Iso - SQE 2 - Criminal Practice

This class was created by Brainscape user Isobel Hobbs.

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Decks in this class (14)

1. Rights of a suspect being detained by the police for questioning
1. Right to legal advice, 2. Right to have someone informed of arrest, 3. Reviews and detention time limits under PACE 1984, Code C.
42  cards
2. Identification procedures
1. When an identification procedure must be held, 2. Different types of identification procedure, 3. Procedure for carrying out an identification procedure PACE 1984, Code D.
52  cards
3. Advising a client, including vulnerable clients, whether to answer police questions
1. Right to silence, 2. Adverse inferences.
33  cards
4. Procedure for interviewing a suspect under PACE 1984
1. role and appropriate conduct by defence legal representative/ solicitor including representation of vulnerable client, 2. role of appropriate adult and who can be an appropriate adult.
47  cards
5. Bail applications
the right to bail and exceptions conditional bail procedure for applying for bail further applications for bail appeals against decisions on bail absconding and breaches of bail.
1  cards
6. First hearings before the magistrates’ court
classification of offences applying for a representation order procedural overview – what will happen at the hearing the role of the defence solicitor at the hearing
30  cards
7. Plea before Venue
procedure on defendant entering plea advising the client on trial venue
9  cards
8. Allocation of business between magistrates' court and Crown Court
procedure ss. 19–20 and s. 22A Magistrates' Courts Act 1980 sending without allocation s. 50A and s. 51 Crime and Disorder Act 1998.
11  cards
9. Case management and pre-trial hearings
Magistrates' court case management directions Plea and Trial Preparation Hearing disclosure – prosecution, defence and unused material
27  cards
10. Principles and procedures to admit and exclude evidence
burden and standard of proof visual identification evidence and Turnbull guidance inferences from silence ss. 34, 35, 36, 37, 38 Criminal Justice and Public Order Act 1994 hearsay evidence: - definition - grounds for admitting hearsay evidence confession evidence: - definition - admissibility - challenging admissibility ss. 76 and 78 PACE 1984 character evidence: - definition of bad character - the 7 gateways s. 101(1) Criminal Justice Act 2003 - the 3 gateways s. 100(1) Criminal Justice Ac
10  cards
11. Trial procedure in magistrates’ court and Crown Court
burden and standard of proof stages of a criminal trial, including submission of no case to answer modes of address and Court room etiquette difference between leading and non-leading questions competence and compellability special measures solicitor’s duty to the court
1  cards
12. Sentencing
role of sentencing guidelines determining seriousness including aggravating and mitigating facts concurrent and consecutive sentences mitigation types of sentence: - custodial sentences - suspended sentences - community orders Newton hearings
0  cards
13. Appeals procedure
appeals from the magistrates’ court: procedure foD19r appeal against conviction and/or sentence powers of the Crown Court appeal to the High Court by way of case stated appeals from the Crown Court: grounds of appeal procedure for making the appeal powers of the Court of Appeal
28  cards
14. Youth court procedure
jurisdiction and grave crimes allocation youths jointly charged with adult sentencing: role of the Sentencing Children and Young People – definitive guidelines referral orders detention and training orders youth rehabilitation orders
34  cards

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Iso - SQE 2 - Criminal Practice

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SQE2 Criminal Practice
  • 2 decks
  • 19 flashcards
  • 5 learners
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