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legislation 1 > Chapter 1 > Flashcards

Chapter 1 Flashcards

1
Q

Caution

A

you do not have to say anything. but it may harm your defense if you do not mention, when questioned something you later rely on in court. anything you do say may be given as evidence, do you understand?`

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2
Q

when to give the caution

A
  • suspected of committing an offence
  • identifies themselves as a suspect
  • arrested
  • during an interview
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3
Q

when to give the caution in an interveiw

A
  • before they are asked questions
  • returning from a break
  • before they are informed the case is referred to DSG
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4
Q

common law

A

part of English law derived from custom and judicial precedent rather than statutes.

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5
Q

statute law

A

a written law passed by a legislative body

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6
Q

criminal law

A

a system of law concerned with the punishment of offenders

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7
Q

civil law

A

the system of law concerned with private relations between members of community rather than criminal, military or religious affairs.

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8
Q

case law

A

the law as established by the outcome of former cases

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9
Q

where do people go if they believe their human rights have been violated and cannot claim through national legal system?

A

european court of human rights, i.e strasbourg court.

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10
Q

what does the rule of law mean?

A

the restriction of the arbitrary exercise of power by subordinating it to well defined and established laws.

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11
Q

what is the appeal system?

A
  • CO’s summary dealing
  • summary appeal court
  • supreme court
  • ECHR
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12
Q

what’s the difference between what the defence can appeal against and what the prosecution can?

A

Defence can appeal against sentence and conviction

prosecution can only appeal against the sentence.

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13
Q

trial on indictment

A
  • a formal statement of accusation

- serious offences

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14
Q

summary trial

A
  • without Jury or board
  • less serious service offences
  • CO can apply for higher authority for direction if needed
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15
Q

definition of crime?

A

an action or omission which constitutes an offence that is punishable by law

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16
Q

what is actus reus?

A
  • “The guilty act”
  • act of commision
  • act of omission
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17
Q

Act of commision

A

doing something that the law forbids

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18
Q

Act of omission

A

failure to do something that the law requires you to do.

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19
Q

Mens Rea

A

the guilty state of mind. i.e criminal intent

2 constituent parts - voluntas and foresight

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20
Q

what is voluntas?

A 
part of mens rea
to satisfy it must show; 
-voluntary act
-not under duress
-had conscious control
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21
Q

what is forsight?

A

showing that there is thought in thier conduct.

shown through inent and recklessness

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22
Q

what is intent?

A

deliberate objective to commit the crime

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23
Q

what is the aid to establish intent?

A 
M-motive
O- opportunity
P-preparation
S- subsequent conduct
sct 8 criminal justice act 1967 mus be kept in mind
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24
Q

malice

A

the desire to harm someone, ill will

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25
Q

recklessness

A

conscious taking of an unjustified risk.

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26
Q

absolute offence

A

does not have to require the mens rea for the offence to have been committed. i.e drink driving, speeding.

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27
Q

when are you guilty of conspiracy?

A

as soon as you agree to commit an offence regradless of intent.

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28
Q

what is a principal offender?

A

the person who carried out the main part of a criminal act.

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29
Q

secondary offender

A

someone who aids, abets, councils or procures the offence. s8 A&A 1861

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30
Q

s8 accessories & abettors act 1861

A

provides authority for anyone who aids, abets, councels or procures to be tried and punished as a principle offender.

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31
Q

s41 armed forces act 2006

A

same as s8 but for anyone subjec to service law.

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32
Q

exemptions: what is the minimum age to be able to commit a crime.

A

10 years old.

under this age = curfew or safety order

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33
Q

exemptions: insanity

A

someone who is insane from birth can not commit a crime.

they must prove insanity.

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34
Q

exemptions: corporations

A

not everyone in the corporation may be involved in the crime.
each member may have their own liability, in which they can be charged.

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35
Q

exemptions: foreign diplomats

A

immune from juristiction of british court
extends to family of thier househould
only during their duty.

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36
Q

exemptions: sovereign

A

no court has the power to try the sovereign

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37
Q

general defence :involuntary intoxication

A

consuming alcohol or drugs against their will.

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38
Q

general defence: voluntary toxication

A

not usually a defence but eg in theft - so affected they were unable to form intent.

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39
Q

general defence: self defence

A

if the person is threatened or attacked, they may use necessary force in order to defend themselves. Only if force is reasonable

40
Q

general defence: use of force in prevention of crime

A

if reasonable force is used in order to place someone in arrest, you are justified in your actions

41
Q

general defence: mistake

A

makes an honest mistake leading to an offence.

42
Q

general defence: duress by threats

A

must be threats of physical violence. so grave that any other person in their position would do the same.

43
Q

general defence: duress by circumstance

A

acting to prevent death of themselves/others

e.g person drives dangerously to avoid death/ serious injury.

44
Q

general defence: necessity

A

commiting a crime to prevent a more serious crime.

e.g breaking a window to stop a fire.

45
Q

general defence: insanity

A

didnt know what they were doing, or they did but didnt know it was wrong.

46
Q

general defence: automatism

A

an involuntary act

an act commited whilst a person was concussed/sleep walking may be excused from liability.

47
Q

assisting offender

A

anyone who impedes apprehension or prosecution. i.e prevents them getting caught.

48
Q

what are the exemptions

A 
FIICS
F-foreign diplomats
I-infants and young children
I- insane persons
C-corporations
S-sovereign
49
Q

what are the general defences

A 
AIMISDUN
A-automatism
I-insanity
M-mistake
I-involuntary intoxication
S-self defence
D-duress
U-use of force in prev. of crime
N- necessity
50
Q

recklessness examples

A

taking unjustified risk- RV Cunningham 1857 - gas meter

disregard for a known unacceptable risk - RV G&R 2003 - co op arson, newspaper

51
Q

law reports

A

report of court results

52
Q

what are the 3 stages of statute law

A

whittehall
westminster
post legislative

53
Q

s1 criminal attemts acts 1981

A

if you prepare to break the law you are guilty of attempting to commit the offence.

54
Q

human rights act 1988

A

allows you to defend your human rights in court

55
Q

1st principle of rules of evidence

A

anything said must be proved with evidence

56
Q

2nd principle of ROE

A

evidence must be
relevant - prove/ disprove a fact
admissible - relevant and allowed by the judge

57
Q

3rd principle of ROE

A

accused persons must be treated fairly throughout

58
Q

testimonial evidence

A

verbal or written statement of a witness under oath

59
Q

documentary evidence

A

production of written material for inspection by the court. primary & secondary

60
Q

primary evidence

A

original artifact

best evidence

61
Q

secondary evidence

A

copy or oral account.

62
Q

when can secondary evidence be used?

A

when the original is;
unnecessary
inexpendent (impracticable to produce original)
impossible (og is lost or destroyed)

63
Q

real evidence

A

the production of all other forms of physical evidence. but must have other evidence to connect to fact.

64
Q

direct evidence

A

something physically or mentally experienced by the person who relates it. does not resort to assumption or inference.

65
Q

indirect (circumstantial) evidence

A

evidence that tends to establish a conclusion by inference. Could be disproved.

66
Q

primary/ best evidence

A

an original document is better than a copy. a description from a witness is better than someone who heard what happened.

67
Q

presumptions

A

a conclusion which shall be drawn from particular facts. they are irreputable or reputable .

68
Q

rebuttable presumptions

A

an assumption that can be disproved due to other evidence.

69
Q

irrebuttable presumption

A

a presumption/ assumption that cannot be overturned by evidence.

70
Q

inference

A

conclusion reached by the jury on the basis of evidence and reasoning.

71
Q

judicial notice

A

facts that cant be disproved such as measurement of weight or height.

72
Q

burden of proof

A

persuasive burden and evidential burden.

73
Q

persuasive burden

A

innocent until proven guilty

74
Q

evidential burden

A

responsibility to prove a piece of evidence is fact

75
Q

fact

A

something that is known to have happened or can be proved.

76
Q

facts in issue

A

the things that must be proved:
the identity of accused
whether they committed the offence
can defence disprove a guilty plea.

77
Q

facts which supply motive

circumstantial evidence

A

reason why they would have committed the crime. determines presence or absence of mens rea.

78
Q

facts which show preparation

A

indicates presence of mens rea.

79
Q

facts which form part of the same transaction

A

different pieces of evidence that lead to the same conclusion.

80
Q

subsequent conduct and acts done in consequence

A

hiding evidence to make you less likely of a suspect

81
Q

facts in issue must:

A

be presented as accurately as possible in order for full understanding of the debate

82
Q

inadmissible facts

A

evidence that is obtained through illegal processes

83
Q

witness evidence

A

hearsay
confession
dying declarations
statements made in the course of duty or business
statements made about mental or bodily feeling

84
Q

hearsay

A

the report of another persons word by a witness.

inadmissible and can be challenged

85
Q

when is a confession inadmissible?

A

when under oppression

when unreliable due to circumstance

86
Q

exceptions in using evidence of bad character

A

s101 criminal justice act 2003

87
Q

competent witness

A

someone who can understand whats being asked of them and people can understand their answers

88
Q

compellable witness

A

a competent witness can be made to attend court or give evidence.

89
Q

when can partners be used as a competent and compellable witness

A

Police and Criminal Evidence act 1984
when they are separated
if both charged, only when one pleads guilty.

90
Q

corroboration

A

evidence which confirms a statement by backing it up. i.e multiple statements about the same offence.

91
Q

source of service law

A

armed forces act 2006,11 and 16.

MSL

92
Q

provost officer

A

an officer who is a service policeman

93
Q

persons subject to service law (PSSL)

A

s.367 AFA 06

94
Q

civillians subject to service discipline (CSSD)

A

s.370 AFA 06

95
Q

dying declaration

A

will be accepted as evidence as long as the person knew that they were dying .

96
Q

statements made in course of duty

A

things said or done whilst on duty linking to the offence

legislation 1 (18 decks)

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