is charged with one count of affray, contrary to section 3 of the Public Order Act 1986. The allegation is that on 8 February 2025, during a disturbance outside a nightclub, Mr Briggs was part of a group of six males who engaged in fighting with another group. The incident lasted approximately 3 minutes and was captured on CCTV and multiple mobile phone videos. Mr Briggs can be seen throwing punches and kicking at opposing group members. Two victims attended hospital: one with a broken nose and another with bruising. Mr Briggs was not involved in the most serious violence — another co-defendant is alleged to have used a bottle as a weapon. Mr Briggs has no previous convictions. He is employed as an apprentice electrician. At the PTPH, the prosecution serves additional evidence including mobile phone footage showing Mr Briggs making threatening gestures before the fight began, and text messages recovered from a co-defendant's phone in which Mr Briggs appears to have arranged to meet at the nightclub "to sort out" the other group. Your client had previously told you the fight was spontaneous. Advise on: (a) the evidential issues arising from the new material; (b) the implications for the defence case; (c) the disclosure obligations and defence statement; and (d) any applications you should consider making.

Your client, Ms Joanne Palmer, aged 40, was stopped by police while driving her car on the M4 motorway at 2:15am on 14 January 2025. Officers noticed her car weaving between lanes. She was required to provide a roadside breath specimen, which gave a reading of 52 micrograms of alcohol in 100 millilitres of breath (the legal limit being 35 micrograms). She was arrested and taken to the police station, where she provided two specimens of breath on the intoximeter machine. The lower of the two readings was 48 micrograms per 100 millilitres of breath. Ms Palmer has one previous conviction for drink driving from 2018, for which she was disqualified for 18 months and required to take an extended driving test. She is employed as a pharmaceutical sales representative and says the loss of her driving licence will result in the loss of her job. She wishes to plead guilty. Advise on: (a) the offence and the relevant statutory provisions; (b) the sentencing guidelines and likely sentence; (c) whether there are grounds to argue for a shorter period of disqualification or any other mitigation on sentence; and (d) the drink-drive rehabilitation course and its effect on the disqualification period.