1
Q
What are summary offences?
A
Assault, Battery, Simple criminal damage of £5,000 or less, Low value shoplifting (£200 in total)
Summary offences are less serious crimes that are typically handled in a magistrates’ court.
2
Q
List examples of either-way offences.
A
- Theft
- Burglary
- Fraud
- ABH
- S20 GBH
- Simple criminal damage over £5,000
- Simple arson
Either-way offences can be tried in either a magistrates’ court or a crown court.
3
Q
What constitutes an indictable only offence?
A
- Robbery
- S18 GBH
- Aggravated burglary
- Aggravated arson
- Aggravated criminal damage
- Murder and involuntary manslaughter
Indictable only offences are the most serious crimes and must be tried in a crown court.
4
Q
True or False: A defendant charged with an indictable only offence can be tried in a magistrates’ court.
A
False
Indictable only offences must be tried on indictment in a crown court.
5
Q
What is the prima facie right to bail?
A
There is a prima facie right to bail, but there are exceptions
A prima facie right means that the defendant is entitled to bail unless there are strong reasons to deny it.
6
Q
List exceptions to the general right to bail.
A
- Charged with homicide offence or rape (incl. attempts)
- Previous conviction of homicide offence or rape (incl. attempts)
- Bail only granted in exceptional circumstances or if D is of ‘no significant risk’
These exceptions help ensure public safety.
7
Q
Fill in the blank: A defendant may be refused bail if there are substantial grounds for believing they will _______.
A
abscond, commit further offences or interfere with witnesses
This addresses concerns about the defendant’s behavior while on bail.
8
Q
What are the statutory factors to consider for bail?
A
- Nature and seriousness of offence
- Character, antecedents and community ties
- Strength of evidence
- Potential harm to another
- Any other relevant factor
These factors help the court assess the appropriateness of granting bail.
9
Q
What is required for a confession to be admissible under S76 PACE 1984?
A
Prosecution must prove beyond all reasonable doubt that the confession was not obtained by oppression or unreliability
o S76 PACE 1984 mandatory exclusion for oppression
Defence to raise and prosecution to prove beyond all reasonable doubt that the confession was not obtained by oppression
Oppression includes torture, inhumane or degrading treatment, or the use/threat of violence.
Oppression can also extend to persistent, aggressive questioning, denial of sleep/food etc
o S76 PACE 1984 mandatory exclusion for unreliability
Confession has been obtained by anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession made as a consequence
Improper police conduct under PACE Code C – the Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers
Defence to raise and prosecution to prove beyond all reasonable doubt that the confession was not obtained unreliably
Unreliability of a confession does not exclude evidence obtained as a result
This ensures that confessions are obtained fairly.
10
Q
What is a Turnbull direction?
A
A warning given when the case depends on the correctness of visual identification and the defence alleges it to be mistaken
This direction is crucial for the jury to consider the reliability of identification evidence.
11
Q
What is the general rule regarding hearsay evidence?
A
Hearsay evidence is inadmissible
Hearsay refers to statements made outside of court that are presented to prove the truth of the matter asserted.
12
Q
List statutory exceptions to the hearsay rule.
A
- Witness is unavailable
- Business documents
- Res gestae
- Interest of justice exception
o Statutory exceptions:
Witness is unavailable (S116 CJA 2003) - Requirements:
Would have been admissible as oral evidence
Person is identifiable
Dead, unfit (ill, mental condition etc), outside UK and impractical to secure attendance, missing, fear
- Business documents (s117 CJA 2003) - Requirements:
Would have been admissible as oral evidence
Created or received by a person in their occupation/holder of office or acting in the course of their profession
The document was created or received in the course of business (not in anticipation of trial).
Supplied by someone who had personal knowledge of facts
Rationale: business records are generally reliable, systematic and routine
o Common law principles:
Res gestae – things said as a spontaneous reaction in the heat of the moment during the events in issue
Rationale: spontaneity reduces the risk of fabrication
o If all parties agree to admissibility of hearsay it may be admitted.
o Interest of justice:
Probative value, other evidence available, importance, circumstances in which statement made, reliability, whether oral evidence is available, challengeable, prejudice on the party facing it
This is a safety valve – allowing flexibility in unusual cases
These exceptions allow certain hearsay to be admissible under specific circumstances.
13
Q
What is the general rule regarding bad character evidence?
A
It is inadmissible unless the prosecution applies to admit it
This rule helps ensure that a defendant is not judged based on their past rather than the current case.
14
Q
What must the prosecution prove in a criminal case?
A
Each element of the offence beyond all reasonable doubt
This high standard of proof is essential in criminal law to protect the rights of the defendant.
15
Q
Define actus reus.
A
The physical act or omission that constitutes a crime
Actus reus must be proven for a successful prosecution.
16
Q
What is the ‘but for’ test in causation?
A
A test to determine if the harm would not have occurred ‘but for’ the defendant’s actions
This establishes a direct link between the defendant’s conduct and the resulting harm.
17
Q
What is mens rea?
A
The mental state or intention of the defendant at the time of committing an offence
Mens rea is crucial in determining the culpability of the defendant.
18
Q
What constitutes assault?
A
Causing another person to apprehend immediate unlawful personal violence
Assault can occur without physical contact.
19
Q
What is the difference between S20 GBH and S18 GBH?
A
- S20 GBH: Unlawful wounding or inflicting really serious harm with intention or recklessness
- S18 GBH: Unlawful wounding or inflicting really serious harm with intention to cause serious harm (or preventing/resisting arrest)
The key difference lies in the intention behind the act.
20
Q
What must be proven for a successful theft charge?
A
- Appropriation
- Property
- Belonging to another
- Dishonesty
- Intention to permanently deprive
TA 1968 No dishonesty is D genuinely believes:
He has right to deprive the other of it
He has consent
Cannot discover owner of property by taking reasonable steps
Common law test:
What was D’s knowledge and believe of the facts?
Was D dishonest according to standards of ordinary people?
Each element must be demonstrated for a conviction.
21
Q
What is aggravated burglary?
A
Committing a burglary while in possession of an aggravating article such as a weapon
This increases the severity of the offence due to the potential for violence.
22
Q
What is the defence of self-defence? Explain both householder and non-householder defences.
A
o Non-householder (prosecution to disprove):
Use of force was necessary in circumstances as D believed
Use of force was reasonable in circumstances as D believed
o Householder:
D is a householder
Self-defence used whilst in or partly in a dwelling
D believed V was a trespasser
D’s use of force was necessary in circumstances as D believed
D’s use of force was not grossly disproportionate in circumstances as D believed
This defence justifies the use of force in protecting oneself or others.
23
Q
What must D believe about V in a householder self-defence case?
A
D believed V was a trespasser
24
Q
What rights does a suspect have at the police station?
A
- Right to legal advice at any time during detention
- Right to have someone informed of arrest
25
When can the right to legal advice be delayed?
If the offence is indictable and there are reasonable grounds for believing the exercise of the right will lead to:
Interference with/harm to evidence
Interference with/harm to others
Alerting others suspected and not yet arrested
Hinder recovery of property
26
What is the maximum time a suspect can be detained without charge?
96 hours
27
What are the grounds for extending detention beyond the initial period?
* Indictable offence
* Reasonable grounds for believing further detention is necessary
* Investigation is being conducted diligently and expeditiously
28
What is the default method for identification procedures?
Video identification (VIPER) – the preferred method
29
What is required for conducting an identification parade?
* Involvement of suspect's solicitor or friend
* Selection of lineup members
* Recording of the procedure
30
What happens during a confrontation by an eyewitness?
Suspect is directly confronted by the witness, usually in the police station
31
What is the prima facie right to bail under the Bail Act 1976?
D is presumed to have the right to bail unless specified exclusions apply
32
What are some exclusions to the right to bail?
* Charged with homicide or rape
* Previous convictions for homicide or rape
* Substantial grounds for believing D will abscond
33
What are statutory factors considered by the court for bail?
* Nature and seriousness of offence
* Likely sentence if convicted
* Character and community ties
34
What does the prosecution's duty of disclosure include?
* Used material must be disclosed to the defence
* Unused material must be disclosed if it could undermine the prosecution case
35
What is the purpose of the defence statement?
To outline the nature of the defence, matters in issue, and reasons disputing prosecution evidence
36
What are the four stages of disclosure?
1) Investigation stage (police and investigators duty),
2) Initial duty of disclosure on the prosecution
a. Prosecution must disclose any unused material that might reasonably be considered capable of undermining the prosecution case or assisting the defence case.
b. This is a low threshold test - if there’s doubt, disclose.
c. Must usually be done before the first hearing to allow informed plea and case management.
3) Defence disclosure
a. Defence must provide a Defence Statement (in indictable or either-way cases proceeding to the Crown Court)
b. The defence statement should include:
i. Nature of the defence.
ii. Matters in issue.
iii. Reasons why the defendant disputes prosecution evidence.
iv. Points of law to be argued (e.g., admissibility, abuse of process).
c. This helps narrow issues and triggers the prosecution’s continuing duty.
4) Continuing duty on the prosecution
a. Prosecution must review disclosure continuously as the case develops.
b. After defence statement is served, they must check unused material again and disclose anything relevant in light of defence arguments.
c. Applies up until and even during the trial.
37
What is the consequence of a disclosure failure by the prosecution?
Serious consequences including quashing of convictions or mistrials
38
What is the consequence of failure by the prosecution to disclose relevant material?
Quashing of convictions on appeal, case dismissal as abuse of process, or mistrials and retrials
## Footnote
Disclosure failure can severely impact the fairness of a trial.
39
What must prosecutors do regarding third-party disclosure?
Pursue relevant material held by third parties that could assist the defence
## Footnote
This includes making appropriate applications to the court if confidentiality/public interest issues arise.
40
What is the defendant's duty regarding a defence statement in the Crown Court?
Submit a defence statement and notify the court and prosecution of their intention to call witnesses
- Nature of defence and particulars of any specific defence
o Set out factual and legal basis if relying on specific defence
o Set out the facts that are agreed
o Set out legal basis why Defendant did not commit offence
- Matters of fact the Defendant takes issue with
o Set out key parts of Prosecution case the defendant disputes
- Matters of fact which the Defendant intends to rely on:
o Detailed account of the Defendant
o Do not include any assertions that are not supported by evidence or are opinion based
- Any points of law and authority relied on:
o Turnbull for mistaken identity
- Alibi
o Name, address, date of birth of witness or as much information as is known
o Why the witness can provide an alibi
## Footnote
This includes alibi witnesses within specific timeframes.
41
What can the defence apply for regarding specific disclosure?
Specific disclosure of material not disclosed by the prosecution, subject to procedural requirements
## Footnote
This is crucial for ensuring all relevant evidence is considered.
42
What does S76 PACE 1984 mandate regarding confessions?
Mandatory exclusion for oppression and unreliability
## Footnote
The prosecution must prove that confessions were not obtained through oppression or unreliable circumstances.
43
What constitutes oppression in the context of confessions?
Includes torture, inhumane or degrading treatment, or the use/threat of violence
## Footnote
Oppression can also involve persistent aggressive questioning or denial of basic needs.
44
What is the purpose of a Turnbull direction?
To warn the jury about the reliability of visual identification evidence
## Footnote
It is crucial when the case depends significantly on the correctness of identification.
45
What are the statutory gateways for admitting bad character evidence?
1. Agreement – where defence and prosecution both agree to admit.
2. Adduced by D himself through cross-examination - If D raises it in evidence or during cross-examination (e.g., “I’ve never been in trouble in my life”), prosecution may rebut.
3. Important explanatory evidence
Must add significant value in understanding the case.
4. Relevant to an important issue between defence and prosecution and demonstrates a propensity to commit offences of the kind charged and be untruthful:
Consider Hansen factors:
Whether propensity to commit offences is established
Is it more likely D committed the offence due to propensity
Whether it would be unjust to rely on offences of the same description or category
Would proceedings be unfair if admitted
Fewer convictions, weaker the evidence
Strength of prosecutions case
Individual circumstances of previous convictions
5. Substantial probative value in relation to matter between co-defendants
6. Correct a false impression D has given of himself
7. D has attacked another person’s character (prosecution gateway only)
## Footnote
Prosecution must apply under these gateways to admit such evidence.
46
What is the purpose of sentencing?
To achieve justice by imposing a punishment reflecting the seriousness of the offence and the culpability of the offender
## Footnote
This includes deterrence, rehabilitation, protection of the public, and reparation.
47
What are the principles of sentencing?
* Proportionality
* Similar offences treated consistently
* Fair and transparent process
## Footnote
Sentencing must reflect the gravity of the offence and the offender's culpability.
48
What types of sentences can be imposed?
* Custodial
* Community
* Fines
* Conditional Discharge
* Absolute Discharge
## Footnote
Each type serves different purposes and is applied based on the severity of the offence.
49
What is the process for appealing against Magistrates’ decisions?
Against conviction or sentence (to the Crown Court):
1. Serve notice within 15 business days of sentence
2. No leave of appeal is required (provided notice is on time)
3. Hearing for conviction appeal is a complete rehearing of the case
4. Hearing for sentence is a complete rehearing of the sentencing hearing
5. Hearing heard by one judge (Circuit or Recorder) and between 2-4 magistrates
6. Crown Court may confirm, reverse or vary any decision
7. Crown Court will have maximum sentencing powers that were available to Magistrates Court
By way of case stated (to the High Court):
1. On the grounds that Magistrates were wrong in law or acted in excess of their powers
2. Lose right to appeal to Crown Court
3. Serve notice within 21 days of decision
4. Magistrates Court can refuse (can then be challenged by judicial review)
5. Hearing consists of legal arguments only
6. Hearing heard by 2-3 judges
7. High Court can:
reverse, affirm or amend Magistrates’ Court decision
remit to Magistrates’ Court with opinion of High Court
8. Potential further appeal to Supreme Court
## Footnote
The appeal can be against conviction or sentence, and is a complete rehearing.
50
What must the prosecution show to appeal a terminatory ruling?
That the ruling was wrong in law and that continuing the trial is in the interests of justice
## Footnote
This allows the prosecution to challenge rulings that stop the trial from proceeding.
51
Under what conditions can a retrial be sought for serious offences?
New and compelling evidence and the DPP (director of public prosecutions, head of the CPS) consents.
## Footnote
This is permitted under the Criminal Justice Act 2003 for serious offences such as murder and rape.
52
What can the prosecution appeal under the Criminal Justice Act 2003?
A ruling by the trial judge that terminates the trial and a retrial for serious offences.
53
What offences allow for a retrial under the Criminal Justice Act 2003?
Murder, rape, terrorism
## Footnote
These are examples of serious offences for which a retrial can be sought.
54
What must the DPP do for double jeopardy retrials?
Give personal consent before the prosecution can apply to the Court of Appeal.
55
What does the Court of Appeal need to do for a retrial to occur?
Quash the original acquittal and order retrial.
56
What is the purpose of references by the Attorney-General?
1. On a point of law following acquittal
AG may refer a point of law to the Court of Appeal following an acquittal.
Purpose: to clarify the law; does not affect acquittal.
2. Reference for review of sentence for indictable offence
AG may refer a sentence to the Court of Appeal where it appears unduly lenient (indictable offences only).
Court of Appeal may increase sentence.
Examples: serious sexual offences, violent offences, terrorism, etc.
57
What can the Attorney-General refer to the Court of Appeal?
A sentence that appears unduly lenient for indictable offences. AND a point of law to the Court of Appeal following an acquittal to clarify the law
58
What is the role of the Criminal Cases Review Commission (CCRC)? When can they refer a case to the CoA?
To consider potential miscarriages of justice.
Will investigate and may refer case to Court of Appeal if there is:
o Real possibility conviction/sentence would not be upheld.
o Usually requires new evidence or argument not raised at trial/appeal.
59
Who can apply to the CCRC?
Anyone convicted, including those who have exhausted normal appeal rights.
60
What kind of evidence is typically required for the CCRC to refer a case?
New evidence or argument not raised at trial/appeal.
61
What is the meaning of 'youth/juvenile' in the context of youth courts?
Anyone under the age of 18.
62
What is the general rule regarding the trial of youth offenders?
A youth must be tried summarily in youth court.
63
What are the exceptions for a youth being sent to the Crown Court?
If they turn 18 before the first appearance, after first appearance, or during trial.
64
What are specified offences that can lead to a youth being sent to the Crown Court?
Manslaughter, wounding, robbery, rape, sexual assault.
65
What is the maximum custodial sentence the Youth Court can impose?
Detention and Training Order (DTO) of up to 24 months.
66
What is a Youth Rehabilitation Order (YRO)?
A community-based disposal with flexible requirements.
67
What is the purpose of referral orders for first-time offenders?
To agree on a contract for reparation and rehabilitation.
68
What is the maximum fine for a child in youth court?
£250.
69
What is the two-year test in youth court?
Determines if there is a real prospect of a sentence in excess of 2 years detention.
70
What happens if the two-year test is met?
The case must be sent to the Crown Court.
71
What must the youth court do when a youth pleads guilty for a grave crime?
Consider the sentence unless the two-year test is met.
72
What is included in a defence statement?
Nature of defence, particulars of any specific defence, agreed facts, legal basis, and key parts of prosecution case disputed.
73
What is required for introducing evidence of bad character?
It must have substantial probative value in relation to a matter in issue.
74
What must the court consider regarding the probative value of bad character evidence?
Nature and number of events, timing, and similarities/dissimilarities.
75
What is the significance of previous convictions in relation to self-defence?
They can demonstrate the complainant's propensity for violence.
76
What is the relevance of good character for the defendant in a self-defence case?
It supports the claim of acting in self-defence against an assault.
77
What bail conditions might the court impose to mitigate risk?
Curfew/electronic tag, residence requirement, reporting to police station, non-contact with witnesses, passport surrender, security (money lodged).
78
When can prosecution appeal a bail decision?
Only for imprisonable offences — to Crown Court if magistrates grant bail for indictable offence; must show legal error or misapprehension of risk.
79
What is the difference between s76 and s78 PACE?
s76 = mandatory exclusion (oppression/unreliability). s78 = discretionary exclusion where admission would adversely affect fairness.
80
What is a voir dire?
A mini trial in absence of jury to decide admissibility (e.g. confession/ID) with judge alone deciding.
81
When is a Turnbull warning unnecessary?
Where ID is not the central issue or where there is supporting non-visual evidence — depends on judge’s assessment.
82
What are the statutory hearsay gateways in criminal law?
s116 CJA 2003 (unavailable witness) and s117 (business documents); plus res gestae and interest-of-justice discretion.
83
What factors are considered under the ‘interest of justice’ hearsay gateway?
Probative value, availability of oral evidence, importance of matter, circumstances of making, reliability, challengeability, prejudice.
84
What are the key Hansen factors for propensity bad-character admissions?
Whether propensity is established, whether it makes offending more likely, number/age/seriousness of convictions, strength of prosecution case, individual circumstances.
85
What notice must prosecution give to rely on bad character evidence?
Statutory notice (timings differ by court) — defence can object and seek a hearing.
Prosecution must give notice at least 20 business days(MC)/10 business days(CC) after not a guilty plea
Defence can object by application within 10 business days of notice
Court may hear application to determine immediately or adjourn
Defence can serve notice to adduce bad character as soon as practicable, but before evidence is given
86
What is s34 CJPOA 1994 (silence when questioned/charged)?
Allows adverse inference where D later relies on a fact at trial which they failed to mention when questioned/charged (subject to safeguards).
87
What is s35 CJPOA 1994 (failure to testify at trial)?
Allows adverse inference if D fails to testify when it was reasonable to expect them to do so (with safeguards).
88
What are s36/37 CJPOA 1994 warnings?
Special warnings about failure to account for objects/marks or presence at a place; failure may allow adverse inference.
89
What is “used material” vs “unused material”?
Used = material relied on at trial; Unused = material not used — both may need disclosure if relevant or potentially undermining.
90
What must a defence statement contain (Crown Court)?
Nature of defence, matters in issue, reasons for disputing prosecution evidence, witnesses intended to call (and alibi details).
91
What are the sanctions for prosecution failure to disclose?
Possible stay/abuse of process, quashed convictions, retrial, mistrial — very serious.
92
What is VIPER and why is it preferred?
Video ID procedure using filmed suspect + foils; preferred because it standardises conditions and preserves record for disclosure.
93
What are the default hierarchy of ID procedures (Code D)?
VIPER → identification parade → group ID → confrontation (last resort).
94
What is the maximum sentence reduction for an early guilty plea?
Up to 1/3 (reduction decreases the later the plea is entered).
95
What is the test for sending a youth to Crown Court (two-year test)?
Whether there is a real prospect of a sentence > 2 years; if yes, send to Crown Court.
96
What is the purpose of a pre-sentence report (PSR)?
o Pre-sentence report (PSR) may be requested by court to gather information on offender’s background and circumstances, risk assessment, suitability for community order/rehabilitation
It's prepared by probation officer
Often ordered where custody is being considered or more background info needed
97
What must the CPS do before applying for a double-jeopardy retrial?
Obtain personal consent of the DPP and show new and compelling evidence (CJA 2003).
98
What is an IOJ test (in context of severing/joins)?
Whether separate trials would cause injustice to witnesses or the case overall.
99
What must be considered when deciding whether to exclude identification evidence after breach of Code D?
Whether admission would make the trial unfair (s78) — judge may admit with directions or exclude.
100
What are the core elements to prove for robbery?
Theft + force or threat of force immediately before or at time of stealing, and force used to steal.
101
What is the thin-skull rule?
D takes V as they find them — pre-existing vulnerability that worsens harm does not negate liability.
102
What are the differences in intoxication defences between specific and basic intent offences?
Voluntary intoxication can negate MR for specific intent offences (if incapable of forming it) but not for basic intent offences (voluntary intoxication is reckless).
103
What must an accomplice (accessory) prove to be guilty?
They must have aided/abetted/counselled or procured the principal, known essential matters, and intended to assist or encourage the principal offence.
104
How can an accomplice validly withdraw?
They must communicate (or take clear steps to communicate) withdrawal to the principal or otherwise neutralise their assistance before the crime is completed.
105
Give the Turnbull direction key points (what the judge should examine).
Reason for warning; circumstances of ID (lighting, distance, duration); any prior acquaintance; any stress/disguise/crowd; number of identifying witnesses; warn jury of risk of mistaken ID.
106
What is the causal link requirement under s76(2) PACE (unreliability limb)?
There must be a causal link between what was said/done and the likely unreliability of the confession.
107
What are the three statutory adverse-inference provisions (brief)?
s34 CJPOA (silence when questioned/charged), s35 (failure to give evidence at trial), s36/37 (failure to account for objects/place after special warning).
108
What are the core elements of loss-of-control (voluntary manslaughter)?
(i) D’s acts/omission from loss of self-control, (ii) qualifying trigger (fear of serious violence or things said/done amounting to extremely grave wrong), (iii) objective standard of person with normal self-control in D’s circumstances.
109
What are the four elements of diminished responsibility (voluntary manslaughter)?
o D suffering from abnormality of mental functioning
o Abnormality arises from recognised medical condition
o Abnormality causes substantial impairment of responsibility
o Abnormality provides explanation for killing
110
What are the elements of unlawful-act (constructive) manslaughter?
Dangerous unlawful act by D; act caused death; act was objectively dangerous (reasonable person would foresee some harm).
111
What are the elements of gross-negligence manslaughter?
Duty of care; breach causing death; breach involved a serious and obvious risk of death; conduct so bad as to be criminal.
112
Give three examples of duties to act (omission liability).
Statutory duty (e.g. OLA), duty arising from contract, duty because D created a dangerous situation (or special relationship, e.g. parent/child).
113
What must a defence statement in Crown Court include about alibi?
Notification of intention to rely on alibi, details of alibi (whereabouts/witnesses), served within specified time to allow prosecution investigation.
114
When may legal-advice or notification of arrest be delayed and who authorises it?
For indictable offences where exercising the right would interfere with evidence/harm others/alert others/hinder recovery — superintendent (legal advice) or inspector (notify someone) may authorise delay (limited, must be justified).
115
Quick advocacy structure for submissions (criminal):
Correct judge title → “If it pleases the court, I appear for X” → confirm documents → brief facts → legal source & test → burden → numbered submissions with authorities → conclusion & invite questions.
116
What statute creates the prima facie right to bail and where is it found?
Bail Act 1976 s4 — D is prima facie entitled to bail unless exceptions or substantial grounds to refuse apply.
117
What must the prosecution disprove for a confession under PACE 1984 s76?
That it was obtained by oppression or by things likely to render it unreliable — prosecution must disprove both beyond reasonable doubt.
118
What does PACE 1984 s78 allow the court to do?
Discretionarily exclude evidence (including confessions/ID) if its admission would have such an adverse effect on fairness that the court ought not to admit it.
119
What are the statutory hearsay gateways and their sections?
s116 CJA 2003 (unavailable witness); s117 CJA 2003 (business documents). Also common-law res gestae and the interests-of-justice discretion.
120
What are the minimum contents/timings for bad-character notice?
Prosecution must give statutory notice of intention to rely on bad character — Magistrates’ Court: 20 business days after not-guilty plea; Crown Court: 10 business days.
Defence can object by application within 10 business days of notice
Court may hear application to determine immediately or adjourn
Defence can serve notice to adduce bad character as soon as practicable, but before evidence is given
121
How many foils must VIPER include and why is recording important?
At least 8 foils of similar appearance; recording standardises conditions, reduces suggestibility and preserves a disclosure record for challenge.
122
What is the photo-spread minimum number and the requirement?
At least 12 photographs, presented to avoid leading the witness.
123
Who may authorise delay of legal advice or notification of arrest and on what grounds?
Superintendent may authorise delay of legal advice (and inspector may authorise delay to inform someone) for indictable offences when exercising the right would interfere with evidence, cause risk to others, alert suspects or hinder recovery of property — must be justified and limited.
124
What are the custody detention review points and maximum detention without charge?
Reviews at approx. 6 hrs, 15 hrs (within 9 hrs of first review), and 24 hrs; 24 hrs without charge, superintendent can extend to 36 hrs, magistrates can extend further so total up to 96 hrs.
125
What is the legal test for oblique intention?
Result is oblique if it was virtually certain to occur and D appreciated that virtual certainty — the jury may infer intention.
Where the result is not the defendant’s primary aim but was virtually certain to occur and the defendant foresaw it as virtually certain.
126
What is the test for an attempt?
(1) D must have intent to commit the full offence; (2) D must do an act which is more than merely preparatory to the commission.
127
What are the key Turnbull factors for visual identification reliability?
Lighting, distance, duration of observation, stress/disguise, prior acquaintance, time lapse between event and ID, number of witnesses — judge must warn jury of risk of mistaken ID.
128
What is the general rule about intoxication as a defence?
Intoxication is not a true defence. It only succeeds if D was so intoxicated that they could not form the mens rea required for the offence.
129
What are the two key distinctions in intoxication law?
1. Voluntary and involuntary intoxication
2. Specific intent and basic intent offences
130
What is voluntary intoxication?
When D willingly takes alcohol or a dangerous drug knowing it may affect them. It can sometimes negate mens rea for specific intent offences but is no defence to basic intent offences.
131
When can voluntary intoxication be a defence to a specific intent offence?
Only if D was so intoxicated that they were incapable of forming the mens rea. If D still formed intent, there is no defence.
132
Why is voluntary intoxication not a defence to basic intent offences?
Because becoming intoxicated voluntarily is reckless, and recklessness satisfies the mens rea for basic intent crimes such as assault, ABH, s20 GBH, and manslaughter.
133
Give examples of specific and basic intent offences.
Specific intent:
* murder
* theft
* robbery
* s18 GBH
Basic intent:
* assault
* battery
* ABH
* s20 GBH
* manslaughter
134
How does intoxication from non-dangerous drugs apply?
If D took the drug properly and had an unexpected reaction, intoxication is treated as involuntary. If D took it recklessly, it is treated as voluntary.
135
What is involuntary intoxication?
Where D becomes intoxicated without knowledge or choice, such as being spiked or suffering an unexpected reaction to medication.
136
When is involuntary intoxication a defence?
Only if D did not form mens rea because of intoxication. If D still formed mens rea, there is no defence.
137
Does D need to lose bodily control to rely on intoxication?
No. Loss of control applies to automatism. For intoxication, D only needs to show they could not form mens rea due to intoxication.
138
What is the process for appealing against a Crown Court decision?
o Against an unsafe conviction:
1. Incorrectly rejecting a submission of no case to answer
2. Incorrectly directing a jury on a point of law
3. Evidence adduced which should have been excluded
4. Excluded evidence which should have been permitted
5. Error in summing up
6. Unnecessary interventions or comments
7. Fresh evidence has been introduced (greatly restricted)
o Appeals against sentence:
1. Wrong in law
2. Manifestly excessive or wrong in principle
o Procedure:
1. If trial judge has granted leave, CoA will hear appeal as a full court
2. If trial judge has not granted leave, D must serve notice of appeal within 28 days from the date of conviction/sentence
Single judge will consider whether to grant leave on the papers
3. Minimum 3 judges for conviction appeals
4. Minimum 2 judges for sentence appeals
139
What are the powers of COA on appeal?
o Powers of CoA:
1. Appeals against conviction:
Allow or dismiss any part of the appeal
Allow the appeal, quash the conviction and order a retrial
Allow the appeal and find the appellant guilty of an alternative offence
o Appeal against sentence:
1. Dismiss the appeal and confirm sentence
2. Allow the appeal and quash the sentence or order
3. Allow the appeal and substitute any sentence which was available to the Crown Court
4. Cannot increase sentence imposed by the trial judge
140
Is absconding an offence? What about breaching bail conditions?
Absconding (failure to surrender) is a criminal offence. Breach of bail conditions is not an offence, but can lead to: Arrest, Being kept in custody instead of bail, or Tighter bail conditions being imposed.
141
What is the process if bail is denied or challenged?
If bail is denied at the first hearing, the defendant (D) can make a full application to the Magistrates’ Court (MC). If the MC denies the application, D can appeal to the Crown Court (CC).
The prosecution can only appeal a bail decision if the offence is imprisonable. They cannot appeal if the offence is summary-only. If bail is granted at the MC for an indictable offence, the Crown Court can hear the prosecution’s appeal.
The prosecution must show that the bail decision was wrong in law or based on a misapprehension of risk.
142
What happens for indictable-only offences at the first hearing?
The MC deals only with bail and funding. No plea is taken in the MC. The defendant is sent to the CC to enter plea. The first CC hearing is the Plea and Trial Preparation Hearing (PTPH).
143
What must the Initial Details of the Prosecution Case (IDPC) include for summary-only offences? When is it used?
Summary of the alleged offence, Defendant’s criminal record, Any witness statements, exhibits, or other available evidence (depending on the case).
The IDPC is provided before or at the first hearing, and its contents are summarised at the start so the defendant can understand the case, enter a plea, and the court can make decisions on bail or progress the case.
144
What happens on plea for summary-only offences?
If guilty: The court moves straight to sentencing, subject to MC’s powers: Max 6 months’ imprisonment for one offence. Max 12 months total for multiple offences. If not guilty: The case moves to case management (timetables, issues, directions). There may be pre-trial hearings to decide admissibility of evidence.
145
What is the process for either-way offences (plea, allocation, and venue)?
D gives an indication of plea (PBV). If guilty: Court checks its sentencing powers: Max 6 months (summary only), Max 12 months (either-way). If insufficient, case is committed to CC for sentence.
If not guilty: Court holds an allocation hearing. Prosecution representations: Opens with facts; Outlines defendant’s offending history; Submits on venue; Addresses nature and seriousness, including aggravating and mitigating features.
Defence representations: Makes submissions on venue. Defendant may request an indication of sentence (discretionary).
Defendant can elect CC trial. MC = quicker, less formal, less intimidating. CC = higher acquittal rates.
146
Who hears trials in the Magistrates’ Court?
Trials are heard before magistrates or a District Judge.
147
List common aggravating factors.
Previous convictions (especially similar/repeat offending). Offence committed whilst on bail, licence, or under court order. Use of violence, threats, or a weapon. Premeditation or planning. High degree of harm (physical, psychological, or financial). Targeting vulnerable victims (children, elderly, disabled). Breach of trust or abuse of authority. Hostility or hate-crime motivation. Leading role in group/organised offending. Attempts to conceal, cover up, or obstruct justice.
148
List common mitigating factors.
Early guilty plea. Genuine remorse and/or steps taken to make amends. Duress or pressure. Provocation. No previous convictions / good character. Minor or limited harm caused. Spontaneous or impulsive act (no planning). Limited involvement / peripheral role. Age and immaturity. Mental illness, learning disability, or vulnerability. Cooperation with police or authorities. Evidence of rehabilitation (employment, treatment, stability).
149
What does s.101(3) CJA 2003 require?
The court must exclude bad character evidence if its admission would have such an adverse effect on the fairness of the proceedings that it ought not to be admitted.
150
When does s.101(3) apply?
Only when the prosecution seeks to use bad character evidence against the defendant.
151
Does s.101(3) apply to co-defendant bad character?
No — because it would otherwise let one defendant hide their record, even when it’s highly relevant to the jury deciding which defendant committed the offence.
152
How must sentencing guidelines be used?
They must be followed as a starting point, unless that would be contrary to the interests of justice.
153
What is the first step in applying sentencing guidelines?
Identify the offence category based on harm and culpability.
154
What are the four main harm/culpability combinations?
Greater harm / higher culpability. Greater harm / lower culpability or lesser harm / higher culpability. Lesser harm / lower culpability.
155
What factors determine culpability?
Low or no culpability (omission). Negligent. Reckless. Deliberate (planned or intentional).
156
What factors determine harm?
1. Low/no harm or high risk of significant harm.
2. Significant harm or high risk of serious harm.
3. Serious harm or high risk of very serious harm.
4. Very serious harm caused.
157
What happens once harm and culpability are identified?
The guidelines give a starting point and range for the offence, which the judge uses as a base before adjustments.
158
What are examples of aggravating and mitigating factors?
Aggravating: previous convictions, offence on bail, group offending, victim vulnerability, use of weapon, targeting public servants. Mitigating: remorse, young age, good character, provocation, cooperation, mental health.
159
What are the reductions for guilty pleas?
1/3 if at first stage of proceedings. 1/4 if after first stage. 1/10 to 0 if on first day of trial.
160
What is the Totality Principle?
The Totality Principle means that when a court sentences an offender for more than one offence, the overall sentence must be just and proportionate to the total criminality of the offender regardless of if they are consecutive or concurrent.
161
When are sentences consecutive?
Offences under unrelated circumstances;
Similar offences where concurrent would not reflect total criminality;
Where one offence has a statutory minimum that must stand.
162
When are sentences concurrent?
Offences from similar incidents or facts; Series of same or similar offences.
163
What must the court consider when sentencing violent or sexual offences?
Dangerousness, which may lead to extended or minimum sentences.
164
What is the purpose of a Victim Impact Statement (VIS)?
Allows the victim to explain physical harm, emotional/psychological harm, financial loss, and effect on daily life/family.
165
How should the court treat VIS?
It must consider it, but the sentence must remain proportionate. The court may disregard parts that go beyond the victim’s experience (e.g. recommending a sentence).
166
What must the judge do when sentencing?
Give reasons for the decision and explain how the sentence is proportionate and consistent with the guidelines.
167
What are the main types of sentence?
Custodial – last resort, can be suspended (14 days–2 years).
Community – flexible; aims to punish and rehabilitate (e.g. unpaid work, curfew, treatment).
Fines – means-tested, can be paid in instalments; used for less serious offences.
Conditional discharge – no punishment unless a further offence is committed within up to 3 years.
Absolute discharge – conviction recorded but no punishment (for trivial offences).
168
When is imprisonment appropriate?
Only when the offence is so serious that custody is the only way to reflect its seriousness.
169
What must the court do before imposing custody?
Consider whether a community order would be appropriate instead.
170
What are the sentencing powers of Magistrates?
6 months’ imprisonment and unlimited fine for one or more summary-only offences. 12 months total imprisonment and unlimited fine for two or more either-way offences.
171
Explain the following terms: 1) Youth / Juvenile, 2) Young person / Young offender, 3) Child
1) Anyone under the age of 18
2) Anyone aged 14–17
3) Anyone aged 10–13.
172
What is the Youth Court?
The Youth Court is a specialist branch of the Magistrates’ Court, designed to be less formal and less intimidating.
173
What are exceptions to the general rule that a youth must be tried in the Youth Court, based on age?
1️⃣ If the defendant turns 18 before the first appearance, they are sent to the adult Magistrates’ Court for first appearance. 2️⃣ If they turn 18 after the first appearance, the case will be remitted to the Magistrates’ Court. 3️⃣ If they turn 18 during trial, the Youth Court may remit the youth to the Magistrates’ Court for sentence.
174
What are situations where a youth is sent straight to the Crown Court without indicating a plea?
Homicide or attempted homicide offences.
Firearms offences carrying a minimum sentence of 3 years.
Serious fraud or cases involving children, where a notice (effectively an Attorney General certificate) states the case is too serious or complex for Youth Court jurisdiction.
Specified offences where the youth is also deemed dangerous and a custodial term of at least 4 years would be imposed.
Specified offences include: manslaughter, wounding, robbery, rape, and sexual assault.
A dangerous offender is one where the court believes there is a significant risk (more than a mere possibility) to the public of serious harm from further specified offences.
175
When must the Youth Court take an indication of plea for grave crimes?
The Youth Court must take an indication of plea where the offence carries a maximum sentence of at least 14 years, such as: Robbery, Burglary, Section 18 GBH, Aggravated criminal damage, Arson or aggravated arson.
176
What happens after the indication of plea for a grave crime?
If guilty: the Youth Court will sentence unless it considers that its powers are insufficient, in which case it can send the case to the Crown Court. If not guilty: the Youth Court applies the two-year test to decide whether to retain or send the case to the Crown Court.
177
How is the two-year test applied in the Youth Court?
1️⃣ Are the Youth Court’s sentencing powers sufficient (maximum DTO 24 months)? 2️⃣ If convicted, is it likely a sentence of more than two years’ detention would be required? If yes: the case must be sent to the Crown Court. If no: the case remains in the Youth Court.
178
What must the Youth Court consider when deciding allocation for grave crimes?
If the two-year test cannot yet be met because more facts are needed, the Youth Court should retain jurisdiction.
The Youth Court can always commit the case to the Crown Court for sentence later.
The Youth Court must inform the youth that they may be sent to the Crown Court.
A youth has no right to elect jury trial.
179
What are the Youth Court’s sentencing powers and key disposals?
Detention and Training Order (DTO): 4 – 24 months.
Referral Orders (3 – 12 months): For first-time offenders who plead guilty. Require attendance at a Youth Offender Panel to agree on a contract for reparation and rehabilitation. Considered highly effective in preventing reoffending.
Youth Rehabilitation Order (YRO): A community-based disposal with flexible, tailored requirements, which may include: Curfew, unpaid work (if 16–17), activity requirement (education/counselling), Mental health treatment, drug/alcohol treatment/testing, Exclusion requirements.
Fines: Means-tested and lower than adult fines. Maximum £250 (child), £1,000 (young person). Parents/guardians may be required to pay.
Community sentences: flexible combinations of the above requirements.
180
What is the general rule when a youth is jointly charged with an adult?
The youth should normally be tried in the Youth Court, but if jointly charged with an adult, the court applies the Interests of Justice (IoJ) test to decide venue.
181
What are factors the court should consider under the Interests of Justice (IoJ) test?
1️⃣ The age of the youth; 2️⃣ The age gap between youth and adult; 3️⃣ The youth’s lack of maturity; 4️⃣ Relative culpability and role of the youth; 5️⃣ Lack of previous convictions. If the IoJ test is met, the youth joins the adult in the Crown Court. If not met, the youth remains in the Youth Court (or returns there for sentence after a guilty plea).
182
How does the two-year test work when applied to grave crimes?
The two-year test applies where a youth is charged with a grave crime. The court asks: Is there a real prospect that a sentence exceeding two years’ detention will be imposed? If yes: the case must be sent to the Crown Court. If no: the case remains in the Youth Court.
183
What happens when a youth and adult are jointly charged with a summary-only offence?
Both are tried together in the Magistrates’ Court. The youth is sentenced in the Youth Court, unless the MC chooses to impose only a fine or discharge.
184
How are either-way offences handled when they are not grave crimes?
The adult gives Plea Before Venue (PBV). If not guilty, the court allocates the adult. If the MC accepts jurisdiction and the youth pleads not guilty, both are tried together in the MC. If the MC declines jurisdiction, or the adult elects Crown Court trial, the court applies the IoJ test: If met, youth goes to Crown Court with the adult. If not met, youth is tried in the Youth Court. If either pleads guilty, they are dealt with by normal principles.
185
How are either-way grave crimes handled when adults and youths are jointly charged?
Plea Before Venue (PBV) for the youth. If guilty, the Youth Court considers sentence unless the two-year test is met, then it can commit to the Crown Court. If not guilty, the Youth Court applies the two-year test. If the adult pleads not guilty, they go to Crown Court, and the youth goes too if the IoJ test is met. If the two-year test is not met, adult proceeds with PBV, and venue decided accordingly. If the adult pleads not guilty and remains in the MC, the youth also remains there. If either pleads guilty, each is dealt with by normal sentencing principles; for the youth, apply the two-year test.
186
What happens when the offence is indictable-only and both adult and youth are charged?
The adult is sent to the Crown Court. The youth will also be sent to the Crown Court if the offence is homicide or another specified offence. If it is a grave crime, apply the two-year test: If met: youth goes to Crown Court. If not met: If guilty plea, remit to Youth Court. If not guilty, apply the IoJ test to decide if the youth should join the adult in the Crown Court.
SQE2 NOVEMBER
flashcards
Decks in class (18)
# Cards
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Criminal186
-
Wills116
-
Property193
-
Disputes126
-
Business184
-
Ethics and Professional Conduct28
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Tax55
-
Orals1
-
Property Drafting60
-
Disputes Drafting22
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Business - Things to Remember53
-
Wills - Things to Remember32
-
Contract and Tort40
-
Criminal Offences and Defences to Crimes26
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Business - Issuing Shares15
-
Wills - Interview3
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Disputes - Advocacy50
-
Criminal Advocacy51
