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Criminal Procedure > 9-Pre Trial Procedure > Flashcards

9-Pre Trial Procedure Flashcards

1
Q

what is an indictment

A

list of charges to which the d has pled guilty or not guilty

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2
Q

what is a count

A

each offence on an indictment

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3
Q

what is trialed by a jury

A

one indictment

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4
Q

what is looked for in an indictment

A

a common factual origin

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5
Q

what is a joinder of defendants

A

when two defendants are tried for same indictment in same court

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6
Q

what are the two pleas

A

guilty and not guilty

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7
Q

what must there be to plea

A

fitness to plea- r v pritchard

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8
Q

what are the standards of proof showing fitness to plea

A

defence- balance of probabilities

prosecution- normal criminal standard

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9
Q

who decides whether someone is unfit to plea

A

judge

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10
Q

what case shows criteria for being unfit to plea

A

R v M

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11
Q

r v m shows what

A

that not understanding the charges, plea, idea of challenging jurors, following course proceedings, giving evidence could mean being unfit to plea.

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12
Q

what happens if unfit to plead

A

there is a trail by fact based on actus reus s4 criminal procedure and insanity act

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13
Q

what are disposable options for those unfit to plead

A

hospital order or discharge order

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14
Q

what is double jeopardy

A

can’t be trialled for same trial twice

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15
Q

what case shows double jeopardy

A

connelley v DPP

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16
Q

what are two examples to double jeopardy rule and what act shows it

A

tainted jury eg they were intimidated-s54
retrial with permission of DPP due to new and compelling evidence-s78
criminal procedure insanity act

17
Q

who is a famous case of a double jeopardy trial

A

Stephen Lawrence

18
Q

who has a right to be present at their own public trial

A

everyone under ECHR article 6

19
Q

what are verdicts given for

A

they are given for each count

20
Q

what verdict is prefffered

A

unanimous

21
Q

what is accepted after 2 hours 10 mins

A

a majority verdict

22
Q

what is another option for jury

A

alternative verdict eg someone receives section 20 GBH instead of Section 18

Criminal Procedure (14 decks)

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