This document outlines questions to be asked of a defendant regarding alleged offenses of going equipped for burglary and criminal damage. For the burglary charge, the prosecution argues that tools found on the defendant's person and in his vehicle indicate intent to commit burglary. However, the case is considered weak as no witnesses saw the defendant at the scene and his identity was unclear. Regarding criminal damage, the evidence is speculative as an engineer concluded the alarm malfunctioned. While the location could aggravate the offense, the prosecution case is weak overall. The defendant's defense and plea are pending instructions. The offenses will likely be tried at the Magistrates' Court due to the simple nature of the case and lower sentencing powers.

1. Introduction
 Name & role
 Purpose of conference
 Agenda
Questioning
Background
 Can you state your occupation
o Income
o If Student, which institution/school attend
1. ALLEGED GOING EQUIPPED FOR BURGLARY
Chronology of events
Prior to Gladbury Retail Park:
 Where were you before being at Gladbury Retail park on the 5th of March 2015
 What were you doing
 Who were you with- if any
o Name
o Place person resides
 Who did you talk to- if any
o Name
o Place person resides
 How far is the place from where you reside to Gladbury Retail Park
Gladbury Retail Park:
 Confirm where were you, at approximately 10pm on that same day
 How did you get there
 What time did you arrive

2.  What were you doing there
o Waiting for friend, who (WS/PC 1647 Collett [PCC] Pg1/p.3)
o What Is the relationship between you and this friend
o How many of them
o What was the purpose of waiting for the friend
o How long were you suppose to wait
o How long did you waited
o Where were you and friends going that night
o What were the plans for that night
 Describe your mood that night
 Describe the atmosphere that night
 Describe the visibility that night
 Where were you seen by the police officers (WS/PCC Pg1/p.2)
Gladbury Cycle World:
 The police officers stated that you were running from the entranceway of Gladbury
Cycle World towards a Vauxhall Corsa motor vehicle registration number NH05 JHR
(WS/PCC Pg1/p.2)
o Can you confirm that the motor vehicle of the registration number NH05 JHR
belongs to you (WS/PC Long [PCL] Pg1/p.4)
o Why were you running from the entranceway of Gladbury Cycle World
o Where was your car parked
 Was it far away from the cycle shop
Arrest:
 Where were you arrested
 How far away from the cycle shop
 Confirm one of the police officers searched you (WS/PCC Pg1/p.3)
o Confirm he found a cordless electric screwdriver in your rear jeans pocket
(WS/PCC Pg1/p.3)
 Right or left pocket
o Confirm he found a torch tucked into the waistband of your jeans (WS/PCC
Pg1/p.3)
o Do they belong to you

3. o Why did you have these items with you
 What are the functions of these tools
o Have you used it recently
 When was the last time you used it
 Did you knew that you were carrying these tools
o What was your reaction then
 Confirm one of the police officers searched your motor vehicle (WS/PCL Pg1/p.4)
o Confirm he found a cordless drill from the footwell of the passenger seat
o Does it belong to you
o Why did you have it in your car
 What are the functions of this tool
o Have you used it recently
 When was the last time you used it
 Did you knew that it was in your car
o What was your reaction then
Interview:
 Confirm the complaints
 Were you offered a solicitor
o If yes, why decline a solicitor
2. ALLEGED CRIMINAL DAMAGE
 When questioned about the alleged criminal damage of the alarm system of the store,
why did you make no comment
 When suspected that you went to Gladbury Cycle World the other night and damaged
the alarm sensor so that it wouldn’t trigger the alarm, why did you make no comment
 How did you felt then

4. 3. PERSONAL CIRCUMSTANCES:
(NB: the relevance of these questions depends upon whether: 1) D confesses and G plea
entered (will need to complete Means Form, and prepare Plea in Mitigation); and/or 2) P
objects to bail
 Confirm list of pre-cons (6 pre-cons, 3 burglary)
o Where were the 3 previous burglary at
o What kind of store
o How did you plead for the offences
 Marital status
 Dependents-if any (obtain details, place they reside)
 Working- if any (obtain details)
o Income
o Where/for whom
o Hours of work
o Type/position of work
 Unemployed- if yes (obtain details)
o For how long
o Any prospects
 Outgoings (complete Means Form)
 Any other relevant personal information

5. Preliminary Advice (Subject to Questioning)
GOING EQUIPPED FOR BURGLARY (section 25 of the Theft Act 1968)
a. Law
The offence
Definition:
Going Equipped for Burglary
The Theft Act 1968:
“25 Going equipped for stealing, etc.
(1)A person shall be guilty of an offence if, when not at his place of abode, he has
with him any article for use in the course of or in connection with any burglary or
theft.
(2)A person guilty of an offence under this section shall on conviction on indictment
be liable to imprisonment for a term not exceeding three years.
(3)Where a person is charged with an offence under this section, proof that he had
with him any article made or adapted for use in committing a [burglary or
theft] shall be evidence that he had it with him for such use.

6. Defence
Pre-LMIs – Instructions not taken from Defendant [D]. No evidence to raise
possible defence.
Post LMIs-
Appreciation of Defence
Pre- LMIs – MSIDENTIFIED DEFENDANT - The direct witness of the alleged
offence, in respect of the identity of the person who committed the offence, was
undistinguishable “The figure was in darkness” (W/S/Simon Cooke [SC] Pg1/p.3)
b. Prosecution Case
SC’s statement:
 Evidence slightly weak
 Gives account consistent with D being the offender
 Did not directly allege D as the offender
 Did not see who exactly committed the offence “The figure was in darkness”
(W/S/Simon Cooke [SC] Pg1/p.3)
 No eye witness or any recorded evidence
 Pre-LMIs
Paul Drake’s [PD] statement:
 Evidence fairly weak
 Did not allege D as the offender
 Did not witness the offence
 Claims that “no-one had broken in” (WS/PD Pg2/p.2)
 No eye witness or any recorded evidence

7.  Pre-LMIs
PC’s statement:
 Evidence fairly strong, but far from perfect
 Gives account consistent with D being the offender
 Gives account consistent with D “has with him any article for use in the course of or
in connection with any burglary”
o ‘Cordless electric screwdriver’ ex GC/1
o ‘Torch’ ex GC/2
 Pre-LMIs
PCL’s statement:
 Evidence fairly strong, but far from perfect
 Gives account consistent with D being the offender
 Gives account consistent with D “has with him any article for use in the course of or
in connection with any burglary”
o ‘Electric cordless drill’ ex JL/1
 Pre-LMIs
Interview:
Criminal Justice and Public Order Act 1994
Partial account given in interview. Denied charges and claims that he was waiting for a
friend. Refuses to answer some questions. Prosecution may ask for adverse inferences to be
drawn due to failure to answer some questions:
“34 Effect of accused’s failure to mention facts when questioned or charged.
(1) Where, in any proceedings against a person for an offence, evidence is given that the
accused-
(a) at any time before he was charged with the offence, on being questioned under
caution by a constable trying to discover whether or by whom the offence had been
committed, failed to mention any fact relied on in his defence in those proceedings;
or
(b) on being charged with the offence or officially informed that he might be prosecuted
for it, failed to mention any such fact, being a fact which in the circumstances
existing at the time the accused could reasonably have been expected to mention

8. when so questioned, charged or informed, as the case may be, subsection (2) below
applies.
(2) Where this subsection applies—
a. [...]
b. the court or jury, in determining whether the accused is guilty of the offence
charged, may draw such inferences from the failure as appear proper
Previous Convictions
D has previous convictions and is not of good character. A ‘Vye Direction’ is unlikely to be
given. Prosecution may ask for adverse inferences to be drawn due to relevant previous
convictions. If D testifies or relies on a pre-trial exculpatory statement, he is less likely to be
telling the truth and because he has previous criminal convictions, he is more likely to have
committed the offence charged.
Summary: Fairly strong prosecution case on papers, but far from perfect.
Post LMIs-
c. Defence Case
Pre-LMIs:
 Isolated area, but identity of offender was in darkness
 No eye witness or any recorded evidence
 Claims he was waiting for a friend
 However, do need to clarify on the tools found upon him
 Not of good character
 Do have previous convictions relevant to the present charges
 Adverse inference will be drawn for refusing to answer some questions in interview

9. Summary: Helpful circumstantial evidence, but case is still slightly weak. Instructions
need to be obtain from D.
Post LMIs-
PLEA
Pre LMIs – No proof of evidence but interview suggest denial, advice NG plea.
Post LMIs -
SENTENCE
Definitive Theft Offences Guidelines:
The maximum sentence on conviction on indictment is 3 years custody, and on summary
conviction the maximum sentence is 6 months custody and a level 5 fine.
The definitive sentencing guideline, Theft Act 1968, section 25(2) applies to sentencing in
the Crown Court, and the Magistrates’ Court Sentencing Guidelines apply when
sentencing in the Magistrates’ Court.
Having determined a category, the court should use the starting point to reach a sentence
within the appropriate category range. The starting point applies to all offenders irrespective
of plea or previous convictions.
Starting point and range:
On these facts the culpability level would be, ‘A’, high as D was in possession of items for
use in a domestic burglary. There are no factors which indicate higher harm, so the starting
point for the sentence would be 26 weeks’ custody with a range of a high level community
order to one year’s custody. D’s previous convictions are an aggravating factor which
would justify a sentence at the top of that range.
Offence Seriousness: It would be an aggravating feature given D’s Previous convictions,
having regard to a) the nature of the offence to which the conviction relates and its relevance
to the current offence; and b) the time that has elapsed since the conviction

10. Credit for a Guilty Plea –
 Section 144 Criminal Justice Act 2003 provides statutory basis for credit:
(1) In determining what sentence to pass on an offender who has pleaded guilty to an
offence in proceedings before that or another court, a court must take into
account:
(a) the stage in the proceedings for the offence at which the offender indicated his
intention to plead guilty, and
(b) the circumstances in which this indication was given.
 The (then) Sentencing Guidelines Council Guidance on Credit for Guilty Plea
(revised 2007) provides the following guidance on applying the provision as follows:
4.2 Save where section 144(2) of the 2003 Act applies, the level of the reduction
will be gauged on a sliding scale ranging from a recommended one third (where the
guilty plea was entered at the first reasonable opportunity in relation to the offence
for which sentence is being imposed), reducing to a recommended one quarter (where
a trial date has been set) and to a recommended one tenth (for a guilty plea entered at
the ‘door of the court’ or after the trial has begun)
 Recent developments:
Caley [2012] EWCA 2821 considered definitive sentencing guideline, and offered
guidance on what should be regarded as a ‘first reasonable opportunity’ so as to
secure maximum discount. Court of Appeal noted:
“In our experience [it] is often the case that judges make it clear that there should be
no assumption that a plea at the plea and case management hearing will attract a
one-third discount and they apply within the guideline a lesser discount on the basis
that the first reasonable opportunity was earlier. That is an entirely proper approach
and it should encourage early indications of willingness to plead, with all the
consequential savings of cost and time. However, in this case...the prosecution did not
put the matter on that basis and the judge in sentencing expressly said in relation to

11. this appellant that he had pleaded guilty at the first reasonable opportunity. He did
not raise with counsel any issue about it.
We add this. In an increasing number of court centres now there is an early guilty
plea scheme where early guilty plea hearings take place. In those centres there are
practice guidance notes making it clear that there is a presumption that only a 25 per
cent discount will be given if a guilty plea is entered at the plea and case management
hearing rather than earlier. The Maidstone Court involved in this case is not, as yet,
one of those centres. However, as this scheme develops around the country it will be
increasingly difficult to maintain that a plea at the plea and case management
hearing is the first reasonable opportunity.”
Likely Sentence:
If pleads G: 6-12 months imprisonment
If pleads NG: 12-18 months imprisonment
Your Choice:
Your choice as to plea, my role is to advise you. If the allegations and facts put up against
you are purely coincidental, the appropriate plea to enter is NG.
TAKE INSTRUCTIONS ON PLEA
CRIMINAL DAMAGE (Archbold 23-1)
a. Law
This offence, under section 1(1) Criminal Damage Act 1971, is of damaging property
belonging to another deliberately or recklessly.
Appreciation of Defence
Pre LMIs- Instructions not taken from D. no defence raised
Post LMIs-

12. Prosecution Case
Paul Drake
“I concluded that the alarm had simply malfunctioned and called an engineer.” (WS/PD
Pg2/p.1)
Adverse inferences
If D relies on a fact not mentioned when questioned under caution, prosecution may invite
adverse inferences to be drawn.
Post-LMIs –
Strength of Prosecution Case
Prosecution case is weak. No evidence that D caused the damage. Evidence is speculative.
Could make a SNCTA.
Post LMIs-
Defence Case
No defence raised pre LMIs, but evidence very weak. SNCTA will be made.
Post LMIs-
Strength of Defence Case
Given above, Defence case is weak, however, instructions are yet to be taken from D.
Credit for guilty plea (as before)
PLEA
Pre LMIs- no apparent defence- but NG as no case to answer
Post LMIs-
SENTENCE
As the value involved does not exceed £5,000.00, this offence is summary only. The
maximum sentence is level 4 fine (£2500) and/or 3 months custody. The Magistrates’ Court
Sentencing Guideline for this offence applies.
Starting Point:
The court is likely to find that this offence involves minor damage, therefore the Starting
point is a Band B fine, and the range is from a conditional discharge to a Band C fine.

13. Offence Seriousness:
Arguably the location of the offence (being an isolated place) is an aggravating factor.
Offender Mitigation:
Instructions yet to be taken from D.
Likely Sentence
G plea – Conditional discharge – Band B fine
NG plea – Band B to Band C fine
TAKE INSTRUCTIONS ON PLEA
Allocation
Going Equipped for Burglary is ‘either way’, and Criminal Damage is summary only.
The Sentencing Guideline on Allocation indicates that cases should be tried summarily unless
sentencing powers are insufficient. The case is therefore likely to be suitable for summary
trial if Magistrates consider their sentencing powers sufficient.
Benefits of MC trial:
 Much quicker resolution of simple case
 Less formality for first time offender
 Lower sentencing powers
Benefits of CC trial:
 Lower chance of acquittal
 Jurors likely to be more representative and persuadable than Magistrates/DJ Legal
arguments heard by Recorder/Circuit J
 BUT will take longer, greater sentencing powers and publicity.
Advice
Can ask for an indication of sentence before deciding on venue. On balance, MC advised:
quicker resolution, lower sentencing (unlikely to commit for sentence)
Advice – Magistrates’ Court
Criminal Damage is summary only, but can be sent to the Crown Court under section 51 of
the CDA 1998

14. Take Instructions
If court allocates to MC, where would you like your trial to be heard?
Confirm Instructions on Plea
NEXT STEPS
Will be taken into court and identified in the dock by name and address
The matters will be put
Defendant to indicate plea:
Guilty – proceed to sentence (will need to complete a Means Form before enter courtroom,
probably need to adjourn for a PSR, so bail will need to be considered)
Not guilty – proceed to allocation
Allocation
Representations made by prosecution and defence, including details of D’s previous
convictions (in this case no pre-cons)
Magistrates make an Allocation decision – would their sentencing powers be sufficient?
Decision based on representations, Sentencing Guidelines and Allocation Guidelines
If Magistrates Allocate to MC, D may accept the allocation or elect CC trial (may ask for an
indication of sentence if appropriate)
If Magistrates Allocate to CC, D will not get a choice in where the case will be heard
If Allocated to CC either by Magistrates or D’s election, case will be sent under s.51 CDA
1998
If consents to summary trial, a Case Management Form will have to be completed, will need
to have any witness’ dates to avoid, trial date will be fixed, and court will need to consider
bail.
CONCLUSION