CLP Flashcards
What is required for specific intent?
Requires intention (direct or oblique)
What constitutes basic intent?
Committed recklessly
What is the shoplifting cap for summary offences?
£200 or LESS
What is the criminal damage cap for summary-only offences?
£5,000 or LESS
List three summary-only offences
- Assault
- Battery
- Simple CDA
What offences are classified as either-way?
- Theft
- Burglary a building
- Fraud
- ABH s.47
- CDA ABOVE £5,000
- All attempts to commit either-way offences
- Class B drugs
What are indictable-only offences?
Everything else is indictable, including murder and aggravated burglary.
What is the maximum magistrates’ sentencing power for one or multiple summary offences?
Up to 6 months
What is the time limit for PTPH for summary offences?
Within 28 days of plea/sending
What standard must be met in a classic criminal trial?
Beyond reasonable doubt
What is required from the defence when raising defences?
Must ‘raise’ defence and prove on the balance of probabilities
Fill in the blank: Reasonable grounds to suspect is required for _______.
Stop and Search (SS)
What must be proven for a charge/requisition?
Sufficient evidence to provide a ‘realistic prospect of conviction’
What is the Galbraith test used for?
To assess whether there is not/poor evidence for a case
What is the means test income threshold for qualifying?
£12.47 k or LESS
What is the maximum income for failing the full means test?
£37,000 or MORE
What is the duty of the court regarding misleading information?
Must not mislead the court and test to mention facts of ‘material effect’
Who has the power to approve delays to PACE rights?
Superintendent police
What is the maximum detention time without review?
24 hours
What happens at 96 hours of detention?
The suspect must either be charged, released unconditionally, or released on police bail.
What must interviews with suspects be?
Must be recorded and must include a caution
What are ‘Argent factors’?
- State of mind
- Ill-health
- Mental health
- Confusion
- Intoxication
- Shock
What can adverse inferences be drawn from?
Silence or failure to account for certain facts
What is required for a special warning?
Officer must inform suspect of belief and request an explanation
What is the procedure for visual identification evidence?
- Identification Parade in-Person
- VIPER Video Identification
- Group Identification
What is the maximum time for a first hearing after being charged in Magistrates’ court?
Within 14 days
What is the maximum reduction for a guilty plea entered in respect of an either-way offence?
¼
What conditions must be met for a custodial sentence?
The offence must be SO SERIOUS that neither a fine nor a community sentence can be justified.
What is the total custody time limit during the trial in Magistrates’ court?
56 days
What must be established to reject bail?
- Substantial grounds for believing failure to surrender
- Risks of interfering with witnesses
- Grounds for own protection
What is a judicial note?
An incontrovertible source the jury use to find out a fact
What must confessions be to be admissible?
Relevant and legally probative
What grounds can exclude a confession?
- Oppression
- Unreliability
What is the standard for confessions under S.76?
Specific excludes just confessions
Defence only
What are the two grounds for excluding confessions?
- Oppression
- Unreliability
What does the term ‘adverse’ refer to in the context of confessions?
Wholly, partly
What standard must be met to exclude evidence under S.78?
Broad fairness ground TEST—adverse effect on fairness of proceedings
What must the prosecution prove for S.78 to apply?
- Significant and substantial breaches of PACE
- Evidence must be so perverse that no reasonable judge could have reached the same conclusion
What is the common law exclusion test under s.82(3)?
Prejudicial value outweighs its probative value
What does ‘no rule excluding the fruit of the poisoned tree’ imply?
Facts discovered as a result of an excluded confession can still be relied upon in evidence
What is the standard time to exclude evidence in the Magistrates Court?
10 business days before trial
What is a Turnbull Direction?
A judge’s warning regarding the special need for caution when relying on eyewitness identification
What is the general principle regarding the order of trial proceedings?
The Prosecution always goes first
When can the defence make an opening speech?
Only if any witnesses are called
What is the deadline for the jury to deliberate on their verdict?
2 hours 10 minutes, can go up to days
What happens if the defence refuses to give evidence?
May lead to an adverse inference
What is the maximum adjournment period for a defendant on bail in the magistrates’ court?
4 weeks
What is the mnemonic for bad character evidence?
- Agreement
- Blurting out
- Context
- Done it before
- ‘E’ did it
- False impression
- Gets as a witness
What is the definition of bad character evidence under S.98 CJA 2003?
Character evidence unconnected with the offence D is on trial for, including previous convictions and gang membership
What must the disclosure officer ensure the defendant knows?
The nature + reason they were arrested
What is the test for disclosure of material in S.3 CPIA?
May be disclosed if it undermines the prosecution case or assists the defence case
What are the consequences of the suspects or the prosecutions failure to disclose information or evidence)? (Broad question)
- Injustice
- Unsafe conviction
- Wrong conviction
- Adverse inferences
What is required to rely on bad character evidence?
Reason & proper procedure + gateway
What is the procedure for the defence’s disclosure of a witness?
Need a Notice of Intention to Call Defence Witness
What happens to unused material in the Magistrates Court?
Goes into a ‘Streamlined Disclosure Certificate’
What is an exception to bad character evidence?
Not bad character if it relates to the alleged facts of the offence
What are public interest grounds in legal proceedings?
Rarely applied grounds for intervention in legal matters
This refers to circumstances where the public interest may override typical legal procedures.
What is hearsay?
An out of court statement intended to induce belief as evidence of the thing stated
Hearsay is generally inadmissible unless it meets certain exceptions.
What is the significance of a witness summons?
To require a witness to attend court and provide live evidence
This can be enforced even if the witness refuses to comply.
What must judges consider when allowing changes of plea?
Discretion must be exercised judicially and sparingly
A guilty plea must be finalized by the verdict, and a not guilty plea must be finalized before sentencing.
What does competence in legal terms refer to?
Mental ability to give evidence in court
This includes considerations for individuals with disabilities or minors.
True or False: A good character is deemed automatically accepted if not challenged.
True
This is based on the ruling in Browne v Dunn.
What is compellability in the context of witness testimony?
The potential to be required by the court to give evidence
This can vary based on the witness’s circumstances, such as impairment.
What are the common law exceptions to hearsay?
- Public information
- Reputation
- Res gestae
- Confessions
- Common enterprise
- Expert witnesses
These exceptions allow certain hearsay evidence to be admissible under specific conditions.
What does the Interests of Justice test involve?
Court discretion considering various factors related to the evidence’s importance
This is a last resort when ordinary exceptions to hearsay are not available.
What is a Newton Hearing?
Triggered when an element makes a material difference to sentencing
It serves as a mini-trial to resolve disagreements about the basis of a guilty plea.
Fill in the blank: The maximum credit for a guilty plea entered at the first opportunity is ______.
1/3
This credit can decrease based on the timing of the plea.
What is a custodial sentence?
A sentence that involves imprisonment
Most custodial sentences allow for release after serving half the term.
What is the purpose of sentencing?
- Punishment
- Deterrent
- Protection
- Restorative Justice
Sentencing aims to achieve various objectives including reparation to victims.
What factors can aggravate a sentence?
- Targeting vulnerable victims
- Intoxication
- Previous offences and convictions
These factors may lead to a harsher sentence.
What is a community order?
A non-custodial sentence lasting up to 3 years with specific requirements
There are up to 13 different requirements that can be imposed.
What is a suspended sentence?
A custodial sentence that is not immediately enforced
It becomes active if further offences are committed during the operational period.
What is the difference between a deferred sentence and a suspended sentence?
A deferred sentence avoids conviction altogether, while a suspended sentence involves a custodial term that may be activated
This distinction is crucial in legal proceedings.
What does the term ‘mandatory minimum sentence’ refer to?
A sentence that is triggered by multiple convictions for certain offenses
Examples include burglary and Class A drug offenses.
What is the role of the Probation Service in sentencing?
To supervise offenders under community orders and suspended sentences
They ensure compliance with the terms set by the court.
What is the totality principle in sentencing?
Ensures sentences are just and proportionate by considering the overall harm and culpability
It distinguishes between concurrent and consecutive sentences.
What are ancillary orders?
Orders that can be imposed in addition to a custodial sentence, such as confiscation or compensation orders
These are typically within the Crown Court’s power.
What happens if a defendant breaches a community order?
The court may impose a fine or revoke the order and resentence the offender
Breaches can lead to significant consequences depending on severity.
What is the purpose of providing reasons for a sentence?
To ensure transparency and accountability in the sentencing process
Reasons can be brief but must be provided by the judge.
What is the time limit for imposing a Confiscation Order after conviction?
Within two years of conviction
This is a mandatory requirement for Confiscation Orders.
What is the key difference between a deferred sentence and a suspended sentence?
Deferred sentence avoids conviction altogether; the charge is dismissed upon fulfilling conditions
This is not the same as a suspended sentence.
What is the first hearing location for all adult defendants?
Magistrates court
This applies to all types of offences.
What does ‘plea by post’ mean?
A plea can be submitted in writing without the defendant’s presence
Exceptions apply, such as when a witness is summoned.
What is the deadline for appealing a decision made by the Magistrates Court?
15 business days from the date of sentence
This is an automatic right to appeal, so no permission is needed.
What is the deadline for appealing a decision made by the Crown Court?
28 days of conviction
This applies to all decisions made by the Crown Court.
What form is used for lodging an appeal?
Form NG
This is the standard form for appeals.
If a defendant pleads guilty, what are their options for appeal?
Can only appeal against SENTENCE
This negates the need for a trial.
What are the options for a prosecution appeal?
- To High Court by way of case stated
- To admin court for judicial review
- To Attorney General for unduly lenient sentence
- To appeal against terminatory rulings
Prosecution appeals are limited.
What are the options for a defendant appeal?
- By way of case stated for all decisions
- Judicial Review for all decisions
- S.142 rectifying mistakes at Magistrates
- S.142 rectifying mistakes at Crown Court
- Reopening a case for appealing Magistrates decisions
- Re-hearing at Crown Court for appealing Magistrates decisions
- Appeal to Court of Appeal for appealing Crown Court decisions
Defendants have broader options compared to prosecutions.
What is the risk of pursuing an appeal of Magistrates decisions?
No right to bail pending an appeal
Costs can be imposed if the appeal is deemed without merit.
What is the procedure for appealing Crown Court decisions?
- Advice on Appeal
- Certificate of Trial Judge
- Transcripts of previous trial
- Perfecting Ground
- Renewal Application
- Hearing
- Respondent’s Notice
- Consideration to Leave to Appeal
- Representation
This process involves multiple steps and requirements.
What are the universal grounds of appeal?
- Conviction
- Exclusion of evidence
- No case to answer
- Total misdirection of law
- Misdirection of fact
- Fresh evidence come to light
- Defects in indictment
- Inconsistent jury verdicts
- Conduct of legal professionals
- Sentence issues
These grounds provide a basis for challenging decisions.
What does the S.142 slip rule allow in the context of appeals?
To rectify limited mistakes in law & omissions
This applies differently in Magistrates and Crown Courts.
What are the conditions for admitting fresh evidence in the Crown Court?
Only allowed for appeals by way of case stated
New evidence must be connected and necessary.
What is the test for references to the Attorney General for unduly lenient sentences?
The sentence falls outside the scope of what could reasonably be considered appropriate
This applies to indictable-only offences.
What is the time limit for the Attorney General to refer a case to the Court of Appeal after an acquittal?
28 days
The acquittal will stand regardless of the Court of Appeal’s decision.
What is the risk associated with pursuing an appeal of a Crown Court decision?
No right to bail pending an appeal
Costs can be imposed if the appeal is made without merit.
What is the procedure for appealing against terminatory rulings made by the Crown Court?
- Service
- Short adjournment
- Orally apply
This is a prosecution-only appeal.
True or False: A defendant can appeal a conviction without showing any grounds.
False
Grounds must be established for all appeals.
What is the age of criminal responsibility in the UK?
10 years old
This means children under this age cannot be guilty of an offence.
Define ‘Doli incapax’.
Rebuttable presumption that any child under 10 cannot be guilty of an offence.
What is the age range for a ‘child’ under the Children and Young Persons Act 1933?
Under 14 years old.
What is the age range for a ‘young person’ under the Children and Young Persons Act 1933?
Between 14-17 years inclusive.
What happens if a young person is 17 when arrested but turns 18 before their first court appearance?
The Youth Court has no jurisdiction to hear their case.
What is the procedure for a youth’s attendance at court if they are between 16 and 17?
Parent/guardian instruction to attend court applies.
What is the overarching guideline of the Criminal Justice System (CJS) regarding youth?
To prevent people from offending and to have regard to the welfare of children and young persons.
What defines a Persistent Young Offender (PYO)?
Subject to a pre-court disposal involving an admission or finding of guilt on at least 3 occasions in the past 12 months.
Which offences are generally tried in the youth court?
Virtually all offences, except homicide and certain firearms offences.
What is the most important factor affecting the trial venue for a youth?
Whether the sentencing power of the youth court is sufficient.
List factors that affect the conviction of a youth.
- Age at the date of conviction
- Seriousness of the offence
- Likelihood of further offences
- Extent of harm likely to result from any further offences.
What is the structure of youth courts?
No more than 3 magistrates or 1 District judge.
What types of sentences can be imposed on youth?
- Discharge
- Absolute
- Conditional
- Referral Order.
What is a Referral Order?
A contract about reparations and interventions to address offending youth behaviour, lasting 3-12 months.
What is the purpose of a Child Safety Order?
To provide an order instead of conviction for those under 10 years.
What does a Youth Rehabilitation Order (YRO) entail?
Lasts up to 3 years and includes several different programmes for persistent young offenders.
What is the maximum duration of a Detention and Training Order (DTO)?
Up to 2 years.
What is the minimum sentence for a youth found guilty of homicide?
12 years.
What is the presumption regarding bail for youths?
There is a presumption of bail unless certain conditions apply.
What is the procedure for a youth’s guilty plea?
Usually sentenced on the same day.
Can a trial occur in the absence of a youth?
Yes, the trial can take place in the absence of a youth.
What is the primary rule for handling indictable-only offences involving youth?
First hearing is usually in the youth court, but the youth is sent to the Crown Court if charged.
What is the significance of the term ‘grave crime’?
An offence that carries a maximum imprisonment of over 14 years for an adult.
What is the role of an Appropriate Adult during police procedures involving youth?
Assist the vulnerable youth and facilitate communication during the interview.
What are the options available for a juvenile after an interview?
- No further action
- Community resolution
- Youth caution
- Youth conditional caution
- Charge.
What are the consequences of breaching a Civil Order (ASBO)?
Could lead to actual conviction of an offence or DTO up to 2 years.
What is the maximum detention period for a youth under a DTO?
4 months to 2 years.
What must occur if a youth has a previous caution?
They MUST be referred.
What is the key factor for the treatment of either-way offences?
If the sentence is substantially over 2 years, the youth is sent straight to the Crown Court.
What circumstances will a special warning be given, list 4?
- If the officer believes that the object OR substance or mark on the suspect where arrested OR their presence is attributable to their participation in the offence
- If the officer intimate the suspect or their belief and requests an explanation
- If the officer informs the suspect of the ordinary language the effect of failure or refusal to comply with the request
- Finally, if the suspect is cautioned
When is the prosecution entitled to make a closing speech?
When the defendant is represented
Are pre-trial rulings binding and to what extent?
Yes but they can be varied or discharged until the prosecution’s case is concluded
