Criminal Practice Flashcards

Question

Who should never be an appropriate adult?

Answer 1

Solicitor acting for the juvenile or vulnerable person Police officer or employee Suspect, witness or victim connected to the investigation Person who has received prior admissions from the suspect Estranged parent

Answer 2

1) An accused before conviction when he: - Appears or is brought before a Magistrates' Court or the Crown Court in the course of or in connection with the proceedings fro an offence; or -Applies to the court for bail (or a varation of bail conditions) in connection with proceedings 2) An offender after conviction during adjournment for reports 3) An offender who, after being convicted of an offence, appears or is brought before a Magistrates' Court or the Crown Court for breach: - Of a requirement of a community order - Of a reparation order - Revocation/amendment of a youth rehabilitation order

Answer 3

Most common grounds to refuse bail are that there are substantial grounds for believing that the defendant will: Fail to commit to custody; Commit an offence whilst on bail; or Interfere with a witness to the case

Answer 4

Bail may be refused on the following grounds: Failure to surrender to custody Commission of further offences Fear of comission of offences likely to cause another person to suffer or fear physical or mental injury Defendant's own protection Defendant serving custody They have been arrested for absconding or breaching bail conditions and there are substantial grounds for believing that they would fail to surrender, commit an offence, interfere with witnesses or obstruct the course of justice Lack of sufficient information to determine bail

Answer 5

Bail would be refused on the following grounds: They have been convicted of the offence, having been previously granted bail and failed to surrender and the court believes that they would fail again to surrender to custody if granted bail They should be kept in custody for their own protection or welfar (if they are under 18 years old) They were already serving a custodial sentence They have been arrested for absconding or breaching bail conditions and there are substantial grounds for believing that they would fail to surrrender, commit an offence, interfere with witnesses or obstruct the course of justice.

Answer 6

Nature and seriousness of the offence Character of the defendant Antecendents Associations Community ties Defendant's record in relation to previous grants of bail Strength of evidence against the defendant

Answer 7

Only if such conditions are 'necessary' to: Ensure attendance at court To prevent offending while on bail To prevent interference with witnesses or obstruction of the course of justice For the defendant's own protection To ensure the defendant is avaliable to assist with enquiries or preparation of reports To ensure the defendant attends an appointment with their legal representative before the next hearing.

Answer 8

Non-contact with witnesses Restriction on entering an area

Answer 9

The Justices' Clerk will provide details of: - the case history - Any previous bail hearing decisions The prosecution will provide details of: - the current allegation - any previous convictions -the results of any drug tests -any bail representations The defence will provide details of: -its version of the allegation - the defendant's circumstances -any bail represenations There is no requirement for formal evidence to be given. The court will then consider: -If the right to bail applies -if the offence is indictable only, either-way or summary imprisonable, whether if convicted, there is no real prospect of a custodial sentences being imposed -Whether there are any statutory exceptions to the right to bail

Answer 10

At the first hearing after the intial hearing where bail was refused, a full application for bail using any arguments as to fact or law may be permitted

Answer 11

1) Summary only- least serious - only triable in magistrates court 2) Either-way offences - capable of being tried in magistrates court or crown court depending on seriousness 3) Indictable only- can only be dealt with in Crown Court

Answer 12

- Magistrates may impose a fine of up to £5000 and a sentence of up to three months - Crown Court may impose an unlimited fine and a sentence of up to one year

Answer 13

Apply the widgery criteria: It's likely the applicant will lose their liberty It's likely the applicant will lose their livelihood It's likely the applicant will suffer serious damage to their reputation A substantial question of law may be involved The applicant may not be able to understand the court proceedings or present their own case The applicant may need witnesses to be traced or interviewed The proceedings may involve expert cross-examination of a prosecution witness It's in the interests of another person that the applicant is represented

Answer 14

Considers applicant's financial position, such as their household income, capital and outgoings. The means test determines whether an applicant will be eligible for legal aid depending on the trial venue of the Magistrate's Court or the Crown Court. Defendant's under the age of 18 or on certain government welfare benefits automatically pass the means test.

Answer 15

Prosecution required to serve 'initial details of the prosecution case' which for summary and either way offences broadly includes: 1. Summary of offence and any account given by the defendant at interview 2. The defendant's criminal record 3. Witness statements and exhibits 4. Victim impact statement 5. Medical or other evidence.

Answer 16

Review the initial details of the prosecution case (IDPC) and strength of prosecution case and evidence Interview the client and review their evidence Advise the client on plea (including reduced sentence for early guilty plea) and trial venue Advise the client as to any bail application Make any necessary representation order.

Answer 17

A plea is the response given by a defendant to a charge laid against him by a court. An accused can please guilty or not guilty.

Answer 18

Magistrates Court Guilty Plea - Magistrate will sentence immediately or adjourn for any pre-sentence reports required Not Guilty Plea - Magistrates with adjourn and set a date for trial

Answer 19

Magistrate will sent to the Crown Court due to the seriousness of the offence Guilty Plea - The Court must make arrangements for the Crown Court to take the defendant's plea as soon as possible Not Guilty Plea- The Court must make arrangements for a case management hearing in the Crown Court

Answer 20

The Magistrates must decide whether the offence is more suitable for trial in the Magistrates' Court or the Crown Court. This is known as the allocation decision. Guilty Plea - if the magistrate's sentencing powers are sufficient, the defendant will be sentenced. If not, he will be committed to the Crown Court for sentencing. Not Guilty Plea - The Magistrates will proceed to an 'Allocation Hearing' where the court will take a number of factors into account when determining the trial venue.

Answer 21

Greater chance of aquittal Better procedure for challenging admissability of prosecution evidence More time to prepare for trial Trial by jury

Answer 22

Limited sentencing powers - 6 months for a single offence and 12 months for two or more either-way offences. Faster trial, less formal Smaller contribution to prosecution costs If funding privately, defence costs likely to be less No requirement to serve defence statement to prosecution More options to appeal

Answer 23

The allocation hearing is where the magistrates decide whether the case is more suitable for a summary trial in the magistrates court or a trial on indictment in the crown court.

Answer 24

Hearing consists of two stages: 1) plea before venue stage - which the defendant indicates whether a guilty plea will be entered, and 2) the allocation stage, in which magistrates and the defendant determine whether the case will be heard in the crown court or magistrates court. Proceedings may be conducted by live television link.

Answer 25

The court clerk reads out the charge clerk explains to D that they may indicate if they would plead guilty if the case went to trial, and if they indicate a guilty plea, the court would treat it as such and prcoeed to sentence the clerk asks the defendant for their plea

Answer 26

The court will proceed to sentence immediately Adjourn for sentencing reports; or Commit D to the Crown Court for sentence if the magistrates powers are insufficient; and if the Defendant indcates a not guilty plea or does not give an indication, the court will proceed to an allocation hearing.

Answer 27

Follows immediately after plea before venue: Magistrates decide if they accept jursidiction; If accepted, D is given opportunity to elect CC tria, if they choose CC, it is the end of the allocation hearing as magistrates cannot override this decision; If jursisdiction is declined, then case is sent to CC and the defendant has no choice. In deciding, the magistrates can hear representations from both the prosecution and the defence.

Answer 28

Whether their sentencing powers are sufficient representations of the parties any allocation guidance issues (generally should accept unless likely sentence exceeds their powers); and any relevant previous convictions, likely to increase sentence.

Answer 29

Can ask the magistrates to indicate whether, if they were to be convicted in their court, the magistrates would impose a custodial or non-custodial sentence. It is at the discretion of the magistrates to give an indication. If they do, it is very general. Once they have given an indication, they are bound by it, provided the defendant immediately indicates their guilty plea. It is not binding if the defendant decides to plead guilty at a later stage.

Answer 30

Criminal damage (without arson) becomes summary only if the value of items destroyed or damage is under £5000 = no right to elect CC Low value shoplifting for items under £200 from a shop/business where the defendant is alledging to be a customer, is summary only, but the defendant can still elect a trial in CC.

Answer 31

Testimony- spoken evidence of witnesses and includes evidence given by police officers and expert witnesses. Can be pre-recorded or given by live link under "special measures directions". Documentary evidence - Inlcudes any evidence contained in writing, on a computer, or audio/video recording, if it is not given under oath as part of the trial; and Real evidence - includes any objects, items, or other things that "speak for themselves" i.e. murder weapon

Answer 32

Makes decisions on legal matters including the meaning of the law, the procedures to be followed, the admissability of evidence and any sentence to be imposed following conviction. In the CC, the judge is the tribunal of law. In the magistrates court, the lay magistrates or district judge are the tribunal of law.

Answer 33

Makes decisions on the factual issues in the case In the CC, the jury is the tribunal of law. In the magistrates court, the lay magistrates or district judge are the tribunal of fact as well as the tribunal of law. This means that they make decisions as a tribunal of law, on the admissability of evidence to themselves, as tribunal of fact.

Answer 34

1) Prosecution opening speech 2) Prosecution calls evidence 3) Defence makes a submission of no case to answer, if appropriate 4) Defence call evidence (if they wish) 5) Speeches 6) Magistrates deliberate 7) Verdict with reasons

Answer 35

1) Jury is sworn 2) Prosecution opening speech 3) Prosecution calls evidence 4) Defence makes a submission of no case to answer, if appropriate 5) Defence call evidence (if they wish) 6) Speeches 7) Summing up to jury 8) Jury retires to deliberate 9) Verdict

Answer 36

Submission of 'no case to answer' - application is in the absence of a jury. Two limb test: 1) There is no evidence that the crime alleged has been committed by the defendant 2) Where the prosecution case, taken at its highest, is such that a properly directed jury could not properly convict on it. It might be weak or vague. Prosecution can answer the defence submission no case to answer. If the submission succeeds, the judge should direct the jury to acquit the defendant. Trial may continue if there are outstanding counts.

Answer 37

Prosecution must provide the defence with disclosable material it intends to rely on together with a non-sensitive material schedule. In addition to the duty to serve the IDPC no later than the beginning of the day of the first hearing.

Answer 38

Defence must serve a defence statement - only applies if defendant is facing a trial in the CC. If the defence statement is not provided/late/inconsistent/incomplete the CC may draw an adverse inference against the defendant.

Answer 39

continuing duty imposed on the prosecution to make avaliable any relevant material which meets the disclosure test but which they do not intend to use ('unused material'). The disclosure test is relevant material that might reasonably be considered capable of: Underminding the case for the prosecution; Assisting the case for the defence.

Answer 40

Prove D is guilty beyond reasonable doubt of all elements of the offence, or disprove any specific defence raised by the defence.

Answer 41

Obligation to adduce sufficient evidence on a fact in issue to justify, as a possibility, a favourable finding on that issue by the magistrate or judge. The burden on the prosecution- present sufficient evidence to justify a finding of guilt. If they fail, the defence will make a submission of no case to answer. The burden on the defence will apply where the defence is raising a specific defence. The defence merely has to raise sufficent evidence for the matter to be considered by the court. The burden then passes to the prosecution to disprove the defence beyond reasonable doubt.

Answer 42

Criminal standard - beyond reasonable doubt i.e. must be sure Civil Standard - on the balance of probabilities i.e. more likely than not

Answer 43

Will be excluded if obtained in breach of code D. although not automatic, an applicatiuon to exclude identification evidence on the grounds of unfairness under s.78 PACE must establish: 1) That there has been significant or substantial breach of Code D; and 2) Prejudice has been caused to the defendant as a result.

Answer 44

Apply when the case against the defendant depends wholly or substantially on the correctness of the identification and when that identification is in dispute. Court is required to closely examine the circumstances of the identification i.e. how long the witness had the accused under observation. Where the visual identification is poor i.e. based on a fleeting glance, the guidance states that the judge should withdraw the case from the jury. Failure to follow the guidelines may create grounds for appeal if a defendant is convicted wholly or substantially on disputed visual identification evidence.

Answer 45

The special need for caution before convicting a defendant on the basis of identification evidence and the risks of identification evidence To look closely at the circumstances of the identification by the witness and pay close attention to: - The amount of time the witness had the suspect under investigation - The distance between the witness and the suspect - The lighting conditions -Whether observation was impeded by an obstruction -Whether the witness had seen the defendant before and had any particular reason to remember them -Any delay between intial observation and the subsequent identification to the police, and - Whether there were any discrepancies between the witness's description of the defendant and the defendant's appearance at the time. Any particular weaknesses in the particular identification evidence Even recognition of an already known person can be mistaken.

Answer 46

s.34 - when questioned before cahrge or at the time of charge and failing to mention a fact that he later relies on in his defence or might reasonably be expected to have mentioned at the time s.35- A defendant who fails to give evidence on his own behalf at trial or who refuses to testify s.36- When interviewed by the police, the defendant refused or failed to account for the presence of an object, substance, or mark s.37- when interviewed at the police station, the defendant failed to account for his presence at a particular place or about the time the offence was committed s.38(3) - a person shall not have a case to answer or be convicted of an offence solely on an inference drawn from such a failure or refusal as it mentioned above.

Answer 47

Oral testimony given in circumstances where the witness did not have personal knowledge of the facts 'A statement, not made in oral evidence, that is relied on as evidence of a matter in it'.

Answer 48

Generally inadmissable Can be admitted in the following circumstances: - to allow evidence from an absent witness where the witness is dead, unfit, outside the UK, cannot be found, or is in fear of giving evidence (s.116 CJA). Applies to first hand hearsay not multiple hearsay. - To allow the admission of statements in business documents (s117) - Where there is a preserved common law exception such as res gestae (i.e. 'the statement was made by a person so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded') (s.118) -Where there is an agreement between all parties that hearsay evidence should be admitted (s114(1)(c)) - Where it is in the interests of justice to admit hearsay evidence (s.114)

Answer 49

A confession is defined as including (s.82 PACE): -Any statement wholly or partly adverse to the person who made it - Whether made to a person in authority or not -Whether made in words or otherwise

Answer 50

- Something said during police interview or during any other contact with the police e.g. under arrest or in custody - Comments made during a regulatory or disciplinary investigation - Comments made during civil litigation -Comments made to any third party in almost any circumstance

Answer 51

Confessions by an accused person are admissable as evidence in proceedings against him if: - It is relevant to any matter in issue in the proceedings - It is not excluded by the court under s.76 PACE

Answer 52

If the confession may have been obtained by: Oppression of the person who made it; or In consequence of anything said or done which was likely to render unreliable any confession which might be made by him; The court must not allow the confession to be given in evbidence unless the prosecution proves to the court, beyond reasonable doubt, that the confession was not obtained in these circumstances.

Answer 53

- Confessions obtained as a result of inducement e.g. promise of bail; -Hostile and aggressive questioning -Failure to record accurately what was said -Failure to caution -Failure to provide appropriate adult if required

Answer 54

Where the court considers that the admission of the confession would have an adverse affect on the fairness of the proceedings. Where: -The defendant accepts having made the confession but alleges the police breached the codes or provisions of PACE; or -The defendant denies having made the confession e.g. being apoproached and questioned by the police outside the police station.

Answer 55

Absolute good character - no prev convictions, no other reprehensible behaviours proven against them. No requirement to prove positively good character; and Effective good character- if the defendant has previous convictions or cautions that are not relevant to the charge, or are old/minor. The defendant may be entitled to be treated as effective good character. This is a discretion of the court based on all the evidence and the issues in the trial.

Answer 56

A person of absolute or effective good character is entitled to a full good character direction. There are two limbs: 1) A credibility direction - jury should take D's character into account when deciding whether what they say may be true. 2) A propensity direction- The jury should take the good chracter into account when deciding whether the defendant is likely to have committed the offenced.

Answer 57

a) all parties to the proceedings agree to the evidence being admissible (all parties); b) the evidence is adduced by D himself, or given in an answer to a question asked by him in cross examination and intended to elicit it (defendant); c) the evidence is important explanatory evidence, court would find it impossible or difficult to properly understand other evidence in the case, or where the value for understanding the case as a whole was substantial (prosecution); d) the evidence is in relation to an important matter in issue between the defendant and the prosecution relating to the propensity of the defendant to either: -commit the offences with which he is charged; or -to be untruthful (Prosecution); e) the evidence has substantial probative value in relation to an important matter in issue between the defendant and co-defendant (co-defendant); f) it is evidence to correct a false impression given by the defendant (Prosecution); and g) the defendant made an attack on another person's character (prosecution).

Answer 58

A prosecutor or co-defendant who wishes to introduce such evidence must serve a notice on the court officer and each other party. A prosecutor must serve the notice no more than: Magistrates - 20 business days after the defendant pleads not guilty CC- 10 business days after the defendant pleads not guilty A co-defendant must serve the notice: As soon as reasonably practicable; and in any event Not more than 10 business days after the prosecutor discloses material on which the notice is based.

Answer 59

Apply to the court to determine the objection and serve the application on the court officer and each party, not more than 10 business days after service of the notice. In the application, a party must explain: - Which, if any, facts of the misconduct set out in the notice they dispute; -What, if any, facts of the misconduct that oart admits instead; -Why the evidence is not admissable; -Why it would be unfair to admit the evidence; - Any other objections to the notice.

Answer 60

Give notice, in writing, or orally: As soon as reasonably practicable; and in any event Berfore the evidence is introduced, either by the defendant or in reply to a question asked by the defendant of another party's witness in order to obtain that evidence.

Answer 61

The defendant can apply to exclude evidence of his bad character under either s.101(1)(d) or (g), where it appears to the court that the admission of evidence would have such an adverse effect on the fairness of proceedings that the court ought not to admit it.

Answer 62

In criminal proceedings, evidence of the bad character of a person other than the defendant is admissable if and only if: 1) It is important explanatory evidence; 2) It has substantial probative value in relation to - a matter in issue in the proceedings, and is of substantial importance in the context of the case as a whole, or 3) All of the parties to the proceedings agree to the evidence being admissable.

Answer 63

The deliberations of the jury must be kept privatye the jury should reach a unanimous verdict, although a majority verdict of 11:1 or 10:2 may be accepted, if after at least 2 hours and 10 minutes, a unanimous verdict is not possible.

Answer 64

Lay Magistrate - Sir, Madam, Your Worships District Judge - Sir, Madam

Answer 65

Circuit judge - Your honour High Court Judge- My Lord, My Lady

Answer 66

Examination in chief / re-examination - leading questions are not allowed Cross Examination - leading or closed questions are allowed

Answer 67

At every stage of criminal proceedings, all persona are competent to give evidence. A person is not competent if they are unable to understand questions put to them, or you are unable to put answers to them that they can understand. The exceptions are usually children and those with mentail impairments. A compellable witness who is not willing can be served with a witness summons.

Answer 68

The defendant in their own defence (although adverse inferences may be drawn) The defendant for the co-defendant The defendant's spouse/civil partner unless the defendant is charged with a specifed offence such as 'domestic violence'.

Answer 69

Avaliable to vulnerable or intimidated witnesses such as: Children under the age of 18 Persons suffering from a mental or physical disorder Persons whose evidence is likely to be affected by fear or distress Complainants in sexual offences Witnesses to certain gun and knife crimes

Answer 70

Screening the witness from the defendant Evidence by live link Evidence given in private Video recording of the evidence in chief Video recording of the cross examination and re-examination Examination of a witness through an intermediary e.g. an interpreter Aids to communication Only one avaliable to the defendant is the use of a live link when giving evidence.

Answer 71

Uphold rule of law and adminisration of justice Overriding duty not to mislead the court Duty of confidentiality to the client Requirement that the parties help the court to further the overriding objective i.e. dealing with the case justly and proportionately in so far as is practicable.

Answer 72

- To punish the offender -To reduce crime -To reform and rehabilitate -To protect the public -To make the offender give something back

Answer 73

Determine the sentencing category for the particular offence according to the guideline, and Impose a sentence which is in the offence range according to the guideline but not necessarily the category range (although failure to do so may result in an appeal).

Answer 74

- Use culpability and harm to determine the offence category -Use the offence category to determine a starting point and category range -Adjust the category range according to the aggravation and mitigation -Reduce the setence for a guilty plea -Reduce the sentence for assistance by the offender

Answer 75

Usually reduced by one-third for a plea at the first hearing. If there was not a guilty plea at the first hearing, then the maximum possible reduction is one-quarter. The reduction of sentence for a guilty plea reduces from one-quarter to one-tenth. One-tenth being if the defendant pleads guilty at the last minute i.e. on the day of/during trial.

Answer 76

There is no statutory measure for this type of reduction. It will depend on the facts and, particularly, the quality, quantity, accuracy and timeliness of the information.

Answer 77

Previous convictions (including the nature, relevance, and how historic they are) Offences committed whilst on bail Racial or religious aggravation Hostility based on race, religion, disability, sexual orientation, or transgender identity.

Answer 78

Pre-meditation Targeting vulnerable victims Being under the influence of drink/drugs Use of a weapon Abuse of position of trust Offence committed whilst on license Gratuitous violence

Answer 79

Lack of previous convictions Good character Remorse Age and lack of maturity Role of sole or primary care Offence committed on impulse High degree of provocation led to the offence

Answer 80

Where a person has committed multiple offences i.e. four thefts, they may get one long sentence for all four crimes i.e. two years. If the offences arise out of the same incident or facts, or are part of a series of offences, especially if committed against the same person.

Answer 81

Imposed where the multiple offences arise out of separate facts, they may be similar, but the overally criminality will not be sufficiently reflected by concurrent sentences.

Answer 82

They are of the opinion that: The offence, or The combination of the offence and one or more offences associated with it, Was so serious, that neither a fine alone nor a community sentence can be justified for the office. Must be for the shortest term compatible with the seriousness of the offence.

Answer 83

Where the offender is not imprisoned immediately, given opportunity to demonstrate that they will not reoffend whilst on release. Suspended for a period called 'operational period' during which they may have community requirements. Custodial sentence can only be suspended if it is between 14 days and two years. The sentence can be suspended for up to two years.

Answer 84

Where there is a breach, the suspended sentence will be 'activated' and the offender will have to serve the term of imprisonment unless 'it would be unjust to do so'. The court may: Impose more onerous requirements Extend the operational period Impose a fine.

Answer 85

This type of sentence is passed where the seriousness of the offence does not warrant a custodial sentence and the sentence is suitable to be carried out in the community. There are a range of community requirements that cna be included on an order and at least one must be imposed for the purpose of punishment, or a fine imposed in addition to the order. The requirements include: Unpaid work A curfew Mental health treatment Supervision Residence Prohibiting an activity Alcohol and drug treatment Usually imposed with the assistance of a pre-sentence report which identifies the requirements that would best address the offending behaviour.

Answer 86

When in criminal proceedings the defendant pleads guilty to the offence but there is a disagreement with the prosecution as to the material facts on which the defendant must be sentenced. Purpose is to resolve the dispute and ascertain the correct factual basis for the sentence to be imposed. Burden of proof lies with the prosecution to satisfy the court beyond reasonable doubt that their version of events is correct.

Answer 87

Appeal to the crown court against the conviction or sentence (defendant only) - leave to appear is not required if the appeal is submitted within 15 days from the date of the sentence or the date on which the sentence is deferred. The CC may confirm, reverse, or vary any part of the decision appealed. CC has the power to impose a sentence more or less severe than that given by the magistrates. Appeal to the High Court by way of case on an error of law or a decision taken in excess of jursidiction (by either prosecution or defendant) - Appellant must apply in writing for the magistrates to state the case for the opinion of the high court. App must be made within 21 days of decision made by the magistrates. The magistrates clerk will prepare a draft statement of case and sent to the prosecution and defendants solicitors for review before being lodged with the high court. The hearing at the high court will be confined to points of law based on agreed facts in the statement of case. Any decision of the High Court by way of case stated may be appealed to the supreme court (with leave from either the High Court or Supreme Court) provided it is a point of law of general public importance.

Answer 88

1) Either the trial judge's certificate that the case is fit for appeal must be obtained; or 2) The leave of the Court of Appeal must be sought and obtained. Notice of an application for leave to appeal must be made within 28 days from the date of conviction or sentence. The CoA may give or refuse leave to appeal granting leave to only those cases which raise an arguable point. The single judge will review the application for leave to appeal on the papers submitted without a hearing. If appeal is granted, an appeal will be heard at the CoA (usually 3 judges)

Answer 89

- Quashing of the conviction and enter the verdict of acquittal -Allow an appeal in relation to part of the indictment -Subsitute the verdict - Where the offence is not known to law, quash the conviction as the trial process was a nullity - Order a re-trial where it's in the interests of justice to do so.

Answer 90

Children under the age of 18. Children between 10-13 and 14-17 are normally dealt with by specially trained magistrates in the YC. Exceptionally grave crimes such as homicide or firearms offences committed by 10-17 year olds may be committed for trial at the Crown Court.

Answer 91

Sometimes the YC can sent cases to the CC, this is usually done at the first appearance. This will only happen where the child has an adult co-defendant and if the offence is a serious one.

Answer 92

If youth is aged between 16-17 and is charged with a firearms offence and the youth faced a "mandatory minimum" sentence of 3 years, the case must be sent to the CC for trial.

Answer 93

If adult is going to be tried in the crown court, then the youth, if pleading not guilty, will be sent to the CC for trial if it is in the interests of justice to be tried jointly. Usually in the interests of justice to try them separately, but may not be the case. The fact that the adult and youth need to be sentenced together is not a reason to try them together as the youth can be committed to the CC for sentence for a grave crime. If youth is transferred to CC and convicted there, the CC must consider sending the youth back to the YC for sentencing. This should happen in most cases given the YC's greater expertise in youth sentencing and the power to impose referral orders, but may not be appropriate if a significant sentence is necessary.

Answer 94

If the offence is summary-only or either-way offence for which the magistrates court has retained jursidiction, then the youth will be asked to indicate a plea at the plea before venue hearing. If the youth and the adult plead not guilty, then the adult magistrates court must try the youth. There is no interests of justice test here. If the adult pleads guilty and the youth pleads not guilty, the adult magistrates court may try the youth, or remit the youth to the YC for trial. If the youth pleads guilty, then they will be remitted to the YC for sentencing if the sentence that the adult court can impose is inapropriate for the offence. This is also the case if the youth is found guilty during the trial.

Answer 95

-Whether separate trials will cause injustic to the witnesses or to the case as a whole; -The age of the youth; the younger the youth, the more desirable that they are tried in the YC; -The age gap between the youth and the adult: a substantial gap in age influences in favour of the youth being tried at the YC; -The lack of maturity of the youth -The relative culpability of the youth compared with the asult and whether the alleged role played by the youth was minor; and -The lack of previous convictions on the part of the youth.

Answer 96

- Main aim is to prevent re-offendingby children and young people - The welfarte of the child includes removing them from undesirable surroundings, ensuring proper provision is in place for their education and training; -The best interests of the childshould always be a primary consideration. -When deciding the appropriate sentence, the judge will often ask for a pre-sentence report prepared by the Youth Offending Team.

Answer 97

An option for children who have pleaded guilty. If given a referral order a child is referred to the Youth Offender Panel; The child agrees a contract with the panel; and A referral order can be from 3-12 months. Must be imposed where: The defendant has been convicted of an imprisonable offence the defendant has no previous convictions the defendant has pleaded guilty; and a discharge, a hospital order or custody is not appropriate. If not ALL of the above apply, it is discretionary unless a custodial sentence or discharge is required by law or is more appropriate.

Answer 98

A prison sentence for 12-17 year olds which can be for four months but not exceed a total of 24 months. Childeren aged 12-14 can only receive a detention and training order if they are considered a persistent offender and if court has received a pre-sentence report that addresses custody as a sentencing option; For the first half of the sentence children are in custodfy and for the second half they are supervised by the Youth Offending Team. Breach of the supervsion requirements can lead to the young person being sent back to custody for up to 3 months.

Answer 99

- The juvenile must be aged 12-17 years; -The juvenile must usually have legal representation; -The offence will need to be either a violent or sexual offence or one which an adult could be punished with a term of imprisonment of 14 years or more and that is very likely the child will receive a custodial offence for the present offence; or the juvenile will need to have a recent and signficant history of absconding whilst remanded to the local authority accomodation or youth detention accomodation; or a recent and significant history of committing imprisonable offences whilst on bail or remanded to local authority accomodation or youth detention accomodation. -The court must believe that this approach is necessary to protect the public from death or serious personal injury or to prevent the commission by the juvenile of further imprisonable offences and the risk cannot be managed in the community.

Answer 100

Community sentences given to children and can be tailored to address the needs of the individual child, the risk of harm and risk of re-offending. Each sentence includes different requirements and can last between six months and three years.

Answer 101

YRO with intensive supervsion and surveillance - Under 15 YRO with fostering - Under 15 DTO - 12-14

Answer 102

- Activity requirement (max 90 days) -Supervision requirement -Unpaid work (16-17 year olds only (40-240 hours)) -Programme requirement -Attendance centre requirement (max 12 hours for children aged 10-13; between 12 and 24 hours for 14-15 year olds; and between 12 and 36 hours for 16-17 year olds) -Prohibited activity requirement -Curfew requirement (max 12 months and between 2-16 hours a day) -Exclusion requirement (max 3 months) -Residence requirement (16-17 year olds) -Local authority residence requirement (maximum 6 months but not for any period after young person attains age of 18) -Mental health treatment, drug treatment, drug testing (14-17yrs old) -Intoxicating substance treatment - Education requirement.

Answer 103

A fostering requirement - max 12 months D is in the care of a different foster parent. Only imposed if where D lived at the time was a factor to the commission of the offence. An intensive supervsion and surveillance requirement- includes between 90-180 days of extended activity requirements plus supervion and curfew and electronic monitoring requirements.

Answer 104

a residence requirement an unpaid work requirement (between 40-240 hours), or an attendance centre between 12 and 36 hours.

Answer 105

places a youth offender under an obligation to carry out up to 24 hours of supervised reparation, either to a person or the community over a three month period. Where a fine is imposed, the court must order the parent or guardian of a child under 16 to pay it and may do so for a child aged 16 and over.

Criminal Practice Flashcards

(130 cards)