Grounds of refusing bail?
What factors will be looked at?
Likely to reoffend.
Likely to abscond.
Likely to interfere with witnesses?
Previous convictions, allegiances, bail history, seriousness of offence.
Grounds of admitting bad character evidence?
- Important explanatory.
- Issue in contention between parties.
- Probative value contention between Co-Ds.
- Defendant gave evidence.
- Defendant attacked someone’s character.
- Correct false impression given by D.
- Agreement of both parties.
Grounds of admitting hearsay?
- Confession.
- Statutory: Witness dead, unavailable, outside UK, afraid. Documents in business passed on.
- Parties agree.
- Spontaneous reflection statement closely associated to the event as the event controlled the statement.
- Court thinks it is in interests of justice.
Inadmissible confession?
- Improper if obtained via oppression.
- Unreliable if Code C of PACE wasn’t followed. (Inducement to confess, no legal advice, D unwell).
What is CODE D?
Eight suspects. Scars concealed or replicated on all. Investigating officer not present. Suspects should be separated before.
Rights upon arrest?
- Legal advice.
- Inform someone of arrest.
- Consult codes of practice.
- Know the offence.
Aggravating seriousness?
- Vulnerable victims.
- Gang-related.
- Racial or religious.
- Weapon.
- Previous sentences.
- While on bail.
Mitigating seriousness?
- Impulsive.
- Out of fear.
- Mental illness.
- Particularly young or old.
- Made reparation to victim.
When does youth go to Crown Court?
- Homicide.
- 16 with weapon.
- Grave crimes MAY go. 14 years or more sentence.
- If co defendant adult going to CC, juvenile MAY.
When can the court give youth a detention and training order?
Between 12 and 14, only if they are persistent offender.
Above 14, 3ady.
How long is a detention and training order?
4 to 24 months.
When can a youth receive longer custodial sentence?
Violent or sexual or 14 years or more.
When MUST a referral order be imposed?
Youth offends for first time and pleads guilty. Referral order is contract of commitments.
Timeline for claim?
1) Serve claim form within four months of issue from the court (six if out of UK).
2) Acknowledge within 14 days of service.
3) Serve defence within 28 days of service.
4) Parties fill out directions questionnaires. Case management conference if multi-track.
5) Standard disclosure Form N265. Witness statements.
6) Trial
Steps in trial prep?
1) Trial questionnaire filled out no later than eight weeks before trial.
2) Claimant solicitor prepares trial bundle between seven and three days before trial.
3) Trial
Trial process?
1) Opening speech by claimant.
2) Examination in chief of claimant witnesses.
(Potential no case to answer)
3) Cross of claimant witnesses.
4) Closing speech by defendant.
5) Judgement.
Sentence discounts?
One third at first stage.
One quarter before first day of trial.
One tenth ON first day of trial.
Hour periods in detention?
6 hours of detention being authorised.
9 hours of first review (second review)
24 hours from arrival. (Superintendent extends)
36 hours from arrival (MC extends)
72 hours from arrival (MC extends extension)
96 hours (release).
What is a Tomlin order?
Proceedings are stayed on agreement and each party will have right to apply to court to have settlement enforced.
Possible conditions of bail?
- Surety - a third person enters into a recognisance of money and is under an obligation to use every reasonable effort to ensure that the defendant attends court.
- Security - defendant deposits a sum of money.
- Reporting to police station on regular basis.
- Residing at specified address.
- Residential curfew.
- Non-communication with witnesses.
- Restriction on entering specific areas.
- Attending appointments with solicitor.
- Surrender of Passport.
Court’s general Section 78 powers to exclude evidence?
The court may refuse the admission of the evidence which would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
Court’s specific Section 76 powers to exclude a confession?
Under S 76 of PACE, confession evidence obtained through oppression of the defendant or in consequence of anything said or done which would render the confession unreliable shall not be admitted as evidence.
What are grounds for applying for interim payment?
The grounds are that the defendant has admitted liability, the claimant has obtained judgment for damages to be assessed, and the court is satisfied that at trial the claimant would get a lot of money.
What are the grounds for applying for an injunction?
The four factors the court will take into account is whether there is a serious question to be tried, if damages are adequate, if the balance of convenience lies in favour of granting or refusing the injunction and any other special factors.
