CLP Flashcards
Adverse inferences
Common sense conclusion that is adverse to a party’s interests in proceedings.
Who does the right to bail does not apply as of right BUT who can be granted bail?
Presumption for bail does not apply to:
1- appellants of conviction or sentence
2- D° committed for sentence from the Magistrate Court to the Crown Court.
Bail can be granted but presumption doesn’t apply.
Remand in custody
- applied by the prosecution
- then the defence applies for bail
- the first decision will be given in the MC
- prosecution can present objections
GR = vulnerable person must not be interviewed without an appropriate adult (‘AA’)
Exception = ?
URGENT INTERVIEWS
conditions:
- superintendent or above
- not significantly harm the persons physical/mental state
- delay would lead to harm or interference with evidence or investigation
- interview must stop once obtaining the info to avert the risk.
Steps at Police station
Following arrest, detainee must be taken to police station asap (except immediate investigation)
1- custody officer authorisation
2- informed of their right
3- non-intimate samples taken
4- healthcare professional (if necessary)
5- solicitor (if requested)
6- interview (with solicitor)
7- release or charge
When can a victim’s distress call to 999 be admitted as evidence under the res gestae doctrine in a criminal trial?
Common law exceptions to HEARSAY evidence. Admissible if:
1- statement made by a person so emotionally overpowered by an even that the possibility of concoction or distortion can be disregarded;
2- statement accompanied an act which can properly be evaluated as an evidence only if considered in conjunction with the statement;
3- statement relates to a physical sensation or a mental state (intention or emotion)
[applied in domestic violence cases, prosecution allowed an alternative to statutory hearsay exceptopms for claimants not giving evidence at court. Complainants in a 999 call or to officers immediately after alleged incident]
What is the nature of the interest created when a landowner agrees to restrict the use of the land, such as limiting the number of houses that can be built?
The interest is equitable because it is a restrictive covenant, which:
1- Is negative in nature, restricting the use of the land.
2- Is enforceable in equity if it touches and concerns the land.
What covenant should be included in a licence to assign to ensure the assignee is bound by the tenant’s obligations in a business lease?
The ASSIGNEE covenants with the landlord to perform all tenant covenants in the lease for the remainder of the lease term.
[ALSO positive covenants super important cos if not in the deed does not bind the assignee]
If the intestate is not survived by a spouse / civil partner or issue, section 46 AEA 1925 sets out the following order of entitlement to the succession estate:
- Parents
- Siblings of whole blood (share both parents) on the statutory trusts
- Siblings of half blood (share one parent) on the statutory trusts
- Grandparents
- Uncles and aunts of whole blood (whole blood siblings of a parent) on the statutory trusts
- Uncles and aunts of half blood (half blood siblings of a parent) on the statutory trusts
- The crown as bona vacantia
Where there is more than one person in the relevant category (e.g. if the intestate is survived by both parents), the succession estate is divided equally.
Granting bail and there is a prior BAIL INFRINGEMENT
If D was on bail at the time of the alleged offence:
1- if D committed an indictable offence, the court NEED NOT grant bail
2- if summarily imprisonable offence, the court NEED NOT grant bail IF there are substantial grounds for believing that D will commit further offences
Varying bail conditions
Applications to vary bail conditions can be made by either party on advance notice to other party.
- Application should be made to court which granted bail
[or Crown Court if accused has been sent for trial or committed for sentence, or indictable only offence]
If parties agree on variation - court may decide to vary without a hearing.
Breach of Bail Conditions
D will be brought before the court for his bail to be reconsidered.
Breach of bail conditions may result in accused being arrested and D is at risk of either having bail conditions tightened or being remanded in custody, i.e. bail being withdrawn.
BUT NOTE: If D is found in breach of a condition, D is not actually committing an offence.
