SQE 1 FLK 2 > Criminal Practice > Flashcards

Criminal Practice Flashcards

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1
Q

What’s the longest a suspect’s right to legal advice can be detained?

A

36 hours

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2
Q

When must an identification procedure be held?

A

1) a witness has identified or purported to identify a suspect

2) a witness expresses an ability to identify a suspect or

3) there is a reasonable chance of a witness being able to identify a suspect

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3
Q

Do Turnbull warnings only relate to the identification of people? What about objects?

A

Yes
Only people

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4
Q

Who can authorize the delay to legal advice?

A

A police officer of the rank of superintendent or above

And in writing

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5
Q

How long can the suspect’s right to notify someone of their arrest be delayed?

A

36 hours max

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6
Q

Who can authorize the delay for a suspect’s right to notify someone of their arrest?

A

A police officer of the rank of inspector or above

In writing

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7
Q

What is the longest a suspect’s can be kept in custody without being charged?

A

24 hours

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8
Q

What are the first and further extensions to keep a witness in custody without being charged?

A

First extension: +12 hours (36hours)

Further extension:
- first application: +36 hours
- second application: + 24 hours

Total: 96 hours

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9
Q

Under PACE what is the test that a court should apply in deciding whether to exclude identification evidence?

A

Whether it’s admission would have such an adverse effect on the fairness of trial that it ought to be excluded

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10
Q

What are the four types of identification procedures?

A

Video identification
Identification parade
Group identification
Confrontation

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11
Q

In which of the identification must the suspect and their solicitor have the chance to raise reasonable objections?

A

Video identification

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12
Q

In which identification procedure is the suspect’s consent not needed?

A

Group identification

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13
Q

What are the possible objections to admission of video identification? (4)

A
  • failure to take into account count reasonable objections to the appeal of others
  • failure to keep W away from S
  • failure to keep Ws apart
  • failure to warn Ws that S might not be shown at all
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14
Q

While the police officer has no duty to provide a legal representative with evidence, what kind of information must they provide them with?

A

Sufficient information for the representative to understand the nature of the offence and

reasons why the detainee is under suspicion

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15
Q

What are the suspect’s options in an interview (3)

A
  • answer questions
  • decline to answer questions or
  • hand in a written statement and decline to answer any further questions
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16
Q

When can the defendant for a murder charge be granted bail?

A

There is no signification risk that they would commit an offence likely to cause physical or mental injury to another person

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17
Q

After a non-guilty plea for a summary offence, how long after is the date of trial set?

A

6 - 8 weeks hence

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18
Q

When is the means test automatically satisfied?

A

D is
- under 18 or
- in receipt of:
—Income support, income based job seekers allowance, state pension, or, income related support allowance

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19
Q

When will an either way offence be sent to the Crown Court without plea before venue?

A
  • D or co-D is charged with an indictable only offence along the either way offence
  • serious or complex fraud case or involved child witnesses best protected by crown court trial
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20
Q

When will the hearing take place within 14 days do the matter being sent to the Crown Court?

A
  • trial will likely last more than 4 weeks
  • there are case management problems to address
  • early trial date is needed
  • a D is under 18
  • likely to be an early guilty plea
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21
Q

In the Magistrates court, when must the prosecution serve its evidence where there is a non-guilty plea?

A

Often Within 28 days

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22
Q

In the Magistrates court when must the defence serve a defence statement?

A

Within 14 days of receiving the schedule of unused material

Note: that there is no ongkigation to serve one in this court

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23
Q

In the Magistrates court when must the defence notify prosecution of which witnesses are required to attend?

A

Within 7 days of receiving the schedule of unused materials

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24
Q

In the Crown court, how long does the defence have to serve a defence statement?

A

28 days from the prosecution’s disclosure

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25
When does Crown court plea and trial preparation hearings take place?
28 days after being sent form the Magistrates court
26
How long does the prosecution have to disclose material including unused material in the crown court?
50 days If D is on bail: 70 days
27
What is turnbull warning?
warning given to the jury by the judge: - mistaken witness can be convincing and honest - several witnesses can all be mistaken - consider circumstances in which the witness identified D and - refer to particular weaknesses with identification evidence considering the ADVOKATE factors
28
When is a turnbull warning required?
When the prosecution’s case depends wholly or substantially on the correctness of one or more identifications of the accused which the defence alleges to be mistaken
29
When must the judge provide an enhanced (highly detailed) turnbull warning?
- When a witness claims to recognize someone they know: that close friends can be mistaken in recognition - when the ADVOKATE factors are poor - a witness has poor eyesight or under influence of alcohol (frail witness) - police failed to follow the PACE Code D procedures
30
What is the test for bail
1) there is an exception to the right of bail and 2) there is a real prospect of a custodial sentence being imposed if convicted
31
What appeals does the Crown Court hear?
Appeals against sentence and conviction from the Magistrates court
32
Note: on solicitors failure to act properly during interview
Although it may result in them being expelled from the interview, it is unlikely to result in the exclusion of the interview from evidence or trail
33
What can an adverse inference be drawn from? (3)
- failure to answer questions in interview - failure to comment upon charge - failure to give evidence at trial
34
Note: what happens when a vulnerable suspect declines having an adult present?
An adult should be made present anyway
35
When does the witness need to and not need to attend court in relation to hearsay evidence?
Don’t need to attend when: hearsay statements that have admitted by agreement of the parties Need to attend when: a witness’ statement is challenged or Other party wishes to extract further evidence by questioning
36
The defendant’s spouse or civil partner’s competence and compellability
Defence: competent and compellable unless jointly charged Prosecution: competent and not compellable unless offence involves: - assault - injury/threat of injury to spouse or a child under 16 - sexual offence on a child under 16 - attempting, conspiring, aiding or abetting those crimes
37
The defendant’s competence and compellability
Prosecution: neither Defendant : competent but not compellable
38
The co- defendant’s competence and compellability
Defence: competent but not compellable Prosecution: neither HOWEVER if they plead guilty or case against them is dropped: - competent and compellable for either party
39
What is the standard the court uses to decide whether to exclude evidence obtained by police officers in breach of their duties under PACE?
The evidence MAY be excluded if it will have an adverse effect on the fairness of the proceedings
40
What is a Newton hearing?
A 'mini-trial' held before a judge or magistrate without a jury to resolve factual disputes following a guilty plea m
40
What is meant by Grave crimes?
Offences punishable in the adult court by a sentence of 14 years or more (robbery, rape, or certain sexual offences)
41
42
Who is entitled to good character evidence?
- Absolute good character: D with no previous convictions or cautions. Both limbs - Effective good character: D who has old, minor, or irrelevant convictions. Usually receive both limbs - Bad character: D with relevant or recent convictions. No entitlement, bad character evidence instead
43
Evidence of D’s bad character is generally inadmissible unless it passes through one of the seven gateways, what are they?
a) Agreement b) Adduced by D c) Important explanatory evidence (of substantial evidence to understanding the case) d) Relevant to an important matter in issue (shows a propensity to commit crimes of the kind charged) e) Co-defendant issue ( one D blames another D) f) Evidence to correct a false impression g) Attack on another person’s character
44
What are the modes of address in the Magistrates court?
Individual magistrates: judge The bench collectively: Your Worships District judge: sir or madam
45
What are the modes of address in the Crown Court?
Judge: Your Honour or His or her Honour Judge ‘surname’
46
What does the totality principle state?
The overall sentence must not be disproportionate to the overall seriousness of the offending behaviour
47
Mandatory aggravating factors, discretionary aggravating factors, and the mitigating factors
Mandatory: attacks the legal system, attacks a protected party Discretionary: factors that make the crime worse in a moral sense, such as a crime planned rather than in the heat of the moment, targeting a vulnerable victim, using a weapon, abuse of position etc.. Mitigating factors: factors taken into account to lower the sentence from the starting point. Only mandatory one is a guilty plea. Factors such as personal circumstances, god character, age, provocation
48
What are the limitations to a sentence being suspended?
- At least 14 days and - 2 years max
49
Who can appeal to the Crown Court and on what?
D on sentence and conviction (only if no guilty plea) P cannot appeal
50
Who can appeal from Magistrates Court to the High Court and on what?
Both D and P On grounds that the decision is: - wrong in law or - in excess or jurisdiction No rehearing of evidence Only legal arguments
51
Who can appeal from Crown Court to the Court of Appeal and on what?
P but only on rulings made by the judge throughout trial, not on decision made by jury to acquit D D may appeal against conviction or sentence - must obtain leave by either court - if by CA: within 28 days of decision An appeal against conviction is only on the grounds that it is UNSAFE
52
When must the defendant lodge a written notice to the Magistrates Court for appeal?
Within 15 business days
53
May the Magistrates Court decline a timely appeal?
No
54
What must the Youth Court conclude to decline jurisdiction?
That there is a real prospect of a custodial sentence of substantially more than 2 years
55
When must the application to appeal to the High Court be lodged and what should it include?
Within 21 days of the appealed sentence/conviction Must include the point of law subject to appeal
56
When must a referral order be made?
- D pleads guilty to an imprisonable offence And - has not been convicted of an imprisonable offence before (Unless absolute charge or custodial sentence will be imposed)
57
When may a referral order be made?
- D pleads guilty to some but not all offenses Or - has previously received a referral order
58
When can a referral order not be made?
- D pleads not guilty to all offences but is convicted after trial
59
The availability of detention and training orders for youth offedors
- 10 - 11: not available - 12 - 14: available where sentenced on 3 occasions for an offence punishable by imprisonment - 15 - 17: case is so serious that only a custodial sentence is justified
60
What is the test under PACE ind deciding whether to exclude identification evidence?
Its admission would have such an adverse effect on the fairness of trial that it ought to be to be excluded
61
Rule on bail hearings
Court must consider bail at each hearing But D may only make one further bail application based on the same facts (so 2) But may make an additional request for bail where there is a change in circumstances
62
What reduction does D get on their sentence for early guilty plea?
1/3
63
When does the mandatory exclusion apply?
Only for gateway d and g: - Relevant to an important matter in issue - attack on another person’s character On the conditions that: - D makes an application to exclude it and - would have such an adverse effect on the fairness of the proceedings that the court must not admit it
64
When does the discretionary exclusion apply?
To any type of prosecution evidence: - bad character (save for gateway d and g) - identification or - confessions
65
What’s the longest a youth rehabilitation order can last for?
Up to 3 years
66
What is the standard investment criteria that PRs must have regard to? - suitability and diversity of investments
67
Res gestae
A common law doctrine that allows for the admission of hearsay evidence that would otherwise be inadmissible Statement is made so spontaneously and closely associated with an even that the possibility of fabrication or error is considered highly unlikely
68
How does the crown court determine the seriousness of offences?
Considers D’s culpability (degree of responsibility or blameworthiness) and the harm caused, intended or that might foreseeable have been caused to others
69
In the Magistrates Court when must prosecution provide initial details of the prosecution case to the defendant?
D on bail: as soon as is reasonably practicable and no later than the beginning of the day of the first hearing D in custody: at first hearing
SQE 1 FLK 2
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