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My Revision Practice Subjects > CLP Flashcards > Flashcards

CLP Flashcards

1
Q

What is required for specific intent?

A

Requires intention (direct or oblique)

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2
Q

What constitutes basic intent?

A

Committed recklessly

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3
Q

What is the shoplifting cap for summary offences?

A

£200 or LESS

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4
Q

What is the criminal damage cap for summary-only offences?

A

£5,000 or LESS

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5
Q

List three summary-only offences

A
  • Assault
  • Battery
  • Simple CDA
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6
Q

What offences are classified as either-way?

A
  • Theft
  • Burglary a building
  • Fraud
  • ABH s.47
  • CDA ABOVE £5,000
  • All attempts to commit either-way offences
  • Class B drugs
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7
Q

What are indictable-only offences?

A

Everything else is indictable, including murder and aggravated burglary.

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8
Q

What is the maximum magistrates’ sentencing power for one or multiple summary offences?

A

Up to 6 months

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9
Q

What is the time limit for PTPH for summary offences?

A

Within 28 days of plea/sending

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10
Q

What standard must be met in a classic criminal trial?

A

Beyond reasonable doubt

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11
Q

What is required from the defence when raising defences?

A

Must ‘raise’ defence and prove on the balance of probabilities

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12
Q

Fill in the blank: Reasonable grounds to suspect is required for _______.

A

Stop and Search (SS)

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13
Q

What must be proven for a charge/requisition?

A

Sufficient evidence to provide a ‘realistic prospect of conviction’

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14
Q

What is the Galbraith test used for?

A

To assess whether there is not/poor evidence for a case

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15
Q

What is the means test income threshold for qualifying?

A

£12.47 k or LESS

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16
Q

What is the maximum income for failing the full means test?

A

£37,000 or MORE

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17
Q

What is the duty of the court regarding misleading information?

A

Must not mislead the court and test to mention facts of ‘material effect’

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18
Q

Who has the power to approve delays to PACE rights?

A

Superintendent police

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19
Q

What is the maximum detention time without review?

A

24 hours

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20
Q

What happens at 96 hours of detention?

A

The suspect must either be charged, released unconditionally, or released on police bail.

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21
Q

What must interviews with suspects be?

A

Must be recorded and must include a caution

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22
Q

What are ‘Argent factors’?

A
  • State of mind
  • Ill-health
  • Mental health
  • Confusion
  • Intoxication
  • Shock
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23
Q

What can adverse inferences be drawn from?

A

Silence or failure to account for certain facts

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24
Q

What is required for a special warning?

A

Officer must inform suspect of belief and request an explanation

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25
Q

What is the procedure for visual identification evidence?

A
  • Identification Parade in-Person
  • VIPER Video Identification
  • Group Identification
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26
Q

What is the maximum time for a first hearing after being charged in Magistrates’ court?

A

Within 14 days

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27
Q

What is the maximum reduction for a guilty plea entered in respect of an either-way offence?

A

¼

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28
Q

What conditions must be met for a custodial sentence?

A

The offence must be SO SERIOUS that neither a fine nor a community sentence can be justified.

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29
Q

What is the total custody time limit during the trial in Magistrates’ court?

A

56 days

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30
Q

What must be established to reject bail?

A
  • Substantial grounds for believing failure to surrender
  • Risks of interfering with witnesses
  • Grounds for own protection
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31
Q

What is a judicial note?

A

An incontrovertible source the jury use to find out a fact

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32
Q

What must confessions be to be admissible?

A

Relevant and legally probative

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33
Q

What grounds can exclude a confession?

A
  • Oppression
  • Unreliability
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34
Q

What is the standard for confessions under S.76?

A

Specific excludes just confessions

Defence only

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35
Q

What are the two grounds for excluding confessions?

A
  • Oppression
  • Unreliability
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36
Q

What does the term ‘adverse’ refer to in the context of confessions?

A

Wholly, partly

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37
Q

What standard must be met to exclude evidence under S.78?

A

Broad fairness ground TEST—adverse effect on fairness of proceedings

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38
Q

What must the prosecution prove for S.78 to apply?

A
  • Significant and substantial breaches of PACE
  • Evidence must be so perverse that no reasonable judge could have reached the same conclusion
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39
Q

What is the common law exclusion test under s.82(3)?

A

Prejudicial value outweighs its probative value

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40
Q

What does ‘no rule excluding the fruit of the poisoned tree’ imply?

A

Facts discovered as a result of an excluded confession can still be relied upon in evidence

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41
Q

What is the standard time to exclude evidence in the Magistrates Court?

A

10 business days before trial

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42
Q

What is a Turnbull Direction?

A

A judge’s warning regarding the special need for caution when relying on eyewitness identification

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43
Q

What is the general principle regarding the order of trial proceedings?

A

The Prosecution always goes first

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44
Q

When can the defence make an opening speech?

A

Only if any witnesses are called

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45
Q

What is the deadline for the jury to deliberate on their verdict?

A

2 hours 10 minutes, can go up to days

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46
Q

What happens if the defence refuses to give evidence?

A

May lead to an adverse inference

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47
Q

What is the maximum adjournment period for a defendant on bail in the magistrates’ court?

A

4 weeks

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48
Q

What is the mnemonic for bad character evidence?

A
  • Agreement
  • Blurting out
  • Context
  • Done it before
  • ‘E’ did it
  • False impression
  • Gets as a witness
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49
Q

What is the definition of bad character evidence under S.98 CJA 2003?

A

Character evidence unconnected with the offence D is on trial for, including previous convictions and gang membership

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50
Q

What must the disclosure officer ensure the defendant knows?

A

The nature + reason they were arrested

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51
Q

What is the test for disclosure of material in S.3 CPIA?

A

May be disclosed if it undermines the prosecution case or assists the defence case

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52
Q

What are the consequences of the suspects or the prosecutions failure to disclose information or evidence)? (Broad question)

A
  • Injustice
  • Unsafe conviction
  • Wrong conviction
  • Adverse inferences
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53
Q

What is required to rely on bad character evidence?

A

Reason & proper procedure + gateway

54
Q

What is the procedure for the defence’s disclosure of a witness?

A

Need a Notice of Intention to Call Defence Witness

55
Q

What happens to unused material in the Magistrates Court?

A

Goes into a ‘Streamlined Disclosure Certificate’

56
Q

What is an exception to bad character evidence?

A

Not bad character if it relates to the alleged facts of the offence

57
Q

What are public interest grounds in legal proceedings?

A

Rarely applied grounds for intervention in legal matters

This refers to circumstances where the public interest may override typical legal procedures.

58
Q

What is hearsay?

A

An out of court statement intended to induce belief as evidence of the thing stated

Hearsay is generally inadmissible unless it meets certain exceptions.

59
Q

What is the significance of a witness summons?

A

To require a witness to attend court and provide live evidence

This can be enforced even if the witness refuses to comply.

60
Q

What must judges consider when allowing changes of plea?

A

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.

61
Q

What does competence in legal terms refer to?

A

Mental ability to give evidence in court

This includes considerations for individuals with disabilities or minors.

62
Q

True or False: A good character is deemed automatically accepted if not challenged.

A

True

This is based on the ruling in Browne v Dunn.

63
Q

What is compellability in the context of witness testimony?

A

The potential to be required by the court to give evidence

This can vary based on the witness’s circumstances, such as impairment.

64
Q

What are the common law exceptions to hearsay?

A
  • Public information
  • Reputation
  • Res gestae
  • Confessions
  • Common enterprise
  • Expert witnesses

These exceptions allow certain hearsay evidence to be admissible under specific conditions.

65
Q

What does the Interests of Justice test involve?

A

Court discretion considering various factors related to the evidence’s importance

This is a last resort when ordinary exceptions to hearsay are not available.

66
Q

What is a Newton Hearing?

A

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.

67
Q

Fill in the blank: The maximum credit for a guilty plea entered at the first opportunity is ______.

A

1/3

This credit can decrease based on the timing of the plea.

68
Q

What is a custodial sentence?

A

A sentence that involves imprisonment

Most custodial sentences allow for release after serving half the term.

69
Q

What is the purpose of sentencing?

A
  • Punishment
  • Deterrent
  • Protection
  • Restorative Justice

Sentencing aims to achieve various objectives including reparation to victims.

70
Q

What factors can aggravate a sentence?

A
  • Targeting vulnerable victims
  • Intoxication
  • Previous offences and convictions

These factors may lead to a harsher sentence.

71
Q

What is a community order?

A

A non-custodial sentence lasting up to 3 years with specific requirements

There are up to 13 different requirements that can be imposed.

72
Q

What is a suspended sentence?

A

A custodial sentence that is not immediately enforced

It becomes active if further offences are committed during the operational period.

73
Q

What is the difference between a deferred sentence and a suspended sentence?

A

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.

74
Q

What does the term ‘mandatory minimum sentence’ refer to?

A

A sentence that is triggered by multiple convictions for certain offenses

Examples include burglary and Class A drug offenses.

75
Q

What is the role of the Probation Service in sentencing?

A

To supervise offenders under community orders and suspended sentences

They ensure compliance with the terms set by the court.

76
Q

What is the totality principle in sentencing?

A

Ensures sentences are just and proportionate by considering the overall harm and culpability

It distinguishes between concurrent and consecutive sentences.

77
Q

What are ancillary orders?

A

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.

78
Q

What happens if a defendant breaches a community order?

A

The court may impose a fine or revoke the order and resentence the offender

Breaches can lead to significant consequences depending on severity.

79
Q

What is the purpose of providing reasons for a sentence?

A

To ensure transparency and accountability in the sentencing process

Reasons can be brief but must be provided by the judge.

80
Q

What is the time limit for imposing a Confiscation Order after conviction?

A

Within two years of conviction

This is a mandatory requirement for Confiscation Orders.

81
Q

What is the key difference between a deferred sentence and a suspended sentence?

A

Deferred sentence avoids conviction altogether; the charge is dismissed upon fulfilling conditions

This is not the same as a suspended sentence.

82
Q

What is the first hearing location for all adult defendants?

A

Magistrates court

This applies to all types of offences.

83
Q

What does ‘plea by post’ mean?

A

A plea can be submitted in writing without the defendant’s presence

Exceptions apply, such as when a witness is summoned.

84
Q

What is the deadline for appealing a decision made by the Magistrates Court?

A

15 business days from the date of sentence

This is an automatic right to appeal, so no permission is needed.

85
Q

What is the deadline for appealing a decision made by the Crown Court?

A

28 days of conviction

This applies to all decisions made by the Crown Court.

86
Q

What form is used for lodging an appeal?

A

Form NG

This is the standard form for appeals.

87
Q

If a defendant pleads guilty, what are their options for appeal?

A

Can only appeal against SENTENCE

This negates the need for a trial.

88
Q

What are the options for a prosecution appeal?

A
  • 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.

89
Q

What are the options for a defendant appeal?

A
  • 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.

90
Q

What is the risk of pursuing an appeal of Magistrates decisions?

A

No right to bail pending an appeal

Costs can be imposed if the appeal is deemed without merit.

91
Q

What is the procedure for appealing Crown Court decisions?

A
  • 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.

92
Q

What are the universal grounds of appeal?

A
  • 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.

93
Q

What does the S.142 slip rule allow in the context of appeals?

A

To rectify limited mistakes in law & omissions

This applies differently in Magistrates and Crown Courts.

94
Q

What are the conditions for admitting fresh evidence in the Crown Court?

A

Only allowed for appeals by way of case stated

New evidence must be connected and necessary.

95
Q

What is the test for references to the Attorney General for unduly lenient sentences?

A

The sentence falls outside the scope of what could reasonably be considered appropriate

This applies to indictable-only offences.

96
Q

What is the time limit for the Attorney General to refer a case to the Court of Appeal after an acquittal?

A

28 days

The acquittal will stand regardless of the Court of Appeal’s decision.

97
Q

What is the risk associated with pursuing an appeal of a Crown Court decision?

A

No right to bail pending an appeal

Costs can be imposed if the appeal is made without merit.

98
Q

What is the procedure for appealing against terminatory rulings made by the Crown Court?

A
  • Service
  • Short adjournment
  • Orally apply

This is a prosecution-only appeal.

99
Q

True or False: A defendant can appeal a conviction without showing any grounds.

A

False

Grounds must be established for all appeals.

100
Q

What is the age of criminal responsibility in the UK?

A

10 years old

This means children under this age cannot be guilty of an offence.

101
Q

Define ‘Doli incapax’.

A

Rebuttable presumption that any child under 10 cannot be guilty of an offence.

102
Q

What is the age range for a ‘child’ under the Children and Young Persons Act 1933?

A

Under 14 years old.

103
Q

What is the age range for a ‘young person’ under the Children and Young Persons Act 1933?

A

Between 14-17 years inclusive.

104
Q

What happens if a young person is 17 when arrested but turns 18 before their first court appearance?

A

The Youth Court has no jurisdiction to hear their case.

105
Q

What is the procedure for a youth’s attendance at court if they are between 16 and 17?

A

Parent/guardian instruction to attend court applies.

106
Q

What is the overarching guideline of the Criminal Justice System (CJS) regarding youth?

A

To prevent people from offending and to have regard to the welfare of children and young persons.

107
Q

What defines a Persistent Young Offender (PYO)?

A

Subject to a pre-court disposal involving an admission or finding of guilt on at least 3 occasions in the past 12 months.

108
Q

Which offences are generally tried in the youth court?

A

Virtually all offences, except homicide and certain firearms offences.

109
Q

What is the most important factor affecting the trial venue for a youth?

A

Whether the sentencing power of the youth court is sufficient.

110
Q

List factors that affect the conviction of a youth.

A
  • Age at the date of conviction
  • Seriousness of the offence
  • Likelihood of further offences
  • Extent of harm likely to result from any further offences.
111
Q

What is the structure of youth courts?

A

No more than 3 magistrates or 1 District judge.

112
Q

What types of sentences can be imposed on youth?

A
  • Discharge
  • Absolute
  • Conditional
  • Referral Order.
113
Q

What is a Referral Order?

A

A contract about reparations and interventions to address offending youth behaviour, lasting 3-12 months.

114
Q

What is the purpose of a Child Safety Order?

A

To provide an order instead of conviction for those under 10 years.

115
Q

What does a Youth Rehabilitation Order (YRO) entail?

A

Lasts up to 3 years and includes several different programmes for persistent young offenders.

116
Q

What is the maximum duration of a Detention and Training Order (DTO)?

A

Up to 2 years.

117
Q

What is the minimum sentence for a youth found guilty of homicide?

A

12 years.

118
Q

What is the presumption regarding bail for youths?

A

There is a presumption of bail unless certain conditions apply.

119
Q

What is the procedure for a youth’s guilty plea?

A

Usually sentenced on the same day.

120
Q

Can a trial occur in the absence of a youth?

A

Yes, the trial can take place in the absence of a youth.

121
Q

What is the primary rule for handling indictable-only offences involving youth?

A

First hearing is usually in the youth court, but the youth is sent to the Crown Court if charged.

122
Q

What is the significance of the term ‘grave crime’?

A

An offence that carries a maximum imprisonment of over 14 years for an adult.

123
Q

What is the role of an Appropriate Adult during police procedures involving youth?

A

Assist the vulnerable youth and facilitate communication during the interview.

124
Q

What are the options available for a juvenile after an interview?

A
  • No further action
  • Community resolution
  • Youth caution
  • Youth conditional caution
  • Charge.
125
Q

What are the consequences of breaching a Civil Order (ASBO)?

A

Could lead to actual conviction of an offence or DTO up to 2 years.

126
Q

What is the maximum detention period for a youth under a DTO?

A

4 months to 2 years.

127
Q

What must occur if a youth has a previous caution?

A

They MUST be referred.

128
Q

What is the key factor for the treatment of either-way offences?

A

If the sentence is substantially over 2 years, the youth is sent straight to the Crown Court.

129
Q

What circumstances will a special warning be given, list 4?

A
  • 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
130
Q

When is the prosecution entitled to make a closing speech?

A

When the defendant is represented

131
Q

Are pre-trial rulings binding and to what extent?

A

Yes but they can be varied or discharged until the prosecution’s case is concluded

My Revision Practice Subjects (2 decks)

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