Criminal Litigation: Elements of Crime, Trial Procedure, Magistrates' vs Crown Court, Legal Aid, Plea in Mitigation

Criminal Litigation

Contents
INTRODUCTION.......................................................................................................................................3
MAIN BODY..............................................................................................................................................3
Case scenario...........................................................................................................................................3
1. Explanation of mens rea, actus reus and range of sentence..................................................................3
2. Explain the procedure for allocation of this case for trial; the criteria on which the court will make
its decision, and how William Brown should exercise any options he may have....................................4
3. Advantages/disadvantages of both a Magistrates’/Crown Court trial, having regard to the specific
circumstances of his case.........................................................................................................................5
4. In the event that the case is allocated to the Crown Court, set out the position regarding the client’s
entitlement to legal aid............................................................................................................................6
5. In the event that the client is found guilty at trial, explain the matters that you would include in a plea
in mitigation in this case..........................................................................................................................6
CONCLUSION...........................................................................................................................................8
REFERENCES............................................................................................................................................8

INTRODUCTION
The law can be defined as the rules and regulations which are made by the supreme
authority and is enforced in whole of the country so that there is law and order maintained. The
enforcement involves punishing the wrongdoer. There are two types of law of which first is civil
which deals with dispute among two private individuals and the second is criminal law which
relates to legislation on crimes and offences. It defines the criminal offences, trial of suspected
person, fixed imprisonment or sentence and the modes of treatments for the convicted offenders.
The crimes are the one which are committed not against a private individual but against the
whole society or community (Antunes, Wainwright and Gredecki, 2021). This report is based on
a case study wherein a report is to be presented covers the questions such as elements of crime,
procedure of trial at criminal court, advantages and disadvantages of Magistrate and Crown
court, position for entitlement of client for legal aid and matters included in pleas in mitigation of
case.
MAIN BODY
Case scenario
William Brown is charged with Theft offence two times wherein the first theft was
involved for 3000 pounds and second involved 10 cases of wines and two of gin by falsified
stock records. He was formerly the bar secretary at rugby club and its function was to order and
check level of stock, pay suppliers and check and bank the takings. The cash was stolen at the
time of beer festival at club. William is of good character and is serving member of Territory
army. He is presently undertaking teaching qualification and its annual income is 12000 Pounds
per annum and also recently taken 50000 from his late grandmother.
1. Explanation of mens rea, actus reus and range of sentence.
Crime is regarded as the unlawful act by the lawful authority which is not only against
the person only but against the whole community, state or society. There are mainly two
elements of crime-