Civil and criminal litigation problem question(OSCOLA REFERENCING)
Sophia is a 25-year-old full time student studying Business at South West University. Sophia lives at home with her mother and has recently decided to leave her part time job to focus solely on her final year of studies. She has no health issues, no dependents and has no previous criminal convictions to date.
On Monday 1st April at 10pm Sophia visited her local supermarket to purchase some food and take a break from studying, which she had been doing for the last 5 hours. Whilst exiting the store, Sophia was stopped by security and asked to show her receipt and the items which she had purchased. During the inspection a total of five items out of nine were not scanned (via the self-service checkout) which amounted to a total of £57.56 of unpaid items. The police were called to the supermarket and Sophia was arrested for Theft, detained and taken to Stratford Police station for questioning.
Sophia has asked for a duty solicitor to be provided, which has now been passed onto you to carry out proceedings on behalf on your law firm which you are employed as a criminal solicitor for.
You arrive at Stratford Police Station at 12.30am on Tuesday 2nd April and have an initial meeting with Sophia. She has explained that she has been very tired due to studying and adamant she did scan all nine items at the self-service check out and this must be a computer error. CCTV will be provided by the supermarket in due course to review.
Sophia has asked whether you can explain her rights, when she can be released, the next steps in the case and what are the options if she pleads guilty or not guilty in her interview with the police.
Advise Sophia in relation to:
Her rights whilst in custody at Stratford Police station (400 words)
What would be reasonable grounds for bail, and would Sophia be successful in obtaining this? (200 words)
If Sophia is charged with an offence, explain the procedure in relation to mode of trial. (200 words)
What advice would you give Sophia in relation to Mode of Trial? (400 words)
