All chapters Flashcards
Procedure for sentencing?
CJA + guidelines Categorise sentence Starting point in guidelines Aggravating factors Mitigating factors Total sentence Reduction for guilty plea (max 1/3) Other orders i.e. compensation, fine
Appeal timescales?
Mags > Crown = 21 days from sentence / conviction
Crown > COA = 28 days
Judge warning re ID evidence - “Turnbull direction”
1) Reasons of warning i.e. mistaken witness can be a convincing witness
2) Jury should examine circus,stances in which the ID came to be made
3) Remind Jury of specific weaknesses of the evidence (ADVOCATE)
Admissibility of confession evidence Q - format?
1) Confession under S82?
2) Confessions usually admissible under S76
3) Defence must apply to have it excluded
4) Challenge admissibility under S76 & S78 (always use S78)
5) MUST SHOW CAUSAL LINK BETWEEN SECTION AND CONFESSION
6) Procedure - which court? Voir dire?
7) Conclude if admissible or not!
ADVOKATE (R v Turnbull)
A - amount of time had to view person D - distance V - visibility O - obstruction K - known or seen before? A - anything unusual? T - time elapsed since ID E - error / discrepancy?
Bad character evidence
S103(2)(a) & S103(4) - offences of same category are theft act and sexual offences against children
R v Hanson - propensity not limited to categories of conviction.
No min number to show propensity but very unusual to be one.
Good character evidence
Rye direction - Judge should direct jury that good character evidence should be taken into account
When should ID evidence not be admissible?
When the evidence is wholly or substantially the only evidence implicating the defendant. Judge should rule inadmissible. Evidence so weak would make the conviction unsafe. Judge withdraw case.
If is some other evidence - allow ID evidence but give Turnbull direction to jury.
Confessions - S76 “things said or done” - R v Delaney
Includes breach of PACE & COP i.e. in this case, interview not recorded
S78 - general discretion to exclude all evidence
R v Walsh - breach of PACE & COP must be significant and substantial. Most often where there has been bad faith i.e. the Cardiff 3.
When is evidence relevant?
DPP v Kilbourne - probative or disprobative
MAGS v CROWN - better to be tried?
MAGS:-
Quicker
Less severe sentencing
Higher conviction rate
Hear all evidence even if excluded
CROWN:-
Jury decision - higher acquittal rates
Voir dire procedure re evidence admissibility
Higher powers of punishment
Slower
Bail application structure?
1) S4 right to bail
2) Relevant exceptions under Sch 1?
3) Relevant considerations in para 9?
4) Bail conditions
Security v Surety (bail)
Surety - promise by third party to pay £ in the event that defendant fails to surrender
Security - £ paid into court before defendant goes on bail, by third party or defendant
Defendant interview with police - 3 options:
1) Answer questions
2) ‘No comment’
3) Hand in prepared statement and then ‘no comment’
