1
Q
YOUTH COURT
- WHAT IS IT
- AGES
- WHO PRESIDES OVER IT
A
- SPECIALIST COURT FOR CHILDREN 10-17
- LESS FORMAL THAN ADULT COURTS
- PRESIDED OVER BY 3 MAGISTRATES OR A DISTRICT JUDGE
- UNDER 16S MUST ATTEND WITH A PARENT OR GUARDIAN
2
Q
YOUTH COURT
- SENTENCES AVAILABLE
A
- REFERRAL ORDERS (WHERE D PLEADS GUILTY TO A CUSTODIAL OFFENCE)
- DETENTION AND TRAINING ORDER (CUSTODIAL OFFENCE)
- YOUTH REHABILITATION ORDER
- DETENTION ORDER (GRAVE CRIMES)
- FINE/COMPENSATION ORDER
- REPARATION WORK TO FIX DAMAGE/HARM
- COSTS ORDER
3
Q
WHEN DO YOU HAVE TO USE CROWN COURT RATHER THAN YOUTH COURT
A
- CC MUST BE USED IF D CHARGED WITH MURDER/ MANSLAUGHTER /OR FIREARMS OFFENCE
4
Q
WHEN CAN YOU USE CC RATHER THAN YOUTH COURT
A
- MAY BE USED IF D CHARGED WITH A ‘GRAVE CRIME’ + REAL PROSPECT OF A DETENTION ORDER EXCEEDING 2 YEARS
- D IS A ‘DANGEROUS OFFENDER’
- JOINTLY CHARGED WITH ADULT + ADULT SENT TO CC + NECESSARY IN INTERESTS OF JUSTICE
5
Q
youth- WHEN MUST YOU BE TRIED IN THE MAGISTRATES COURT
A
- IF JOINTLY CHARGED WITH ADULT AND IF ADULT AND YOUTH BOTH PLEAD NOT GUILTY
- OTHERWISE GENERAL RULE IS TRIAL IN YOUTH COURT
6
Q
When may you appeal to the crown court if you have been convicted in the mags
A
- if pleaded guilty- can appeal agains the sentence
- If pleased not guilty- can appeal against conviction/sentence
7
Q
Who hears an appeal from mags court?
A
recorder or a circuit judge who will sit with an even number of magistrates
8
Q
can the prosecution appeal to the crown court against the acquittal of D or sentence imposed
A
no- can appeal to high court on a fact of law though
9
Q
procedure for appeal against conviction and/or sentence (mags court to crown court)
A
- file a notice of appeal with both mags court and CPS not more than 15 business days from the mags passing sentence
- if they miss the 15 days then the Crown court judge has discretion to extend this time limit
10
Q
what does the crown court have power to do once hearing an appeal
A
- confirm
- reverse
- vary
- can’t impose a sentence that is longer than one the mags could give
11
Q
appeal to the high court by way of case stated - what are the two ways you can do this?
A
- if the decision made is wrong in law
or - the mags have acted outside their jurisdiction
12
Q
procedure for someone wishing to appeal by case stated
A
- must apply to mags within 21 days of the relevant decision being made
- normally done by writing
- must identify point of law they’re arguing
- mags then have to state a case for the opinion of the high court
13
Q
Appeal hearing at high court
- who hears it?
- what kind of info is given?
- powers of the court?
- further appeal?
A
- divisional court of Kings bench division
- 3 judges
- no witness evidence- case just confined to the legal argument based on agreed facts set out in the statement of case
- can reverse, vary, or affirm og decision
- both CPS and D can then appeal to Supreme Court on point of law only and has to be in public interest
14
Q
When can you apply for a judicial review of a case?
A
- if mags acted ultra vires (outside their powers)
or - mags have breached rules of fair justice (eg no fair trial)
15
Q
reasons for appeal from crown court by D
A
- failure by judge to direct the jury correctly
- trial judge wrongly admitted or excluded evidence
- trial judge failed to administer correct warnings to jury
- fresh evidence
16
Q
procedure for making appeal against conviction from crown court
A
- must apply within 28 days of the CONVICTION by serving notice of appeal and draft grounds of appeal
- Registrar that handled these papers then gives to a single judge who determines whether or not to allow appeal
- hearing then takes place before full court of appeal (3 judge panel)
17
Q
powers of court of appeal on appeal against conviction
A
- quash conviction and acquit D
- quash conviction and order retrial
- allow part of appeal and dismiss other parts
- find D guilty of alternative offence
- dismiss appeal
18
Q
rule against double jeopardy for application for retrial by CPS
A
retrial is possible on acquittal of defendant for following crimes:
- murder and attempt murder
- manslaughter
- kidnapping
- rape
- arson
- Class A drug charges
19
Q
when can the CPS apply for a retrial from crown court- 2 tests
A
- evidential test- needs to be new and compelling evidence of guilt
- interests of justice test
20
Q
BAIL
- criteria for people get conditional bail?
A
- failing to surrender
- committing offences on bail
- interfering with witnesses
21
Q
BAIL
- procedure for applying for bail at a contested bail hearing?
A
- pros will start by outlining their objections to bail
- identifying the relevant grounds they’re relying on
- applying relevant factors to support that ground
- defence will then try to counter these objections
- usually suggest a package of realistic conditions in support of application
22
Q
BAIL
- how many times can you request bail?
A
- 2 full applications before mags court
- if refused, they can only make another application if they can raise new legal or factual arguments as to why bail should be granted
23
Q
THE LEGAL BURDEN- WHO BEARS THIS AND WHAT DOES IT MEAN
A
- PROSECUTION BEAR THE LEGAL BURDEN OF PROVING D’S GUILT
- STANDARD OF PROOF IS BEYOND REASONABLE DOUBT
24
Q
CAN DEFENCE BEAR THE LEGAL BURDEN AND IN WHAT CIRCS
A
YES- IF THEY RAISE A DEFENCE OF DURESS OR INSANITY
THE STANDARD OF PROOF IS LESSER- BALANCE OF PROBABILITIES
25
EVIDENTIAL BURDEN ON THE PROSECUTION
- THEY HAVE TO RAISE ENOUGH EVIDENCE TO PROVE THERE IS A CASE TO ANSWER FOR
AND
- TO JUSTIFY A GUILTY VERDICT
26
EVIDENTIAL BURDEN ON DEFENCE
- NOT OBLIGED TO RAISE ANY EVIDENCE OF INNOCENCE TO THE COURT
- IF THEY ARE RAISING A SPECIFIC DEFENCE EG ALIBI OR SELF DEFENCE- THEY MUST GIVE SOME EVIDENCE OF THIS
27
WHAT ARE THE TURNBULL GUIDELINES AND WHEN DO THEY APPLY
- SPECIAL GUIDELINES FOR WHEN A WITNESS FOR THE PROSECUTION IDENTIFIES D AS THE PERSON WHO COMMITTED THE CRIME AND D DISPUTES THIS
3 SCENARIOS
- ID EVIDENCE GOOD- JUDGE GIVES TURNBULL WARNING AND TELL JURY IT IS EASY TO BE MISTAKEN
- ID EVIDENCE POOR BUT SUPPORTED- SAME AS ABOVE BUT TO ALSO LOOK FOR SUPPORTING EVIDENCE
- ID EVIDENCE POOR AND UNSUPPORTED- JUDGE MAY ADVISE JURY TO ACQUIT
28
DEFINITION OF HEARSAY EVIDENCE
A STATEMENT, NOT MADE IN ORAL EVIDENCE, THAT IS RELIED ON AS EVIDENCE OF A MATTER IN IT
29
EXAMPLES OF HEARSAY EVIDENCE
- WITNESS REPEATING AT A TRIAL SOMETHING THEY HAD BEEN TOLD BY SOMEONE ELSE
- STATEMENT FROM A WITNESS BEING READ OUT AT TRIAL
- POLICE OFFICER REPEATING A CONFESSION MADE TO THEM BY D
- BUSINESS DOCUMENT BEING INTRODUCED AT TRIAL
30
GROUNDS FOR ADMITTING HEARSAY EVIDENCE
HAS TO FALL WITHIN ONE OF THESE CATEGORIES
- COURT IS SATISFIED ITS WITHIN THE INTERESTS OF JUSTICE
- ALL PARTIES AGREE FOR IT TO BE ADMITTED
- ADMISSIBLE UNDER STATUTE (WITNESS UNAVAILABLE/BUSINESS DOC/STATEMENTS NOT IN DISPUTE)
- AMISSIBLE UNDER COMMON LAW EXCEPTION (RES GESTAE, EVIDENCE OF CONFESSION OR MIXED STATEMENT MADE BY D)
31
CUSTODY CLOCKS- WHEN DOES IT START
ON ARRIVAL AT THE POLICE STATION
OR IF YOU ATTEND AS A VOLUNTEER IT IS FROM YOUR ARREST
32
DETENTION AND REVIEW CLOCKS
WITHIN 6 HOURS OF DETENTION BEING AUTHORISED- REVIEW TO SEE IF DETENTION IS NECESSARY
WITHIN 9 HOURS FROM FIRST REVIEW- REVIEW TO SEE IF DETENTION IS NECESSARY
WITHIN 24 HOURS OF ARRIVAL- MUST BE CHARGED OR RELEASED UNLESS SUPER AUTHORISES CONTINUED DETENTION
WITHIN 36 HOURS- CHARGED OR RELEASED UNLESS MC AUTHORISES WARRANT OF FURTHER DETENTION
WITHIN 72 HOURS- CHARGED OR RELEASED UNLESS MC GRANTS EXTENSION
WITHIN 96 HOURS- CHARGED OR RELEASED
33
PROCESS IF SOMEONE DECLINES A SOLICITOR AT THE POLICE STATION
INSPECTOR OR ABOVE MUST:
- SPEAK TO SUSPECT ABOUT WHY
- ATTEMPT TO CONTACT SOLICITOR
- SUSPECTS REASONS WRITTEN ON CUSTODY RECORD
- SUSPECT CONFIRMS IN WRITING
- INSPECTOR APPROVES THIS IN WRITING
34
WHEN DO YOU NEED TO HOLD AN ID PROCEDURE
- A WITNESS HAS IDENTIFIED OR PURPORTED TO HAVE IDENTIFIED A SUSPECT
OR
- A WITNESS THINKS THEY CAN/ THERE IS A REASONABLE CHANCE THAT THEY CAN IDENTIFY A SUSPECT AND THE SUSPECT DENIES THAT IT WAS THEM
35
WHEN IS IT NOT NECESSARY FOR AN ID PROCEDURE
- SUSPECT ADMITS TO BEING AT THE SCENE OF THE CRIME AND GIVES AN ACCOUNT THAT DOESNT CONTRADICT THE WITNESS
OR
- WHEN IT IS NOT DISPUTED THAT THE SUSPECT IS ALREADY KNOWN TO THE WITNESS
36
WHEN CAN YOU DELAY THE RIGHT NOT TO BE HELD INCOMMUNICADO
- INDICTABLE OFFENCE
- NOT MORE THAN 36 HOURS
- AUTHORISED BY AT LEAST RANK OF INSPECTOR
- REASONABLE GROUNDS FOR BELIEVING IN INTERFERENCE/TIPPING OFF
37
CONDITIONS FOR A LAWFUL INTERVIEW
- INTERVIEW MUST BE UNDER CAUTION
- SUSPECT MUST BE GIVEN AN OPPORTUNITY TO EXPLAIN ANY EARLIER STATEMENT
- SUFFICIENT INFO BE GIVEN TO SUSPECT
- PRIOR TO INTERVIEW, SUSPECT MUST BE REMINDED OF RIGHT TO LEGAL ADVICE
- ACCURATE RECORD BE MADE
- 8 HOURS REST AND BREAKS THROUGHOUT AT 2 HOUR INTERVALS
38
WHAT ARE NON-INTIMATE SAMPLES
- HAIR
- NAILS
- SWAB FROM NON INTIMATE AREA
- SALIVA
39
WHAT ARE INTIMATE SAMPLES
- PUBIC HAIR
- BLOOD
- URINE
- SEMEN
- DENTAL IMPRESSION
40
WHAT IS NECESSARY FOR NON-INTIMATE SAMPLES
- CAN BE TAKEN WITH/ WITHOUT CONSENT
- REASONABLE FORCE USED
- REASONS WHY AND GROUNDS
- FULLY RECORDED
41
WHAT IS NECESSARY FOR INTIMATE SAMPLES
- SUSPECT MUST PROVIDE CONSENT IN WRITING
- AUTHORITY GIVEN IN WRITING BY INSPECTOR
- MUST BE WARNED THAT A FAILURE TO CONSENT MAY BE GIVEN IN EVIDENCE
- SUSPECT MUST BE GIVEN ALL INFO
- MUST BE TAKEN BY A MEDICAL PROFESSIONAL
42
HOW TO EXCLUDE CONFESSIONS
TWO CIRCUMSTANCES
- OPRESSION
- UNRELIABILITY (EG BEING BRIBED BY THE POLICE)
43
SQE ATTEMPT 2
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