carefully examine and analyse the criminal litigation procedure and to effectively apply this to a given scenario from taking instructions from the client to advising them throughout the process and assisting them in trial and once matters have been concluded. The Learner should be able to apply the Criminal Procedure Rules to all aspects of the procedure including from the time of arrest and custody up to bail, the trial, sentencing and appeals. Learning Outcomes Assessment Criteria Demonstrate a thorough understanding of the police powers to stop, search and detain and the accused’s rights during custody and for bail. Outline the funding arrangements available Explain the Police powers to Stop and search Understand warrants for arrest, detention or imprisonment Explain the bail and custody time limits Discuss the Criminal Practice Direction III: Custody and Bail Outline the rights of the police to conduct intimate searches, take fingerprints, etc. Advise a client upon the various private and public funding arrangements available Understand how the Criminal Procedure Rules should be applied from the outset and how preliminary proceedings will commence and the allocation of the case for trial to the appropriate court. Understand the overriding objective of the Criminal Procedure Rule Know what forms will be served and what records will be retained by the court Explain how the prosecution will commence in the Magistrates’ Court Understand how a case will be allocated and sent for trial Explain the indictment Identify when disclosure takes place and what it must contain. Explain how evidence is dealt with including from witnesses and experts. Understand the duty to disclose information Understand how to set out a witness statement and when they may be used Know when a witness summons may be issued and the procedure for the same Discuss how expert evidence is dealt with Explain and apply the Criminal Practice Directions IV on Disclosure and V on Evidence
and civil partnerships partnership Understand when a marriage may be deemed void Identify the circumstances where a marriage may be annulled and what makes it voidable Explain the requirements for a valid civil partnership Outline when a civil partnership can be annulled Understand non court dispute resolution and Family mediation Understand the Overriding Objective of the Family Procedure Rules Understand when Family Mediation Information and Assessment Meetings (MIAMS) may be appropriate and how these are conducted Understand procedure for a divorce Explain the ground for divorce and analyse the facts that can be relied upon illustrating this with cited cases Discuss how divorce proceedings will commence include the contents of the Petition and service of the same Understand the procedure for applications in matrimonial and civil partnership proceedings in accordance with the Family Procedure Rules including the special procedure list, decree nisi and decree absolute Understand Parts 5, 6 and 7 Family Procedures Rules Understand the protection available against Domestic Violence and the procedure for obtaining the same Understand and explain the procedure available under the Family Law Act 1996 for the protection against domestic violence Understand the procedure in accordance with Part 10 Family Procedure Rules Differentiate between a Non-Molestation Order and an Occupation Order and identify when these are appropriate Demonstrate a thorough understanding of the financial remedies available and the procedure for obtaining them Understand when an application for a financial remedy can be made Know when to start proceedings Identify when an application can be made for