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Criminal Litigation > 02 Preliminaries to Prosecution > Flashcards

02 Preliminaries to Prosecution Flashcards

1
Q

What does CPS stand for?

A

Crown Prosecution Service

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2
Q

What is the purpose of CPS?

A

They enable the DPP to take over criminal proceedings

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3
Q

True or False: CPS is instructed by the Police?

A

False

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4
Q

What does DPP give CPS guidelines in?

A
  1. Determining if proceedings should be instituted or continued (if already continued)
  2. Determining what charges should be preferred
  3. Considering preparations to be made at Magistrates’ court about mode of trial
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5
Q

Two examples of when issues are withdrawn?

A
  1. If Jury does not conclude that the evidence is sufficient to satisfy the defence is established
  2. If Judge thinks the evidence is not sufficient
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6
Q

What must Judges do if he/she believes the evidence is unlikely to be sufficient?

A

Inform the defence.

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7
Q

What may the defence do if the Judge notifies them that the issue is at risk of being withdrawn due to insufficient evidence?

A

Defence may be able to provide more evidence on the issue

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8
Q

Who is an appointed person?

A

Someone appointed to institute conduct of such criminal proceedings as DPP assign

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9
Q

What are the appointed person’s work expectations

A
  1. Exercise powers subject to any instructions given by a crown prosecutor
  2. To obtain authority from CPS lawyer before taking any steps in relation to the case
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10
Q

True or False: Appointed person must have a general qualification

A

True

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11
Q

True or False: to be an appointed person, must be part of the CPS?

A

False

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12
Q

What is a written charge?

A

Charges person with offence

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13
Q

Who can bring/issue a written charge?

A

Relevant Prosecutor

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14
Q

Examples of Relevant Prosecutor

A
  1. Police Officer
  2. Director of SFO
  3. DPP
  4. The A-G
  5. Secretary of Health
    etc.
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15
Q

What is the process to issue a written charge?

A

Where prosecutor issues written charge = requisition must be issued at the same time

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16
Q

True or False: Anyone can issue a written charge?

A

False

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17
Q

True or False: When issuing a written charge, you must issue a requisition at the same time?

A

True

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18
Q

When issuing a written charge, what must you also issue?

A

A requisition

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19
Q

When must you issue a requisition?

A

At the same time of issue of a written charge

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20
Q

What is the process to issue a summons?

A

Must make application to Magistrates’ court for issue of summons

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21
Q

What does Prosecution have to do to issue summons?

A

Prosecution must -

  1. Serve written application; or
  2. Present application orally with written record of allegations
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22
Q

What are the requirements for a written charge?

A
  1. Statement of offence describing the offence in ordinary language
  2. Sufficient particulars of conduct to make clear what prosecution alleges
  3. Identify person to whom written charge is issued
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23
Q

What are the requirements for a summons?

A
  1. Statement of offence describing the offence in ordinary language
  2. Sufficient particulars of conduct to make clear what prosecution alleges
  3. Identify issuing court
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24
Q

What is the time limit to issue a written charge/ summons in the Magistrate’s court?

A

6 months from when offence allegedly committed

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25
Q

What is the time limit to issue a written charge/ summons in the Crown court?

A

No limit unless provisions apply

Guidance = 6 months

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26
Q

True or False: Statute provisions can override Magistrates’ time limit?

A

False. MCA 1980 overrides

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27
Q

True or False: There is a Chief Prosecutor in each area in England and Wales?

A

True

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28
Q

Who can be a crown prosecutor?

A

DPP may designate any member of CPS who is a barrister or solicitor to be a crown prosecutor

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29
Q

What rights do crown prosecutor’s have?

A

Same right of audience as solicitors

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30
Q

What are the crown prosecutor’s powers?

A
  1. Same powers as Director (DPP)

2. To institute and conduct proceedings

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31
Q

True or False: Crown prosecutor’s have free reign to use their powers?

A

False, must take guidance from Director

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32
Q

True or False: Crown prosecutor’s have the power to sanction?

A

True. Only if delegated by DPP

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33
Q

What must an application for summons set out?

A
  1. Allegations made
  2. Any time limits for prosecution of offence
  3. Grounds for asserting accused has committed alleged offence
  4. Any previous applications made by the same applicant in respect of the allegations made
  5. Any current/ previous proceedings
    Statement of truth
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34
Q

How many ways to secure first appearance at Magistrates’ court?

A

5

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35
Q

What is a Newton Hearing?

A

two sides offer such conflicting evidence that a judge sitting alone tries to ascertain which party is telling the truth

36
Q

What normally happens in a Newton Hearing?

A

Witnesses will normally be called and questioned

37
Q

How can the evidential burden be discharged by the prosecution?

A

adducing sufficient evidence

38
Q

What is the name of persons DPP appoints to institute conduct of such criminal proceedings as DPP may assign?

A

Appointed Persons

39
Q

What do Police powers of investigation include?

A 
Arrest
Detention
Interrogation
Entry and Search of Premises 
Personal Search
Taking samples
40
Q

What governs the Police powers of investigation?

A

PACE 1984

41
Q

TRUE OR FALSE: A suspect can be interviewed without caution?

A

False

42
Q

TRUE OR FALSE: If a suspect takes a break, interviews can be continued without caution given?

A

False

43
Q

What should happen if it seems that a suspect does not understand the caution?

A

Person giving the caution should explain in his/her own words

44
Q

TRUE OR FALSE: Probation officers are responsible for preparing pre-sentencing reports?

A

TRUE

45
Q

TRUE OR FALSE: Private Prosecution against an accused may be started by the ‘written charge and requisition procedure’ ?

A

False. Written charge and requisition only applies to certain public prosecutions brought by a ‘relevant prosecutor’

46
Q

After detaining a suspect for 24 hours without charge, what must be done to extend this time?

A

authorisation of detention beyond 24 hour period can be authorised by police officer of rank of superintendent

47
Q

TRUE OR FALSE: After detaining a suspect for 36 hours without charge, there are no circumstances in which suspect may continue to be held lawfully and must be released or charged?

Why?

A

FALSE

If suspect is required to be detained for longer than 36 hours, police will need to apply for a warrant of further detention from Magistrates’ court

48
Q

Where admissibility of a confession is raised at trial, what happens?

Exception?

A

Court will not allow the confession to be given in evidence unless prosecution prove beyond a reasonable doubt that it was not obtained as aforesaid

49
Q

What is the relevant statute for confessions obtained by oppression?

A

s.76(2)(a) PACE ACT 1984

50
Q

What does s.76(2)(a) PACE ACT 1984 relate to?

A

confessions obtained by oppression

51
Q

What is the stature relating to exclusion of unfair evidence?

A

s.78 PACE ACT 1984

52
Q

What does s.78 PACE ACT 1984 relate to?

A

Exclusion of unfair evidence

53
Q

What is the relevant statute for confessions obtained as a consequence of anything said or done which may renders the confession unreliable?

A

s.76(2)(b) PACE ACT 1984

54
Q

What does s.76(2)(b) PACE ACT 1984 relate to?

A

confessions obtained as a consequence of anything said or done which may renders the confession unreliable

55
Q

What is the purpose of s.78/ exclusion of unfair evidence?

clue- overriding objective

A

admission of such evidence obtained unfairly could have an adverse effect on fairness of proceedings

56
Q

TRUE OR FALSE: Where police officer has any reason to suspect any person of any age as vulnerable in the absence of clear evidence, that person must be treated as ‘vulnerable’?

A

TRUE

57
Q

TRUE OR FALSE: It is the decision of the custody officer whether or not to detail a suspect at a police station?

A

TRUE

58
Q

TRUE OR FALSE: Custody officer may allow up to 3 different people of the suspect’s choice to be notified of suspects arrest?

A

False

59
Q

What happens if suspect’s first person of contact cannot be reached?

A

up to two alternatives may be chosen by the suspect

60
Q

When should handcuffs be used?

A

only where they are reasonably necessary to prevent an escape/ violence breach of the peace

61
Q

When is an arrest considered unlawful even if made on the basis of reasonable suspicion?

A

where the officer knows at the time of the arrest that there is no possibility of a charge being made

62
Q

When must a custody record be opened?

A

As soon as practible

63
Q

When must a person be told of the right to free legal advice?

A

When brought to a police station, under arrest

64
Q

Offenders under 18 are considered as?

A

Juveniles?

65
Q

What is the maximum time a person can be detained at a police station?

Can this be extended? If so, how long?

A

24 hours

Yes, this can be extended with an additional 12 hours

66
Q

Who is an appropriate adult?

A

in the case of a young suspect, a parent or guardian

67
Q

Who can be an appropriate adult?

A

Person representing local care authority or organisation

social worker

68
Q

TRUE OR FALSE: A solicitor attending a police station on behalf of a young suspect may be their appropriate adult?

A

False.

69
Q

What are the categories for persons who can not be an appropriate adult?

A
  1. Anyone suspected of involvement in the offence
  2. the victim or witness
  3. anyone involved in the investigation
  4. anyone who has received admissions from the suspect before acting as an appropriate adult
70
Q

What is the role of the appropriate adult?

A

to safeguard the rights, entitlements and welfare of children and vulnerable persons

71
Q

TRUE OR FALSE: Generally a child, young person, mentally disordered or vulnerable person must not be interviewed by the police int he absence of an appropriate adult?

A

TRUE.

72
Q

TRUE OR FALSE: Generally a child, young person, mentally disordered or vulnerable person must not be asked to provide a written statement in the absence of an appropriate adult?

A

TRUE.

73
Q

TRUE OR FALSE: Police may interview or ask a child, young person, mentally disordered or vulnerable person to provide a written statement w/o an appropriate adult present?

A

FALSE.

74
Q

What happens if a suspect is detained for over 24 hours and released? But police want to arrest the suspect again on the same offence?

A

suspect may not be re-arrested w/o warrant

75
Q

How does the state play a role in the prosecution system?

A

Through DPP

76
Q

n order for the prosecution to appeal the granting of bail by the Crown Court to the High Court, the prosecution should

A
  1. Give oral notice at the conclusion of the bail hearing in the Crown Court of the prosecution’s intention to appeal before D is released
  2. serve written notice on the court and defendant within two hours of the conclusion of the hearing.
77
Q

When does the prosecution has the right to appeal to the High Court when the Crown Court grants bail

A

1, The accused is charged with, or convicted of, an offence which is punishable by imprisonment

  1. The prosecution is conducted by or on behalf of the DPP
  2. Before bail was granted, the prosecution made representations that bail should not be granted.
78
Q

requirements with which the court may order an offender aged 18 or over to comply with during the course of a community sentence

A 
unpaid work requirement,
rehabilitation activity requirement
mental health treatment requirement
alcohol abstinence and monitoring requirement
electronic monitoring requirement.
79
Q

An attendance centre requirement is only available for offenders aged under 25 T or F?

A

True

80
Q

An attendance centre requirement is available for offenders aged 25+ T or F?

A

False

81
Q

T OR F

CPS is not instructed by the police, rather acting on behalf of the DPP it takes over prosecutions begun by the police

A

T

82
Q

T OR F

CPS is instructed by the police

A

F

83
Q

T OR F

Probation officers are responsible for preparing pre-sentence reports for adult offenders.

A

T

84
Q

T OR F
A pre-sentence report must always be obtained whenever the court is considering the imposition of a community penalty or custodial sentence. WHY?

A

F. ONLY IF NECESSARY

85
Q

T OR F

A discharge cannot be combined with a custodial sentence, a community order or a fine. WHY?

A

T. Discharge cannot be combined with a punitive measure for the same offence

86
Q

T OR F

Discharge cannot be combined with a punitive measure for the same offence? Example of punitive measure

A

T. A custodial sentence, a community order or a fine

Criminal Litigation (14 decks)

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