Assorted Crim

Question 1

What is the “sole condition” that may be attached to a conditional discharge?

[E12.3]

Answer 1

The sole condition is that the offender should commit no further offence during the period of the conditional discharge.

Question 2

What is the longest time span a conditional discharge may last?

Answer 2

3 years

Question 3

A conditional discharge can only be breached in what way?

Answer 3

By the conviction of the offender for a further criminal offence committed in the period of the discharge

Question 4

If a person is given a conditional discharge in the Magistrates Court and then is convicted, during the currency of the discharge, of a different offence in the Crown Court, what may the Crown Court do?

Answer 4

Sentence them for the original offence as if they had just been convicted. However, the Crown Court’s powers will be limited to the lower Court’s powers.

Question 5

If a Defendant pleads guilty but there is a significant difference between the Prosecution version and the Defence version, the Court must either accept the Defence version of events or…..

Answer 5

….hear evidence in a Newton hearing

Question 6

If a witness in examination in chief or cross examination admits making a written previous inconsistent statement, the statement is admissible under which section as evidence of any matter stated?

Answer 6

Section 119 CJA 2003

Question 7

If a witness in examination in chief or cross examination is proved to have made a written previous inconsistent statement, the statement is admissible under which section as evidence of any matter stated?

Answer 7

s119 CJA 2003

Question 8

True or false?

The court can acquit at any time after the close of the prosecution case but must allow the prosecution an opportunity to make representations CrimPR r 37.3 (3) (c)

Answer 8

True

Question 9

The jury may be warned to exercise caution before acting on the evidence of unsupported witnesses. However, the warning is not obligatory. The judge retains the discretion to warn the jury to exercise caution in respect of an accomplice, complainant or any other witness.

Which case?

Answer 9

Makanjuola [1995] 1 WLR 1348.

Question 10

What is the ruling in Makanjuola [1995] 1 WLR 1348.?

Answer 10

1. The judge may warn the jury before acting on the evidence of unsupported witnesses.
2. The warning is not obligatory, the judge retains a discretion.

Question 11

What is the test for a submission of no case to answer in the Crown Court? Which case?

Answer 11

Galbraith. Where the judge comes to the conclusion that the prosecution evidence, taken at its highest, is such that a jury properly directed could not properly convict upon it, it is his duty, upon a submission being made, to stop the case.