CLP LA Flashcards
(154 cards)
1
Q
What rights does a suspect have when detained for questioning?
A
A suspect who is detained at a police station is entitled to consult a solicitor privately at any time.
2
Q
Can the right to legal advice be delayed?
A
Yes, a superintendent may authorise the delay of the right to legal advice for up to 36 hours under certain conditions.
3
Q
What happens if access to legal advice is delayed during an interview?
A
The court may not draw adverse inferences from the suspect’s silence.
4
Q
What is the right to have someone informed of arrest?
A
A suspect is entitled to have one person told about their arrest and detention as soon as possible.
5
Q
Can the right to inform someone of arrest be delayed?
A
Yes, an inspector may authorise the delay for up to 36 hours under certain conditions.
6
Q
What are the specified consequences that justify delaying rights?
A
Delays can occur to prevent tipping off other suspects, interfering with evidence, or preventing recovery of property.
7
Q
What must be noted when rights are delayed?
A
The grounds for delaying the right must be noted in the custody record and the suspect must be informed.
8
Q
What are the grounds for detention before charge?
A
Detention is necessary to secure or preserve evidence or to obtain evidence by questioning.
9
Q
What is the timing for the first review of detention?
A
The first review must take place no later than 6 hours after the detention was first authorised.
10
Q
What is the limit on detention without charge?
A
A suspect must not be kept in police detention for more than 24 hours without being charged.
11
Q
How can detention time limits be extended?
A
Detention can be extended up to 36 hours or 96 hours under specific authorizations.
12
Q
What is the procedure for identification procedures?
A
An ID procedure must be held where an offence has been eye-witnessed and the suspect disputes being the person seen.
13
Q
What is the definition of an interview under COP C?
A
An interview is the questioning of a person regarding their involvement or suspected involvement in a criminal offence.
14
Q
What is required during police interviews?
A
All interviews must be carried out under police caution and recorded contemporaneously.
15
Q
What is the right to silence in a police interview?
A
Every suspect has a right to silence, but adverse inferences may be drawn from their silence at trial.
16
Q
What is the role of a defence solicitor?
A
A defence solicitor must actively protect the suspect’s interests and advance their case.
17
Q
What defines a vulnerable person in criminal law?
A
A vulnerable person is defined as anyone under 18 or with a mental illness that affects their understanding.
18
Q
What is the role of an appropriate adult (AA)?
A
An AA supports and assists the detained person by protecting their rights and ensuring they understand their detention.
19
Q
What is the presumption of the right to bail?
A
The court must presume a defendant is entitled to bail unless a proper ground for objection is made.
20
Q
What are common grounds for objecting to bail?
A
Grounds include the risk of custodial sentence, failure to attend hearings, or interference with justice.
21
Q
What happens if a defendant breaches bail?
A
A defendant who breaches bail can be arrested and brought before the magistrates’ court for reconsideration.
22
Q
What occurs at first hearings in the magistrates’ court?
A
First hearings deal with matters of bail, representation, and legal aid.
23
Q
What is reasonable cause in relation to custody?
A
Reasonable cause is necessary to surrender to custody. Failure to surrender is punishable by imprisonment or fine.
24
Q
Where do all adult defendants have their first hearing?
A
All adult defendants have their first hearing before the Magistrates’ Court (MC) regardless of the offence they are charged with.
25
What matters are covered in first hearings?
First hearings always deal with matters of bail, representation, and legal aid.
26
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.
27
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.
28
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.
29
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.
30
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.
31
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.
32
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.
33
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.
34
How is complex fraud treated?
Complex fraud is treated as an indictable only offence if it meets certain criteria such as exceeding £500,000.
35
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’.
36
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.
37
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.
38
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.
39
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.
40
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.
41
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.
42
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.
43
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.
44
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.
45
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).
46
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.
47
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.
48
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.
49
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.
50
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.
51
What is oppression in the context of confession admissibility?
Oppression is defined widely with reference to the character and attributes of the accused.
52
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.
53
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.
54
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.
55
What must bad character evidence go through to be admissible?
Bad character evidence must go through a gateway to be admissible.
56
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.
57
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.
58
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.
59
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.
60
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.
61
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.
62
What does s 78 PACE state about the right to a fair trial?
The court may exclude prosecution evidence that would have such an adverse effect on the fairness of the proceedings that it ought not to be admitted.
63
When can the defense apply under s 78?
The defense can apply under s 78 at any time before the disputed evidence is adduced.
64
What is the etiquette for addressing magistrates in court?
Summary trials take place before a bench of at least two lay magistrates addressed as 'Sir' or 'Madam', or a single District Judge addressed as 'Judge'.
65
How are judges addressed in Crown Court trials?
Trials on indictment take place before a Circuit Judge or Recorder addressed as 'Your Honour', or a High Court Judge addressed as 'My Lord' or 'My Lady'.
66
What occurs during the prosecution opening speech?
The prosecution will summarise the facts and issues in the case.
67
What is the defense's role in identifying matters in dispute?
The court may invite the defense to confirm or clarify what the issues in the case are.
68
What happens during prosecution evidence presentation?
The prosecution witnesses will be examined in chief by the prosecution and cross-examined by the defense.
69
What is a submission of no case to answer?
The defense or the court can submit that there is no case to answer, with the argument heard in the absence of a jury.
70
What should a judge do according to R v Galbraith?
The judge should stop the case if there is no evidence that the crime has been committed by the defendant or if the prosecution evidence is insufficient for a properly directed jury to convict.
71
When can the defense make an opening speech?
The defense may make an opening speech if one or more defense witnesses (other than the defendant) will be called to give factual evidence.
72
What occurs during defense evidence presentation?
The defense witnesses will be examined in chief by the defense and cross-examined by the prosecution.
73
Under what conditions can the prosecution make a closing speech?
The prosecution is only entitled to make a closing speech where the defendant is represented or has introduced evidence other than their own.
74
What is the defense's right regarding closing speeches?
The defense will always be entitled to make a closing speech which will follow that of the prosecution.
75
What does the judge do during summing up in Crown Court?
The judge will deal with legal directions and sum up the prosecution and defense cases for the jury.
76
How is the verdict announced in court?
The verdict will be announced in open court.
77
What happens in case of disagreement among magistrates?
Where there is disagreement amongst three magistrates, the majority prevails. A rehearing is required where there is disagreement among two magistrates.
78
What is required for a jury verdict in Crown Court?
The jury must be unanimous unless a majority direction is given.
79
What is the duty of the court in giving reasons for a guilty verdict?
The court will be required to give reasons for any guilty verdict reached.
80
What type of questions are used in examination in chief?
For examination in chief, the questions should be non-leading.
81
What type of questions can be used in cross-examination?
Leading questions can be used in cross-examination.
82
What is the competence and compellability of the defendant?
The defendant is competent for the defense and compellable for neither party.
83
What is the competence and compellability of children and persons with disabilities?
They are competent and compellable for any party if they can understand questions and give comprehensible answers.
84
What about deaf or speech-impaired witnesses?
They are competent and compellable for any party if they understand the solemnity of the oath.
85
What is the competence and compellability of spouses or civil partners?
Spouses/civil partners are competent and compellable for any party, although compellability for the prosecution is limited to cases of domestic violence and child abuse.
86
What is the purpose of special measures in court?
Special measures are put in place to assist witnesses and maximise the quality of evidence given in court.
87
Who is eligible for special measures?
Witnesses who are under 18 at the time of trial, vulnerable, or otherwise in fear or distress about testifying are eligible for special measures.
88
What is required to request a witness summons?
The prosecution or the defense can ask the court to issue a witness summons if the witness is likely to give material evidence and it is in the interests of justice to issue a summons.
89
What must courts follow regarding sentencing guidelines?
Every court must follow the offence-specific sentencing guidelines unless it is satisfied that it would be contrary to the interests of justice to do so.
90
How is the seriousness of an offence determined?
The guidelines set a starting point and a range of sentence for each offence based on the offender’s culpability and the extent of harm caused.
91
What are examples of aggravating factors in sentencing?
Examples include previous convictions and committing an offence while on bail.
92
What are examples of mitigating factors in sentencing?
Examples include mental illness or disability and lack of previous convictions.
93
What is the principle of totality in sentencing?
When sentencing for more than one offence, the court must ensure that the overall sentence is just and proportionate.
94
When are concurrent sentences appropriate?
Concurrent sentences are usually appropriate where the various offences arise out of the same facts.
95
When are consecutive sentences more likely?
Consecutive sentences are more likely where the various offences arise out of different facts.
96
What is the credit for a guilty plea at the first stage?
The maximum reduction in sentence is 1/3.
97
What is the credit for a guilty plea after the first stage?
The maximum reduction in sentence is 1/4.
98
What is the credit for a guilty plea on the day of trial?
The maximum reduction in sentence is 1/10.
99
What is the requirement for custodial sentences?
The sentence must be for the possible shortest period to reflect the purpose of the sentence.
100
What is the duration for suspended sentences in magistrates' court?
Any determinate custodial sentence may be suspended between 14 days and 6 months.
101
What is the duration for suspended sentences in Crown Court?
Any determinate custodial sentence may be suspended between 14 days and 2 years.
102
What are the limits on community orders?
The offender must be over 18 and the offence must be punishable by imprisonment. The order must not last longer than 3 years.
103
What happens if an offender fails to comply with a community order?
Breach proceedings will be instituted the second time an offender fails, without reasonable excuse, to comply with any requirement of their community order.
104
What are the consequences of breaching a community order?
The court may fine the offender, amend the order to make it more onerous, or revoke the order and re-sentence the offender for the original offence.
105
What is the threshold for a custodial sentence?
The court must not pass a custodial sentence unless it considers that the offence was so serious that neither a fine alone nor a community sentence can be justified.
106
What is the threshold for a community order?
The court must not make a community order unless it considers that the offence was serious enough to warrant the making of such an order.
107
What is the purpose of a Newton hearing?
Newton Hearings are to determine the factual basis for sentence in cases where the defendant pleads guilty but disputes the prosecution version of events.
108
What is the procedure for a Newton hearing?
A Newton Hearing is much like a regular trial, but in the Crown Court it takes place without a jury.
109
What is the burden of proof in a Newton hearing?
The prosecution must prove its case beyond reasonable doubt. If it fails, the court will pass sentence on the defense version of the facts.
110
What does s 142 MC Act state about the magistrates' court?
S 142 MC Act empowers the MC to vary a sentence or set aside a conviction if it is in the interests of justice to do so.
111
When is an appeal to the Crown Court by way of re-hearing appropriate?
An appeal to the CC by way of re-hearing is appropriate where the MC has made an error of fact or mixed fact and law.
112
What is the requirement for leave when appealing from the magistrates' court to the Crown Court?
S 108 MC Act provides a right of appeal from the MC to the CC, meaning leave is not required.
113
What is the deadline for appealing from the magistrates' court?
Notice of appeal must be served on the MC and the prosecution within 15 days of sentence.
114
What can a defendant appeal against if they pleaded not guilty?
A defendant who pleaded not guilty may appeal against their conviction and/or sentence.
115
What can a defendant appeal against if they pleaded guilty?
A defendant who pleaded guilty may only appeal against sentence.
116
What happens if an appeal against conviction is successful?
If their appeal is successful, the appellant’s sentence will be quashed.
117
What happens if an appeal against conviction is unsuccessful?
If their appeal is unsuccessful, the appellant’s conviction will be upheld, and their sentence may increase within the powers of the MC.
118
What are the consequences of an unsuccessful appeal against sentence?
If their appeal is successful, the appellant’s sentence will be reduced or changed. If their appeal is unsuccessful, the appellant’s sentence may increase within the powers of the MC.
119
What costs may be awarded in an appeal?
A successful appellant may be awarded a defense costs order. An unsuccessful appellant may be required to pay the prosecution’s costs.
120
What are the formalities for an appeal?
The case is re-heard before a CC judge and two lay magistrates. Parties are not limited to the evidence that was called during the trial.
121
When is an appeal to the High Court by way of case stated appropriate?
An appeal to the HC by way of case stated is appropriate where the MC has made an error of law or acted in excess of its jurisdiction.
122
What is required for leave when appealing to the High Court?
The appellant must apply to the MC to state a case for the opinion of the HC.
123
What is the deadline for appealing to the High Court?
The deadline is 21 days from the date of the decision sought to be appealed.
124
What is a 'case stated' in the context of appeals?
'Case stated' is a statement of facts prepared by one court for the opinion of another on a point of law.
125
What can the High Court do upon appeal?
The HC may reverse, affirm, or amend the MC’s decision, remit the case for opinion or make another order as it sees fit.
126
What are the formalities for a case stated appeal?
The case is stated before at least two HC judges, normally three. As the appeal is based on legal evidence, no evidence is heard.
127
What does s 385 Sentencing Act state about the Crown Court?
S 385 Sentencing Act empowers the same judge to vary or rescind a sentence within 56 days of it being made if it is in the interests of justice to do so.
128
What can the MC do regarding its decision?
The MC can reverse, affirm, or amend its decision, remit the case for opinion, or make another order as it sees fit.
129
How is a case stated before the HC judges?
The case is stated before at least two HC judges, normally three. No evidence is heard as the appeal is based on legal evidence.
130
What does S 385 of the Sentencing Act allow?
It empowers the same judge to vary or rescind a sentence within 56 days if it is in the interests of justice to do so.
131
Where do appeals from the Crown Court typically go?
Appeals from the CC almost always go to the COA.
132
Is leave required to appeal to the COA?
Yes, leave is always required to appeal to the COA.
133
What is the deadline for appealing to the COA?
Form NG and Counsel’s Advice and Grounds must be served on the CC within 28 days of the decision being appealed.
134
What can a defendant appeal against?
A defendant may appeal against their conviction and/or sentence, regardless of plea.
135
How are first applications for leave considered?
First applications for leave are normally considered by a single judge on the papers alone.
136
What happens if a first application for leave is refused?
If leave is refused by a single judge, the appellant has 10 business days to renew their application.
137
What occurs if a first or second application for leave is granted?
The matter is listed for appeal before a full two judge (sentence appeals) or a three judge (conviction appeals) court.
138
What does the court consider at the appeal hearing?
The court considers the merits of the appeal and may allow it if it thinks the conviction is unsafe or the sentence should have been different.
139
Can the COA admit fresh evidence?
Yes, the COA may admit fresh evidence if it thinks it necessary or expedient in the interests of justice.
140
What is the jurisdiction of the Youth Court?
There is a presumption that youths will be dealt with by the YC for nearly all offences, even those classed as indictable only for adults.
141
What is the composition of the Youth Court?
YCs are essentially MCs, with trials taking place before at least two (normally three) lay magistrates or a single District Judge.
142
What is required regarding the attendance of parents/guardians?
A parent or guardian must attend with the youth if they are under 16; attendance is at the court's discretion for those aged 16 or 17.
143
When do most youths have their first hearing?
Most youths will have their first hearing before the YC unless they are jointly charged with an adult or charged with aiding an adult.
144
What happens if a youth pleads guilty at their first appearance?
If they plead guilty, the case proceeds to sentence; if not guilty, it proceeds to trial.
145
When can a plea be entered before venue?
A plea shall only be entered before venue for grave crimes or when jointly charged with an adult for an either way or indictable offence.
146
Who must be sent directly to the CC for trial?
‘Dangerous’ offenders and those charged with homicide or certain firearms offences must be sent directly to the CC.
147
What defines a 'grave' crime?
A ‘grave’ crime is an offence that carries 14 years or more imprisonment for adults, including certain sexual offences.
148
What defines a 'dangerous' youth?
A youth is considered ‘dangerous’ if accused of a specified violent, sexual, or terrorism offence with a significant risk of serious harm.
149
When must a youth be tried in the CC?
A youth must be tried in the CC when charged with homicide, certain firearms offences, or a grave/dangerous crime with a sentence exceeding two years.
150
What factors are considered for youths jointly charged with adults?
Factors include potential injustice from separate trials, the youth's age and maturity, relative culpability, and lack of previous findings of guilt.
151
What must courts consider when sentencing youths?
Courts must consider the aim to prevent re-offending, the youth's age and welfare, the seriousness of the offence, and likelihood of further offences.
152
What is a referral order?
A referral order requires an offender to attend meetings of a youth offender panel and comply with a behaviour programme for 3 to 12 months.
153
What is a Detention and Training Order?
A DTO is the only custodial sentence available to the youth court and should be used as a last resort for serious offences.
154
What is a Youth Rehabilitation Order?
A YRO for a maximum of 36 months may be passed if the offence is serious enough and can be tailored to suit the offender.
