CLP LA Flashcards
What rights does a suspect have when detained for questioning?
A suspect who is detained at a police station is entitled to consult a solicitor privately at any time.
Can the right to legal advice be delayed?
Yes, a superintendent may authorise the delay of the right to legal advice for up to 36 hours under certain conditions.
What happens if access to legal advice is delayed during an interview?
The court may not draw adverse inferences from the suspect’s silence.
What is the right to have someone informed of arrest?
A suspect is entitled to have one person told about their arrest and detention as soon as possible.
Can the right to inform someone of arrest be delayed?
Yes, an inspector may authorise the delay for up to 36 hours under certain conditions.
What are the specified consequences that justify delaying rights?
Delays can occur to prevent tipping off other suspects, interfering with evidence, or preventing recovery of property.
What must be noted when rights are delayed?
The grounds for delaying the right must be noted in the custody record and the suspect must be informed.
What are the grounds for detention before charge?
Detention is necessary to secure or preserve evidence or to obtain evidence by questioning.
What is the timing for the first review of detention?
The first review must take place no later than 6 hours after the detention was first authorised.
What is the limit on detention without charge?
A suspect must not be kept in police detention for more than 24 hours without being charged.
How can detention time limits be extended?
Detention can be extended up to 36 hours or 96 hours under specific authorizations.
What is the procedure for identification procedures?
An ID procedure must be held where an offence has been eye-witnessed and the suspect disputes being the person seen.
What is the definition of an interview under COP C?
An interview is the questioning of a person regarding their involvement or suspected involvement in a criminal offence.
What is required during police interviews?
All interviews must be carried out under police caution and recorded contemporaneously.
What is the right to silence in a police interview?
Every suspect has a right to silence, but adverse inferences may be drawn from their silence at trial.
What is the role of a defence solicitor?
A defence solicitor must actively protect the suspect’s interests and advance their case.
What defines a vulnerable person in criminal law?
A vulnerable person is defined as anyone under 18 or with a mental illness that affects their understanding.
What is the role of an appropriate adult (AA)?
An AA supports and assists the detained person by protecting their rights and ensuring they understand their detention.
What is the presumption of the right to bail?
The court must presume a defendant is entitled to bail unless a proper ground for objection is made.
What are common grounds for objecting to bail?
Grounds include the risk of custodial sentence, failure to attend hearings, or interference with justice.
What happens if a defendant breaches bail?
A defendant who breaches bail can be arrested and brought before the magistrates’ court for reconsideration.
What occurs at first hearings in the magistrates’ court?
First hearings deal with matters of bail, representation, and legal aid.
What is reasonable cause in relation to custody?
Reasonable cause is necessary to surrender to custody. Failure to surrender is punishable by imprisonment or fine.
Where do all adult defendants have their first hearing?
All adult defendants have their first hearing before the Magistrates’ Court (MC) regardless of the offence they are charged with.
What matters are covered in first hearings?
First hearings always deal with matters of bail, representation, and legal aid.
When is a defendant asked to enter their plea?
Only at a first hearing for a summary or either way offence will the defendant be asked to enter their plea.
What does the Initial Details of the Prosecution Case (IDPC) include?
IDPC must include a summary of the circumstances of the offence and the defendant’s criminal record.
What happens if the IDPC is not supplied?
The usual remedy is for the court to adjourn the first hearing and/or award costs to the defence.
What is a summary only offence?
A defendant charged with a summary only offence has their trial in the MC and is sentenced in the MC.
What is an either way offence?
A defendant charged with an either way offence has their trial in either the MC or the Crown Court (CC) and is sentenced in either the MC or the CC.
What is an indictable only offence?
A defendant charged with an indictable only offence has their trial in the CC and is sentenced in the CC.
What is the exception for related summary offences?
A defendant charged with an indictable offence and any related summary only offences must be sent for trial in the CC and sentenced in the CC.
What constitutes low value shoplifting?
Stealing goods valued at £200 or less is treated as a summary only offence, but a defendant can still elect CC trial.
How is complex fraud treated?
Complex fraud is treated as an indictable only offence if it meets certain criteria such as exceeding £500,000.
What happens during a plea before venue?
During the first hearing for an either way offence, the defendant is asked to indicate a ‘plea before venue’.
What happens if a defendant pleads guilty at the first hearing?
If the MC decides its powers are sufficient, then sentence may be passed immediately or adjourned for a pre-sentence report.
What is the purpose of a Plea and Trial Preparation Hearing (PTPH)?
A PTPH is the main pre-trial hearing for cases tried in the CC.
What is the initial duty of disclosure by the prosecution?
The prosecutor must disclose any unused material which might undermine the prosecution’s case or assist the accused’s case.
What is hearsay evidence?
Hearsay is a statement made by a person out of court, in relation to a relevant matter, for the purpose of causing another person to believe that matter.
What are the main grounds for admission of hearsay evidence?
Hearsay may be admitted if the statement maker is unavailable to give oral evidence or if it is a business document prepared in contemplation of criminal proceedings.
When can hearsay evidence be admissible?
Hearsay evidence can be admissible only if: any of the statutory exemptions apply; any of the common law exemptions apply; the parties agree; or the court considers it in the interests of justice.
What is a ground for the admission of hearsay evidence regarding witness availability?
Hearsay may be admitted if the statement maker is unavailable to give oral evidence, such as being dead, missing, physically/mentally incapable, fearful, or abroad.
What conditions allow business documents to be admitted as hearsay evidence?
Hearsay may be admitted if any of the conditions in s 116 are satisfied, or the person who supplied the information cannot reasonably be expected to recollect the matters dealt with in the statement.
Under what circumstances can hearsay evidence be admitted in the interests of justice?
Hearsay may be admitted if the court considers it necessary based on the circumstances in which it was made, the possibility of oral evidence, the value of the statement to a matter in issue, other evidence on the matter, and/or the reliability of the maker.
What is required for the admission of hearsay evidence?
Notice must be given of intention to introduce hearsay evidence under s 116, s 117(c), or s 114(1)(d).
What is the definition of a confession under S 82 PACE?
A confession is any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and in words or otherwise.
How can a defendant’s confession be admitted as evidence?
A defendant’s confession may be given in evidence so far as it is relevant and not excluded by the court in pursuance to ss 76 and/or 78 PACE.
What must the defense include when challenging the admissibility of a confession?
The defense must include in its defense statement its intention to represent to the court that the confession evidence was or may have been obtained improperly.
When can applications to challenge a confession be made?
Applications can be made at a pre-trial hearing or dealt with as a preliminary issue on the trial date.
What is the burden of proof regarding the admissibility of a confession?
The prosecution must prove beyond reasonable doubt that the confession was not obtained by oppression or in consequence of anything said or done likely to render the confession unreliable.
What is oppression in the context of confession admissibility?
Oppression is defined widely with reference to the character and attributes of the accused.
What constitutes exclusion for things said or done that render a confession unreliable?
The things said and done to the defendant are the positive acts and omissions by the police in breach of PACE, which must have been likely to render the confession unreliable.
What is the purpose of challenging admissibility under s 78 PACE?
It is appropriate for the defense to seek to exclude confession evidence under both ss 76 and 78 PACE, with s 78 offering broader protections based on overall fairness.
What is the definition of bad character evidence under S 98 CJA?
Bad character evidence is evidence of a disposition towards misconduct which is not related to the alleged facts of the offence, its investigation, or its prosecution.
What must bad character evidence go through to be admissible?
Bad character evidence must go through a gateway to be admissible.
What are the 7 gateways for admissibility of defendant bad character evidence?
The gateways include: payback for an attack on another person’s character; relevance to an important matter in issue; important explanatory evidence; value to an important matter in issue; agreement of all parties; correcting a false impression; and the defendant adducing the evidence.
What are the 3 gateways for admissibility of non-defendant bad character evidence?
The gateways are: important explanatory evidence; probative value in relation to a matter in issue; and agreement of all parties.
What is required for admitting bad character evidence?
Notice must be given of applications to admit via the gateways requiring leave of the court, detailing the facts of the misconduct.
What discretion does the court have regarding bad character evidence?
The court may exclude evidence if it appears that the admission would have an adverse effect on fairness.
Under what circumstances can the court exclude evidence due to lapse of time?
The court may exclude evidence of an earlier conviction if sufficient time has elapsed that it would be unjust to admit the evidence.
What can the court do if it finds an unsafe conviction?
The court may stop proceedings at any time after the close of the prosecution case if satisfied that the bad character evidence adduced is contaminated.
