30 sept Flashcards
True or false? If a person qualifies for free legal advice after arrest, before the police may interview the suspect, arrangements must be made to allow for in-person advice.
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False, the Defence Solicitors Call Centre will determine whether telephone advice is sufficient.
When may a suspect’s right to have a friend, relative, or other person notified of their arrest be delayed? Choose all required conditions.
The suspect is arrested an either way or indictable only offence.
The suspect is arrested an either way or indictable only offence. - correct
A police officer of the rank of inspector or higher approves the delay.
A police officer of the rank of inspector or higher approves the delay. - not selected, this is the correct answer
Correct
There are reasonable grounds to believe exercise of the right will lead to interference with evidence, interference with others, alerting other suspects, or hindering the recovery of property related to the offence.
Which of the following are conditions that must be satisfied to extend the time within which a suspect must be charged by 12 hours? Choose all that apply.
A police officer of the rank of superintendent or higher approves the continued detention.
A police officer of the rank of superintendent or higher approves the continued detention. - not selected, this is the correct answer
Correct
The suspect is arrested an either way or indictable only offence.
The suspect is arrested an either way or indictable only offence. - correct
Correct
There are reasonable grounds to believe further detention is necessary to secure or preserve evidence or obtain evidence by questioning.
There are reasonable grounds to believe further detention is necessary to secure or preserve evidence or obtain evidence by questioning. - correct
Correct
The investigation is being conducted diligently and expeditiously.
May a suspect be held for longer than 36 hours without being charged?
Yes, the suspect may be held for no longer than an additional 36 hours if a warrant for further detention is obtained from the Magistrates’ Court and an additional 24 hours if a second application is made and granted.
True or false? A suspect is entitled to have free legal advice with respect to an identification procedure or to have a solicitor or friend present at the procedure.
True in both respects.
How many times must a witness be shown each image in a video identification procedure?
At least twice.
True or false? A witness at an identification procedure must generally be warned that the suspect might not appear in the procedure.
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True.
True or false? A suspect is not required to cooperate with an identification procedure.
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True, but an identification procedure could still be held covertly and the failure to cooperate could be raised at trial.
Under PACE Code D, if there is a breach of the rules regarding identification procedures, what are the consequences?
The court may exclude the evidence from trial if its admission will have an adverse effect on fairness.
Question
True or false? The suspect’s legal representative has a right to view the suspect’s custody record and to obtain disclosure of the evidence against the suspect.
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True as to the custody record but there is no duty to provide the evidence against the suspect.
Which of the following options are available to a suspect during a police interview? Choose all that apply.
To answer the questions asked.
To answer the questions asked. - correct
Correct
To decline to answer the questions being asked.
To decline to answer the questions being asked. - correct
To make a handwritten statement setting out their account of what happened.
If a solicitor obstructs the conduct of a police interview, may the interviewing officer remove the solicitor from the room?
No, as removal must be authorised by an officer of the rank of superintendent or above.
Which of the following would be considered misconduct that might justify the removal of a solicitor during a police interview? Choose all that apply.
he solicitor repeatedly answers for the suspect.
The solicitor repeatedly answers for the suspect. - correct
The solicitor asks for time to consult with the suspect when the police raise a new issue that was not brought up at any time before.
Correct
The solicitor repeatedly suggests answers to the suspect.
At the police station, who decides whether a suspect should be remanded to custody whilst waiting to appear in court?
The custody officer.
Which of the following are grounds for denying a defendant bail? Choose all that apply.
There are substantial grounds for believing the suspect will fail to surrender, will commit further offences whilst out on bail, or will interfere with witnesses.
There are substantial grounds for believing the suspect will fail to surrender, will commit further offences whilst out on bail, or will interfere with witnesses. - correct
Correct
They are charged with a serious offence which was committed whilst out on bail.
They are charged with a serious offence which was committed whilst out on bail. - correct
Correct
They failed to surrender or breached bail conditions in the same proceeding.
Question
True or false? Applications for bail on murder charges may be heard in either the Magistrates’ Court or the Crown Court.
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False, they may be heard only in the Crown Court.
What is the standard for determining whether a condition placed on bail is appropriate?
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Whether it is relevant, proportionate, and enforceable.
How many times may a bail application be made based on the same facts and submissions?
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Two
True or false? Breach of bail condition is an offence, and the court may withdraw bail or impose more stringent conditions as a result of the breach.
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False in that breach is not an offence, although breach may result in withdrawal of bail or imposition of more stringent conditions.
Question
True or false? To be awarded a representation order, the defendant must show it is in the interests of justice for them to be represented and that they do not have sufficient means to pay for representation.
True.
Question
In determining whether a representation order should be granted, which of the following are factors the courts consider? Choose all that apply.
response - incorrect
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Whether the defendant is likely to lose their liberty or livelihood or suffer serious reputational damage.
Whether the defendant is likely to lose their liberty or livelihood or suffer serious reputational damage. - correct
Whether the case requires the determination of a substantial question of law.
Whether the case requires the determination of a substantial question of law. - not selected, this is the correct answer
Correct
Whether the defendant is unable to understand the proceedings or state their own case.
Whether the defendant is unable to understand the proceedings or state their own case. - correct
Whether the case may involve tracing witnesses, interviewing them, or expertly cross-examining them.
Whether the case may involve tracing witnesses, interviewing them, or expertly cross-examining them. - not selected, this is the correct answer
Whether grant of a representation order is in the interests of another person.
True or false? If a defendant is charged with an either way offence, the defendant may ask the Magistrates’ Court for an indication whether their sentence likely would be custodial or non-custodial in deciding to elect whether to have a summary trial, and the court is obliged to give an indication.
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False, in that the court is not obliged to give an indication.
In the case of theft of items worth less than £200, may the Magistrates’ Court decline jurisdiction?
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No, although the defendant may elect to have a trial in Crown Court, the Magistrates’ Court cannot decline jurisdiction if the defendant does not elect a trial in Crown Court.
Under the Magistrates’ Court standard directions for trial of a summary trial case, how long will the prosecution be given to serve its evidence and notice of any intention to adduce bad character evidence?
28 days
Question
Under the Magistrates’ Court standard directions for trial of a summary trial case, after receiving the prosecution’s evidence and any notice of intent to adduce bad character evidence, how long does the defence have to serve its defence statement?
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28 days
Under the Magistrates’ Court standard directions for trial of a summary trial case, after receiving the prosecution’s evidence and any notice of intent to adduce bad character evidence, how long does the defence have to notify the prosecution which witnesses are required to attend trial?
Seven days
Question
What does arraignment mean?
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It is a court proceeding in which the defendant enters their plea.
True or false? A judge will make the initial decision whether identification evidence is too weak and if so and there is no other evidence, will withdraw a case from a jury.
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True in both respects.
Which of the following factors should be considered when determining whether an identification by a witness is reliable? Choose all that apply.
response - incorrect
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The amount of time the witness observed the suspect.
The amount of time the witness observed the suspect. - not selected, this is the correct answer
Correct
The distance between the witness and the suspect.
The distance between the witness and the suspect. - correct
Correct
Visibility at the time of the observation.
Visibility at the time of the observation. - correct
Correct
Obstructions between the witness and the suspect.
Obstructions between the witness and the suspect. - correct
Correct
Whether the suspect was known by the witness already.
Whether the suspect was known by the witness already. - correct
Correct
Any reason the witness would have to remember the suspect.
Any reason the witness would have to remember the suspect. - correct
Correct
The time interval between the incident and the identification procedure.
The time interval between the incident and the identification procedure. - correct
Errors in the witness’s first description of the defendant’s appearance.
True or false? Hearsay evidence in a criminal trial is treated the same as hearsay evidence in a civil trial.
False, whilst hearsay evidence is generally admissible in civil trials, it is admissible in criminal trials only if admissibility is provided for by statute or rule of law or is in the interest of justice, or if the parties agree.
Question
True or false? Expert evidence may be adduced at a criminal trial through hearsay evidence.
True
Which of the following conditions must be satisfied in order for a business document to be adduced at a criminal trial?
The document was created or received in the course of trade, business, profession, or other occupation.
The document was created or received in the course of trade, business, profession, or other occupation. - correct
The person who supplied the information may reasonably be supposed to have personal knowledge of the matter in the document.
The person who supplied the information may reasonably be supposed to have personal knowledge of the matter in the document. - not selected, this is the correct answer
Correct
If the information in the document was received from other persons, it was done in the course of trade, business, profession, or other occupation.
If the information in the document was received from other persons, it was done in the course of trade, business, profession, or other occupation. - correct
Which of the following pieces of hearsay evidence are admissible in a criminal trial? Choose all that apply.
response - incorrect
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Statements prepared for use in a criminal trial when the relevant person cannot be expected to recall the matter.
Statements prepared for use in a criminal trial when the relevant person cannot be expected to recall the matter. - correct
Previous consistent or inconsistent statements by a witness.
Previous consistent or inconsistent statements by a witness. - not selected, this is the correct answer
Correct
Confessions made by the defendant.
Which of the following statements are true with respect to the admissibility of confessions made by a defendant? Choose all that apply.
Confessions made out of court are admissible even if they include exculpatory assertions.Confessions made out of court are admissible whether or not they were made to a person in authority.
Confessions made out of court are admissible whether or not they were made to a person in authority. - correct
True or false? Statements made outside of court: (1) contemporaneously to the offence, (2) when a person is emotionally overpowered by an event, or (3) relating to physical or mental state are admissible in a criminal trial even though they are hearsay.
True as to all three.
If a defendant challenges the admissibility of a confession by asserting oppression or things said or done by the police that render the confession unreliable, who has the burden of proof and what standard applies? Choose all that apply.
The defendant has the burden of showing a causal link between the oppression or things said and done by a balance of probabilities.
The defendant has the burden of showing a causal link between the oppression or things said and done by a balance of probabilities. - correct
Correct
The prosecution has the burden of proving beyond reasonable doubt that neither mistake nor oppression rendered the confession unreliable.
True or false? In Crown Court, the jury determines the admissibility of a confession as its reliability is a matter of fact.
False, the judge determines admissibility of confessions at a voir dire hearing in the absence of the jury.
Is a court required to exclude evidence of a confession if it is shown to be based on oppression or unreliability due to things said or done?
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Yes, exclusion is mandatory if any of these reasons is present.
Which of the following does the court have discretion to exclude from evidence in a criminal trial? Choose all that apply.
response - incorrect
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Evidence obtained through an illegal search.
Evidence obtained through an illegal search. - correct
Identification evidence.
Identification evidence. - not selected, this is the correct answer
Confessions.
Confessions. - not selected, this is the correct answer
Correct
Evidence obtained through covert surveillance or undercover operations.
Which of the following is a ground for admitting bad character evidence in a criminal trial in addition to situations in which all the parties agree? Choose all that apply.
response - incorrect
ResponsesPress Enter or Space to submit the answer
The bad character evidence is adduced by the defendant.
The bad character evidence is adduced by the defendant. - not selected, this is the correct answer
Correct
The evidence is needed to properly understand other evidence in the case.
The evidence is needed to properly understand other evidence in the case. - correct
Correct
The evidence is relevant to an important matter in issue, such as propensity to commit the offence or to be untruthful.
The evidence is relevant to an important matter in issue, such as propensity to commit the offence or to be untruthful. - correct
The evidence is substantially probative to an important matter in issue between co-defendants.
The evidence is substantially probative to an important matter in issue between co-defendants. - not selected, this is the correct answer
Correct
The evidence is needed to correct a false impression given by the defendant.
The evidence is needed to correct a false impression given by the defendant. - correct
The defendant has attacked another witness’s character.
True or false? If the defendant has no previous convictions, they are automatically entitled to have the judge give a good character direction that a person of good character is less likely to commit this offense and is more likely to be credible when asserting their innocence.
True.
True or false? A defendant will not be considered to be of good character if they have any prior convictions-even convictions that are minor, old, or unrelated to the current charge.
False, as minor, old, or unrelated charges might be ignored when determining whether the defendant is of good character.
True or false? Only evidence of prior convictions is relevant in determining whether the defendant is of good character.
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False, as evidence of other bad character traits (such as a history of lying) can also be considered.False, as evidence of other bad character traits (such as a history of lying) can also be considered. - not selected, this is the correct answer
True or false? In an examination in chief, the party who called the witness may ask leading questions.
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False, as generally only non-leading questions (typically starting with who, what, where, when, why, or how) may be used by the party who adduced the witness.
If a defendant admits to their solicitor that they are guilty but remains adamant that they will plead not guilty after the solicitor has advised the defendant of the strength of the evidence against them, may the solicitor continue to represent the defendant?
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Yes, but the solicitor may not put anything before the court that they know is untrue, such as an untrue account; they may only test the strength of the prosecution’s evidence in hopes of casting reasonable doubt.
True or false? If a defendant maintains their innocence to their solicitor but decides to plead guilty to avoid the stress or inconvenience of a trial, the solicitor may still put forth an argument in mitigation that suggests the defendant did not commit the offence.
False, as this would go against the client’s decision to plead guilty.
Which of the following are aggravating factors that a court MUST take into account when deciding a sentence if relevant?
Relevant previous convictions.
Relevant previous convictions. - correct
That the offense was committed on impulse.
That the offense was committed on impulse. - no response given
Correct
That the offence was committed whilst the defendant was out on bail.
That the offence was committed whilst the defendant was out on bail. - correct
Correct
That the offence was motivated by racial or religious hostility.
That the offence was motivated by racial or religious hostility. - correct
Correct
That the offense was motivated by the victim’s sexual orientation, transgender identity, or disability.
Question
Which of the following are aggravating factors that a court has discretion to take into account when deciding a sentence if relevant?
The offence was premeditated.
The offence was premeditated. - correct
Correct
The offense was committed in a group.
The offense was committed in a group. - correct
The offence targeted a vulnerable victim.
The offence targeted a vulnerable victim. - not selected, this is the correct answer
Correct
That the offence was committed against a defendant who was providing a service to the public.
That the offence was committed against a defendant who was providing a service to the public. - correct
A weapon was used in committing the offence.
True or false? The court is required to take the following mitigating factors into account if they are relevant: (1) the offence was committed on impulse, (2) the defendant was highly provoked or acted out of fear, (3) the defendant has a disability or mental illness, (4) the defendant played a minor role in the crime, (5) the defendant attempted to make reparation with the victim, and (6) the defendant’s youth or advanced age.
False, because whilst these all are mitigating factors, the court has discretion to take them into account and is not required to.
Under the totality principle, in which of the following cases is a court more likely to impose consecutive sentences rather than concurrent sentences when a defendant is found guilty of multiple offences?
When the offences did not arise out of the same conduct.
If a defendant does not plead guilty at the first opportunity, is any sentence reduction available if the defendant pleads guilty before trial?
Yes, the earlier a defendant pleads guilty, the greater the reduction they will receive.
rue or false? If the defendant is found guilty of property offences, the fact that the property involved was of low value can be a mitigating factor regarding the sentence to be imposed.
True.
What are the shortest and longest periods of imprisonment that can be suspended?
Shortest: 14 days; Longest: two years.
If an offender violates their suspension conditions, which of the following options will the court have with regard to the defendant’s sentence? Choose all that apply.
response - incorrect
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Amend the suspension to be more onerous.
Amend the suspension to be more onerous. - not selected, this is the correct answer
Correct
Require the defendant to serve the full custodial term.
Require the defendant to serve the full custodial term. - correct
Correct
Require the defendant to serve part of the custodial term with time off to reflect the period during which the defendant complied.
Require the defendant to serve part of the custodial term with time off to reflect the period during which the defendant complied. - correct
Extend the period of suspension originally imposed.
Question
Which of the following may be an element of a community order? Choose all that apply.
response - incorrect
ResponsesPress Enter or Space to submit the answer
Unpaid work.
Unpaid work. - not selected, this is the correct answer
Correct
Require the offender to participate in a rehabilitation or treatment programme.
Require the offender to participate in a rehabilitation or treatment programme. - correct
A curfew.
A curfew. - not selected, this is the correct answer
Correct
Restricting the offender from a particular area.
Restricting the offender from a particular area. - correct
Correct
Require the offender to reside in a certain location.
Require the offender to reside in a certain location. - correct
True or false? A defendant may appeal to the Crown Court from the Magistrates’ Court against either their conviction or their sentence if they pleaded guilty or were found guilty.
False, as a defendant who pleads guilty can appeal only their sentence.
True or false? The prosecution have no right to appeal from the Magistrates’ Court.
True.
How long does a defendant have to lodge an appeal from the Magistrates’ Court to the Crown Court?
15 days from the conviction or sentence.
On appeal, may the Crown Court increase the sentence imposed by the Magistrates’ Court?
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Yes, but not beyond a sentence that could have been imposed by the Magistrates’ Court.
From whom may leave to appeal from a Crown Court Conviction be obtained?
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From the Crown Court or the Court of Appeal.
If a defendant seeks leave to appeal from the Court of Appeal, how long does a defendant have to lodge the appeal?
28 days from the conviction or sentence.
On what grounds can a defendant appeal a conviction from the Crown Court?
Only on the ground that the conviction was unsafe.
True or false? A conviction may be deemed unsafe if evidence was wrongly admitted or excluded, the trial judge demonstrated bias, discretion was wrongly exercised, or there were problems in summing up or with the jury.
True in all respects.
Which of the following offences must be sent to Crown Court for trial even if committed by a person otherwise within the Youth Court’s jurisdiction? Choose all that apply.
Correct
Murder.
Murder. - correct
Correct
Attempted murder.
Attempted murder. - correct
Correct
Manslaughter.
Manslaughter. - correct
Correct
Some violent or sexual crimes.
Some violent or sexual crimes. - correct
Some firearm offences.
What is a grave crime?
An offence punishable by imprisonment for 14 years or more in adult court.
If a youth appears in Youth Court and is charged with a grave crime, can the Youth Court retain jurisdiction?
Yes, if it determines it has adequate sentencing power.
Can a youth rehabilitation order include a requirement of unpaid work?
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Yes, for up to 240 hours within one year.
