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FLK 2 - Criminal Practice > 1. Advising Clients, including Vulnerable Clients, about the Procedure at Processes and the Police Station > Flashcards

1. Advising Clients, including Vulnerable Clients, about the Procedure at Processes and the Police Station Flashcards

1
Q

What is an indictable offence?

A

An offence that warrants a trial by jury.

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2
Q

What are the ranks of police in order?

A

Superintendent, Inspector, Sergeant.

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3
Q

What powers does a Superintendent have?

A

Authorise continued detention, delay access to legal advice.

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4
Q

What powers does an Inspector have?

A

Delay right to contact a friend or relative, review detention, conduct identification procedures.

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5
Q

What powers does a Sergeant have?

A

Authorise detention, supervise welfare, open up custody record, give suspect their rights, authorise search, determine whether to charge/release on bail/keep in custody.

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6
Q

What is the general rule for dealing with suspects at the police station?

A

Deal with them expeditiously and release them as soon as the need for detention no longer applies.

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7
Q

What is the role of a Custody Officer?

A

Ensure a suspect’s legal rights are complied with and their welfare.

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8
Q

What are the responsibilities of a Custody Officer?

A

Decide whether there is sufficient evidence to charge the detainee, authorise detention, inform the detainee of their rights.

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9
Q

What is a Custody Record?

A

A record of everything that has happened and been said to the detainee, which the solicitor has the right to consult.

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10
Q

What are the steps that must happen upon arrival at the police station?

A

Suspect brought before the custody officer, custody record opened, suspect informed of their rights, custody officer determines if there is sufficient evidence to charge, authorise search of suspect.

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11
Q

Is there a requirement to contact an Appropriate Adult if the suspect is over 18?

A

No.

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12
Q

What is bail?

A

Granted when there is not sufficient evidence to charge a suspect immediately.

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13
Q

What are the grounds for detention?

A

Sufficient evidence to charge and risk of absconding, interfering with witnesses, or committing further offences.

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14
Q

What is the maximum initial detention period without charge?

A

24 hours.

detention clock begins to run from the time a person is arrested if they have arrived at the police station as a volunteer

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15
Q

What is the maximum detention period with authorization from a Superintendent?

A

36 hours.

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16
Q

What is the maximum detention period with authorization from a Magistrate?

A

96 hours.

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17
Q

What is the purpose of a police interview?

A

To gather evidence and information from the suspect.

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18
Q

What is the caution?

A

A statement read to the suspect before the interview, informing them of their right to remain silent and that anything they say may be used against them in court.

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19
Q

What is the role of the solicitor during a police interview?

A

To advise the suspect on their legal rights and provide assistance during the interview.

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20
Q

What is the purpose of conducting identification procedures?

A

To establish if the suspect can be identified by witnesses or victims of the crime.

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21
Q

Why is detaining a suspect necessary?

A

Preservation of evidence or obtaining evidence by questioning.

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22
Q

What are the conditions of detention?

A

Adequate heating, cleaning, ventilation, lighting, bedding, sanitary facilities, meals, and regular visits.

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23
Q

What must the custody officer do if the suspect is injured or needs medical attention?

A

Make arrangements for medical care.

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24
Q

What is the right to legal advice?

A

The right to receive free legal advice at the police station.

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25
Q

What is the maximum delay for legal advice?

A

36 hours, approved by a Superintendent, with reasonable grounds.

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26
Q

What is the right to have someone informed?

A

The right to have someone informed of the arrest as soon as reasonably practicable.

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27
Q

What is the maximum delay for informing someone?

A

36 hours, approved by an Inspector, with reasonable grounds.

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28
Q

What are the reasonable grounds for delaying access to legal advice or informing someone?

A

Indictable/either way offense, interference with evidence, physical injury, alerting other suspects, hindering property recovery.

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29
Q

What duty do the police have when exercising powers to delay?

A

To act proportionately and ensure the delay is no longer than necessary.

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30
Q

What can the suspect consult during detention?

A

Codes of practice.

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31
Q

Who can authorize the delay of access to legal advice?

A

An officer not below the rank of superintendent.

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32
Q

Who is responsible for the detention review?

A

Review Officer, minimum rank of Inspector.

inspector : Whilst a suspect can change her mind about wanting legal advice , this must be authorised in writing by an officer not below the rank of inspector

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33
Q

What is the maximum period of detention?

A

24 hours from arrival at the police station.

Custody Clock: Starts when the suspect arrives at the police station (10:15 hrs on Tuesday), not from the time of arrest or detention authorization.

Maximum Detention Period: For a summary-only offence (like common assault), the maximum detention before charge is 24 hours from arrival at the station, meaning detention can last only until 10:15 hrs on Wednesday.

Review Clock: Although initial review timings (e.g., by an inspector) are mentioned, they are distinct from the maximum detention time being asked for here.
Thus, the correct answer would identify that the custody clock’s maximum period of detention is 24 hours from the time of arrival at the station.

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34
Q

What is the relevant time for detention?

A

From arrival at the police station, marked in the custody record.

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35
Q

Detention Reviews

A

Initial after 6 hours, subsequent every 9 hours

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36
Q

RUI

A

Release of suspect under investigation

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37
Q

Extension

A

Up to 36 hours, approved by Superintendent or Magistrate’s Court

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38
Q

Grounds

A

Detention necessary to secure, preserve, or obtain evidence

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39
Q

Need >36hrs

A

Investigating Officer applies to Magistrates’ Court for warrant of further detention

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40
Q

Magistrates’ consideration

A

Must consider the application to be ‘justified’

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41
Q

Volunteers

A

No obligation to attend, can leave at any time, can have a friend or solicitor present

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42
Q

Time Limits - Detention Review/Extension/Release

A

Within 6 hours from detention being authorised

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43
Q

Detention Review

A

Review by an officer not below the rank of inspector to determine if detention is still necessary

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44
Q

Time Limits - Detention Review/Extension/Release

A

Within 9 hours from the first detention review

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45
Q

Detention Review

A

Review by an officer not below the rank of inspector to determine if detention is still necessary, thereafter at 9 hour intervals

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46
Q

Time Limits - Detention Review/Extension/Release

A

Within 24 hours from arrival

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47
Q

Release or charge

A

Suspect must be charged or released unless authorized by a superintendent to continue detention

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48
Q

Time Limits - Detention Review/Extension/Release

A

Within 36 hours from arrival

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49
Q

Release or charge

A

Suspect must be charged or released unless granted a warrant of further detention by a magistrates’ court

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50
Q

Time Limits - Detention Review/Extension/Release

A

Within 72 hours from arrival

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51
Q

Release or charge

A

Suspect must be charged or released unless granted an extension to the warrant of further detention by a magistrates’ court

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52
Q

Time Limits - Detention Review/Extension/Release

A

Within 96 hours from arrival

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53
Q

Release or charge

A

Suspect must be charged or released

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54
Q

Role of Solicitor/Advice to Client

A

Provide legal advice and support to the client

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55
Q

Role of Solicitor

A

Protect and advance legal rights of client

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56
Q

Duty of Solicitor

A

Look out for client’s best interests

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57
Q

Conduct of Solicitor

A

Be respectful, do not obstruct interview, raise PACE breaches later

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58
Q

Can a guilty client still act?

A

Yes, but cannot advance a positive defense

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59
Q

When should a solicitor cease to act?

A

If in conflict with duty to not mislead the court

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60
Q

Who is the custody officer?

A

Supplies basic info about client’s detention

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61
Q

What can a solicitor request from the custody officer?

A

Copy of custody record when detainee leaves police detention or is taken before a court

before this u u have an entitlement to inspect the custody report

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62
Q

Who is the investigating officer?

A

Officer dealing with the case

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63
Q

What can a solicitor obtain from the investigating officer?

A

Disclosure of facts and evidence supporting the case

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64
Q

What can a solicitor do if the officer refuses to provide disclosure?

A

Point out that they cannot properly advise the client without it

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65
Q

Can an investigating officer decide not to disclose evidence?

A

Yes, if it might prejudice the criminal investigation

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66
Q

What other information can a solicitor obtain from the investigating officer?

A

Significant statements made by the client, next steps in the investigation, views on bail

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67
Q

What information should the solicitor be provided with?

A

Sufficient information to understand the nature of the offense and why the client is suspected of committing it

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68
Q

Are the police obligated to provide evidence to the solicitor?

A

No

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69
Q

What is the role of the client?

A

To provide free, independent legal advice and have no connection with the police

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70
Q

What is the role of a solicitor in a criminal case?

A

To provide legal advice and representation to the client.

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71
Q

What information must remain confidential in a solicitor-client relationship?

A

All information shared between the solicitor and client.

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72
Q

What are the details of the alleged offence?

A

Specific information about the crime that the client is accused of.

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73
Q

What should the solicitor do to obtain information about the offence?

A

Speak to the investigating officer to gather details.

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74
Q

What should the solicitor advise the client regarding the substantive law?

A

Explain what the police need to prove for a conviction.

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75
Q

What should the solicitor do to obtain the client’s version of events?

A

Take detailed instructions from the client.

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76
Q

What should the solicitor do during the client interview?

A

Record instructions and advice given on essential issues.

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77
Q

What is the next step in the police investigation?

A

An audibly recorded interview with the client.

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78
Q

How should the solicitor prepare the client for the interview?

A

Advise on whether to answer questions or give a ‘no comment’ interview.

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79
Q

What should the solicitor do if the client chooses a ‘no comment’ interview?

A

Prepare a written statement on the client’s behalf.

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80
Q

What should the solicitor advise the client about the interview?

A

Inform them that the interview will be conducted by the police.

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81
Q

What is the role of a solicitor in the interview?

A

To provide legal advice and guidance to the client.

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82
Q

What is the purpose of the client interview from the police’s perspective?

A

To obtain admissions or contradictions from the suspect.

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83
Q

What should the solicitor do in terms of advising the client?

A

Make a note of the advice given and the reasons behind it.

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84
Q

What are the four options a client has during the interview?

A

Answer all questions, answer some questions, answer no questions, or give a ‘no comment’ interview.

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85
Q

What are the advantages of answering all questions?

A

Putting the client’s version of events on record, potential case dismissal, credibility boost at trial, no adverse inferences by the jury.

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86
Q

What are the advantages of admitting guilt?

A

Possibility of receiving a caution or reduced sentence.

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87
Q

What are the disadvantages of answering all questions?

A

Risk of saying something incriminating or undermining credibility.

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88
Q

What are the disadvantages of admitting guilt?

A

Acceptance of criminal record and potential consequences at trial.

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89
Q

What can happen if admissions are contradictory or implausible?

A

Damage credibility in the eyes of the jury or magistrates.

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90
Q

Why might the police hold back a piece of information?

A

To catch the suspect off-guard.

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91
Q

What can the CPS do to attack another person’s character?

A

Raise previous convictions at trial.

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92
Q

What are the advantages of giving a ‘no comment’ interview?

A

Avoid self-incrimination and performing badly when questioned.

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93
Q

What is a potential disadvantage of giving a ‘no comment’ interview?

A

Jury may draw adverse inferences from the client’s silence.

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94
Q

When might it be advisable to give a ‘no comment’ interview?

A

When the client admits guilt but police do not have enough evidence yet.

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95
Q

When might it be advisable to give a ‘no comment’ interview?

A

When you consider the police may ambush the client.

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96
Q

When might it be advisable to give a ‘no comment’ interview?

A

When the client denies involvement in the offense and there is not enough evidence.

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97
Q

When might it be advisable to give a ‘no comment’ interview?

A

When the client is mentally or physically unfit to be interviewed.

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98
Q

When might it be advisable to give a ‘no comment’ interview?

A

When the client is likely to perform badly at the interview.

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99
Q

When might it be advisable to give a ‘no comment’ interview?

A

When the facts of the case are complex or relate to matters of a long time ago.

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100
Q

When might it be advisable to give a ‘no comment’ interview?

A

When the client does not have a viable case or defense.

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101
Q

When might it be advisable to give a ‘no comment’ interview?

A

When the client has personal reasons for remaining silent.

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102
Q

What are the disadvantages of selective silence?

A

Drawing of adverse inferences and looking bad in the eyes of a jury.

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103
Q

What is a written statement in the context of an interview?

A

A statement that sets out the facts the client will rely upon in their defense at trial.

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104
Q

When should a client’s version of events be recorded?

A

To avoid adverse inference at trial or if client may perform badly at interview.

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105
Q

What should a client’s statement contain?

A

Clear and logical defense in their own words, including all facts that may be relied upon at trial.

106
Q

What should a solicitor ensure is covered in the client’s statement?

A

All matters that the police might ask about in the interview.

107
Q

When should the client’s statement be handed to the police?

A

During the interview, prior to charge, or kept on the client’s file if solicitor has doubts about instructions.

108
Q

Does the client’s statement prevent adverse inferences at trial?

A

No, adverse inferences can still be drawn by the court.

109
Q

What does the client’s statement prevent?

A

Inference of recent fabrication of defense in court/trial.

110
Q

What does Section 34 of CJPOA 1994 state?

A

Effect of defendant’s failure to mention facts when questioned or charged.

111
Q

What does Section 35 of CJPOA 1994 state?

A

Effect of defendant’s silence at trial.

112
Q

What does Section 36 of CJPOA 1994 state?

A

Effect of defendant’s refusal or failure to account for objects, substances, or marks.

113
Q

What does Section 37 of CJPOA 1994 state?

A

Effect of defendant’s refusal or failure to account for their presence at a particular place.

114
Q

What does the investigating officer do after authorization of detention?

A

Carry out audibly recorded interview, arrange identification procedure, take fingerprints and samples from the suspect.

115
Q

What does the investigating officer do if the suspect is charged?

A

Write a written summary of the interview using the recording.

116
Q

When should a suspect not be interviewed?

A

If they are unable to appreciate the significance of questions or understand what is happening due to external effects (e.g. drugs).

117
Q

What is the general rule regarding a suspect requiring legal advice?

A

They should not be interviewed.

118
Q

What are the exceptions to the general rule?

A
  1. Police can delay a suspect receiving legal advice for up to 36 hours, 2. If the solicitor’s arrival would cause unreasonable delay to the investigation process, 3. If the specific solicitor requested cannot be contacted or declined to attend the station, 4. If the suspect changes their mind about legal advice.
119
Q

What should be done if the suspect changes their mind about legal advice?

A

Find out the reasons why, inform the solicitor, and record it in the custody record.

120
Q

What should be done if the suspect confirms in writing that they want the interview to proceed?

A

The interview can proceed.

121
Q

What should be done if the inspector gives authority in writing for the interview to proceed?

A

The interview can proceed.

122
Q

What must be recorded in the interview if the suspect declines legal advice?

A

That the suspect has declined legal advice.

123
Q

What is the definition of an interview?

A

Questioning of an individual in connection with a criminal offence.

124
Q

What are the requirements for a lawful interview?

A
  1. The suspect is cautioned at the beginning + 2. The interview is recorded + 3. Legal representation is present unless refused + 4. The interview takes place in a designated place, such as a police station.
125
Q

What can a suspect do if they believe the interview was unlawful?

A

They can apply to have the evidence excluded under the basis that it would adversely affect fairness under s.78.

126
Q

What is the caution given at the start of the interview?

A

You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

127
Q

What should the suspect be reminded of regarding legal advice?

A

They are entitled to free, independent legal advice, even if a solicitor is present.

128
Q

What should be determined at the start of the interview?

A

Whether the suspect confirms or denies their earlier statement or silence.

129
Q

What is a significant statement?

A

A statement that appears capable of being used in evidence against the suspect at trial, particularly a direct admission of guilt.

130
Q

Significant silence

A

Failure or refusal to answer a question satisfactorily

131
Q

Adverse inferences

A

Negative conclusions drawn by the court from significant silence

132
Q

Inadmissible contents

A

Evidence ruled out at trial under s.78 of PACE 1984

133
Q

Limitations of Interviewer

A

No oppression or inducements to admit guilt

134
Q

Ceasing the interview

A

All relevant questions asked, sufficient evidence for conviction

135
Q

Rest period for suspect

A

More than 8 hours if interviews span multiple days

136
Q

Role of a Solicitor

A

Look out for client’s best interests, respectful conduct

137
Q

Intervening as a solicitor

A

Seek clarification, challenge improper questions, advise not to reply

138
Q

Exclusion of solicitor

A

If engaging in unacceptable conduct or hindering questioning

because the solicitor can only be removed on the authority of an officer not below the rank of superintendent

139
Q

Opening statement

A

Explains role, advice given, reasons if necessary

140
Q

Seating arrangement

A

Allows eye contact with client

141
Q

Para 6.9 Code C

A

Superintendent decides if solicitor should leave interview

142
Q

Conduct issues at the police station

A

Unspecified conduct problems during the interview process

143
Q

What are the special categories of potentially vulnerable suspects?

A

Juveniles, mental health conditions, deaf/unable to speak/blind, suspects who cannot speak or understand English

144
Q

What is the age range for juvenile suspects?

A

10-17 years old (inclusive)

145
Q

What does Code C state about treating individuals who appear to be under 18?

A

Police should treat them as juveniles in the absence of clear evidence to the contrary

146
Q

What arrangements must be made for a girl under 18 detained in a police station?

A

She must be under the care of a woman

147
Q

How should the police treat individuals suspected of having mental health conditions?

A

They should treat them as suffering from such a condition in the absence of clear evidence

148
Q

What should be done if a suspect is deaf, unable to speak, or blind?

A

An interpreter must be obtained or someone who can assist with communication must be present

149
Q

What must be done for suspects who cannot speak or understand English?

A

An interpreter or someone able to assist with communication must be obtained

150
Q

What must the Custody Officer do for juvenile suspects?

A

Find out the person responsible for their welfare and inform them as soon as practicable about the arrest and detention location

151
Q

Who else should be informed if a juvenile is known to be subject to a court order?

A

The person responsible for supervising them, also known as the ‘responsible officer’

152
Q

What is an appropriate adult?

A

A person who attends the police station to provide support and assistance to a juvenile or suspect with a mental health condition

153
Q

What is the risk assessment process for identifying vulnerable suspects?

A

The Custody Officer must identify if the suspect is vulnerable at the start of detention, and the Investigating Officer has an ongoing duty

154
Q

Who is the first choice for an appropriate adult for a juvenile?

A

The juvenile’s parent or guardian, or a representative from the local authority care

155
Q

What should be done if the first choice for an appropriate adult is not available for a juvenile?

A

Ask a social worker from the local authority to act as the appropriate adult

156
Q

Who can be an Appropriate Adult?

A

Relative, guardian, or responsible adult

157
Q

Who cannot be an Appropriate Adult?

A

Witness, suspect, victim, or someone involved in the investigation

158
Q

What is the role of an Appropriate Adult?

A

Support, advise, assist the suspect; ensure their rights are understood; observe fairness; facilitate communication

159
Q

Does an Appropriate Adult have a duty of confidentiality?

A

No

160
Q

Who can authorize the removal of an Appropriate Adult during an interview?

A

Officer of at least the rank of superintendent

161
Q

What is the consent requirement for a video identification procedure involving a suspect under 14?

A

Consent of parent or guardian

162
Q

What is the role of a solicitor in relation to an Appropriate Adult?

A

Ensure AA understands their role, intervene if clarification is needed

163
Q

What does the Legal Aid, Sentencing and Punishment of Offenders Act 2012 deal with?

A

Out-of-court disposal systems for juveniles

164
Q

What is community resolution?

A

Informal agreement for minor offences or anti-social behavior.

165
Q

What is a youth caution?

A

Non-statutory disposal for first-time offenders, does not go on criminal record.

166
Q

What is S.66ZA of the Crime and Disorder Act?

A

Legislation regarding youth cautions.

167
Q

What are the conditions for a youth caution?

A

Sufficient evidence, admission of guilt, no prosecution or youth court.

168
Q

What happens if the suspect is under 17?

A

An appropriate adult must be present.

169
Q

What factors are considered for a youth caution?

A

Seriousness of the offence.

170
Q

What is a youth conditional caution?

A

Non-statutory disposal with conditions for first-time offenders.

171
Q

What are the conditions for a youth conditional caution?

A

Sufficient evidence, determination that a caution is appropriate, admission of guilt, compliance with conditions.

172
Q

What must the offender sign for a youth conditional caution?

A

A document with details of the offence, admission, consent, and conditions.

173
Q

What role does a solicitor play in youth cautions?

A

Identifying eligibility and advising on consequences.

174
Q

What are the advantages of youth cautions?

A

Avoiding charges, not a criminal conviction.

175
Q

What are the consequences of youth cautions?

A

Record retained by police, admission of guilt on criminal record, disclosure to employers, referral to Youth Offending Team, participation in rehabilitation program, failure to comply may result in prosecution.

176
Q

What happens if a client fails to participate in a rehab program?

A

It can be cited in criminal proceedings.

177
Q

What happens if a client is covered by the Sex Offences Act 2003?

A

They will be placed on the sex offenders register.

178
Q

Who handles indictable-only offences?

A

Crown Prosecution Service (CPS).

179
Q

Who handles first-time summary and either-way offences?

A

Police.

180
Q

What is the role of Police + Youth Offending Team in second and subsequent offences?

A

Collaboration to address repeat offenses.

181
Q

What are the different types of ID procedures?

A

Video ID, Unusual Features, Comparison, ID Parade, Group ID, Confrontation by a witness.

182
Q

What is the purpose of holding an Identification Procedure pre-trial?

A

To help prove the suspect’s involvement in the crime beyond reasonable doubt.

183
Q

Who is responsible for conducting the Identification Procedure?

A

An unconnected officer, preferably an investigator.

184
Q

What is the guidance for choosing an ID procedure?

A

Video ID is preferred unless not practicable, then ID parade may be used.

185
Q

What can the police do if the suspect refuses to participate in an ID procedure?

A

Conduct covert procedures.

186
Q

When is an ID procedure mandatory under PACE Code of Practice D?

A

When the eyewitness can identify the suspect or believes they can, or has a reasonable chance of recognizing the suspect.

187
Q

When is an ID procedure not needed under PACE Code of Practice D?

A

If it is not practicable or serves no useful purpose in proving or disproving the suspect’s involvement.

188
Q

What are the different classifications of offences and their impact on procedure?

A

Summary only (triable in Magistrates’ court), Either way (triable in either Magistrates’ Court or Crown Court), Indictable only (triable in Crown Court).

189
Q

What is the general rule regarding payment for legal representation?

A

Defendant has to pay unless they apply for a representation order.

190
Q

What are the two stages of the test for a representation order?

A

Interests of justice test and means test.

191
Q

Where do first hearings take place?

A

Magistrates’ Court.

192
Q

What happens during a first hearing in the Magistrates’ Court?

A

Plea, bail, and legal aid are discussed.

193
Q

When is the hearing date for a first hearing?

A

14 days after being charged.

194
Q

NG Standard Directions

A

Parties complete PET + set out witnesses.

195
Q

Trial in Crown Court

A

Bail + legal aid.

196
Q

Hearing Date

A

28 days after being charged.

197
Q

P serve case to D

A

D to serve defence statement.

198
Q

IDPC

initial details of the prosecution case

A

Includes summary of offence + D’s interview + statements + record.

199
Q

Deadline to File

A

By beginning of the first day of first hearing.

200
Q

Public funding eligibility

A

Criteria for eligibility for publicly funded legal representation.

201
Q

Eligibility for legal advice

A

All suspects in police station, regardless of means.

202
Q

Eligibility for legal representation

A

Defendants without sufficient means in court.

203
Q

Plea Before Venue

A

Procedure at first hearing depending on class of offences.

204
Q

Indictment only Offences

A

Immediately sent to the Crown Court.

205
Q

Summary-only offences

A

Defendant enters plea, trial or sentencing follows.

206
Q

Either-way offences

A

Plea before venue hearing, then allocation considered.

207
Q

Defence solicitor’s role

A

Role at the first hearing.

208
Q

What is the role of a solicitor in a representation order?

A

To obtain publicly funded representation for their client if available and advise on plea.

209
Q

What does a solicitor do for either-way and summary-only offences?

A

Obtain initial details of the prosecution case and advise the client on plea.

210
Q

What does a solicitor advise clients who indicate a not guilty plea for either-way offences?

A

Advise on the best trial venue if given a choice.

211
Q

What might a solicitor need to do if a case is not concluded at the first hearing?

A

Make a bail application on the client’s behalf.

212
Q

What are the options for a plea in a first hearing for either-way offences?

A

Guilty plea, not guilty plea, or no indication.

213
Q

What happens if the defendant indicates a guilty plea in a first hearing for either-way offences?

A

The court may proceed with sentencing immediately or later.

214
Q

What happens if the defendant indicates a not guilty plea in a first hearing for either-way offences?

A

The court will proceed to an allocation hearing.

215
Q

What warning must be given to the defendant before indicating a plea in a first hearing?

A

They must be warned that a guilty plea could result in sentencing by Magistrates’ or Crown Court if insufficient powers.

216
Q

What is an allocation hearing?

A

A hearing where the court determines where the trial will be held.

217
Q

What can parties do during an allocation hearing?

A

Make representations as to where the trial should be held.

218
Q

What is the test for determining allocation in an allocation hearing?

A

If Magistrates’ sentencing powers would be insufficient or there are reasons of unusual legal, procedural, or factual complexity.

219
Q

What happens if the Magistrates’ Court elects for the trial to be held at the Crown Court?

A

The matter is sent to the Crown Court and the defendant cannot elect trial at the Magistrates’ Court.

220
Q

What happens if the Magistrates’ Court retains jurisdiction in an allocation hearing?

A

The defendant can consent to jurisdiction and elect a Crown Court trial or ask for an indication of sentence.

221
Q

What is an indication of sentence?

A

When the defendant asks if the sentence would be custodial or non-custodial if they plead guilty.

222
Q

What does the hearing focus on in the case of a not guilty plea in an allocation hearing?

A

The allocation decision, where the Magistrates’ Court determines if they have sufficient sentencing powers to deal with the case.

223
Q

What happens if the Magistrates’ Court finds their sentencing powers inadequate in an allocation hearing?

A

They will send the defendant to the Crown Court.

224
Q

What is the meaning of ‘sufficient’ in the context of trial venue?

A

Defendant’s choice of trial venue unless co-accused chooses otherwise.

225
Q

What is ‘sending without allocation’?

A

Possible in limited circumstances, including serious/complex fraud cases.

226
Q

What are bail hearings?

A

Hearings to determine whether a defendant should be granted bail.

227
Q

What are bail objections?

A

When the prosecution objects to the defendant being granted bail.

228
Q

What is the general rule regarding bail?

A

Everyone is presumed to have the right to bail, except in certain circumstances.

except for rape and murder

229
Q

When can a defendant apply to remand?

A

When the prosecution objects to bail and the defendant is obliged to come back to court.

230
Q

When is remand unlikely?

A

When there is no real prospect of the defendant receiving a custodial sentence.

f the court decides to put you on remand it means you’ll go to prison until your trial begins.

231
Q

What are the substantial grounds for remand in indictable only offenses?

A

Defendant would fail to surrender to custody, commit further offenses, interfere with witnesses, or obstruct the course of justice.

232
Q

What are the ‘need not’ grounds for remand in all offenses?

A

Defendant’s protection, insufficient information, or already serving a sentence in custody.

233
Q

What factors are considered in bail decisions?

A

Seriousness of the offense, defendant’s character and community ties, bail record, and evidence.

234
Q

What options does the defense have in bail applications?

A

They can apply for conditional bail with specific conditions to address the grounds for remand.

235
Q

What is the general rule for bail conditions?

A

Conditions must be relevant, proportionate, and enforceable.

236
Q

What are some examples of bail conditions related to money?

A

Promise to pay and provide security.

237
Q

What are some examples of bail conditions related to monitoring?

A

Reporting to the police station and wearing a tag.

238
Q

What are some examples of bail conditions related to movement?

A

Restrictions on where the defendant can go, curfew, and surrendering passport.

239
Q

What happens if a defendant breaches their bail conditions?

A

They can be arrested under section 7 of the Bail Act and may receive harsher conditions.

240
Q

What is section 7 of the Bail Act?

A

Police have reasonable grounds to believe the defendant is likely to breach or has breached bail conditions.

241
Q

What is the effect of breaching bail conditions?

A

The defendant must be brought to the Magistrates’ Court immediately to decide on bail.

242
Q

What is the bail procedure for Magistrates’ Court?

A

Two applications at Magistrates’ Court and one appeal at Crown Court.

243
Q

When should the appeal for bail be heard?

A

ASAP but no later than 1 business day after notice.

244
Q

What is a Crown Court Trial?

A

A trial that takes place in the Crown Court.

245
Q

How many applications can be made at the first hearing of a Crown Court Trial?

A

One application.

246
Q

Where is a Prosecution Appeal heard?

A

In the High Court.

247
Q

When can a Prosecution Appeal be heard?

A

At least 48 hours after notice.

248
Q

What are the custody limits for a trial in the Magistrates’ Court?

A

56 days for summary only, 70 days for either-way (can be reduced to 56).

249
Q

What are the custody limits for a trial in the Crown Court?

A

182 days.

250
Q

Under what conditions can the prosecution apply for an extension of the custody limits?

A

There must be a good and sufficient cause proven on the balance of probabilities and the prosecution must have acted with due diligence and expedition.

251
Q

What is the right of the defendant if an extension is granted?

A

The right to appeal the extension to the Crown Court.

252
Q

What can the prosecution do if the Magistrates’ Court refuses to extend the custody limits?

A

Appeal to the Crown Court.

253
Q

What happens if the custody limits expire?

A

The defendant must be released on bail until their trial.

254
Q

How many applications for bail is a defendant entitled to make before the Magistrates’ Court?

A

Two full applications.

255
Q

What can the defendant do if bail is refused?

A

Make a further bail application if they can raise new legal or factual arguments.

256
Q

Who can appeal against bail decisions made in the Magistrates’ Court?

A

Both the defense and prosecution.

257
Q

Where are appeals against bail decisions heard?

A

Before a Crown Court judge in chambers.

258
Q

What are the two offenses of absconding?

A

Failing without reasonable cause to surrender to custody and having a reasonable cause for failing to surrender but then failing to surrender as soon as it was reasonably practicable to do so.

259
Q

Is breaching a bail condition an offense?

A

No, but it provides the police with the power of arrest.

260
Q

Under what act does breaching a bail condition provide the police with the power of arrest?

A

Bail Act 1976, s 7.

261
Q

What happens if a defendant breaches a bail condition?

A

The police can bring the defendant before the magistrates’ court to decide whether to grant bail or remand the defendant in custody.

262
Q

What happens if the case is further adjourned and not dealt with on the day the defendant is brought before the magistrates’ court for breaching a bail condition?

A

The court will have to decide whether to grant bail or remand the defendant in custody.

FLK 2 - Criminal Practice (6 decks)

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