Ad hoc FLK2 Flashcards
Youth jointly charged with adult for robbery
Where will the first appearance be?
Both @ Mag Court which will decide if its in the IOJ that they should both be tried for the indictable only offence together in Crown Court
Youth jointly charged with adult for assault
Where will the first appearance be in youth pleads guilty/ not guilty?
Both not guilty = MC
Adult guilty and youth not guilty = then youth, YC
Can evidence that is obtained by an inadmissable confession be admitted?
Yes
Provided you don’t reference the confession
Crim Pro
Can an intimate sample be taken by force?
No
Eg semen
Who administers Referral Order?
Youth Offender Panel
This consists of Youth Offending Team members
Most common way to challenge the admissibility of evidence?
Due to the evidence having an adverse (unfair) effect on the fairness of the proceedings
NOT FAIR TRIAL
Appeal by way of case stated
- Which court
2 What does it mean
Mag Court to HC
Err in law/ excess of jurisdiction
How long can you suspend a sentence in MC and CC
MC - 14 days to 1 year sentence can be suspended to 2 years
CC - 14 days to under 2 year sentences can be suspended up to 2 years
Charge of murder
Where will the bail application be heard?
CC
(not MC)
If your colleague is dealing with a divorce case, the same colleague is also drafting a will for the woman.
The man approaches you for a will, can you draft it for him?
No
It is a conflict of interest