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TIme Limits > CLP - time limits > Flashcards

CLP - time limits Flashcards

1
Q

Rank to authorise interview of injured/intoxicated/disabled suspect or vulnerable person without AA

Preliminaries

A

Superintendent

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2
Q

Rank responsible for conduct of identification procedure

Preliminaries

A

Inspector

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3
Q

Rank required for custody officer

Preliminaries

A

sergeant

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4
Q

Rank to deny right to solicitor and max time

Preliminaries

A

Superintendent (in writing); 36 hours

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5
Q

Who authorises initial detention

Preliminaries

A

Custody officer (sargent)

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6
Q

Deadline for laying information for summary offence (the only CLP charge limitation)

Preliminaries

A

6 months

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7
Q

Rank to delay right to have arrest announced and how long for?

Preliminaries

A

Inspector (in writing) – 36 hours

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8
Q

Rank to extend detention w/o charge + what is the further extension

Preliminaries

A

Superintendent can extend from 24hrs -> 36 hours (from ‘relevant time’ = arriving at station)
Apply to magistrates for further 36 hours (max 96 hours)

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9
Q

When are reviews of detention required by review officer

Preliminaries

A

Must be authorised 6 hours after arrest and then reviewed every 9 hoursthereafter

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10
Q

Rank of custody review officer

Preliminaries

A

Superintendent

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11
Q

Order of authority for police officers

Preliminaries

A
  1. Superintendent
  2. Inspector
  3. Sargent
  4. Constable
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12
Q

Notice of intention to call defence witness (ie defence statement) in MC (optional)

Pre-Trial Matters

A

10 business days from prosecution compliance with disclosure

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13
Q

Notice of intention to call defence witness in CC

Pre-Trial matters

A

28 days from prosecution compliance with disclosure

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14
Q

Timing of first hearing

Pre-trial matters

A

14 days from charge if guilty plea anticipated -> MC
28 days from charge if likely to plead n guilty or go to CC

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15
Q

Where is bail first applied for

Pre-Trial Matters

A

Magistrates court (all crimes except murder)

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16
Q

Custody time limit for summary offence

Pre-Trial Matters

A

56 days

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17
Q

Custody time limit for indictable/either-way

Pre-trial matters

A

182 days

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18
Q

When will the PTPH be set

Pre-trial matters

A

Within 28 days of transferring case from MC to CC; in any event no longer than 35

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19
Q

When is the draft indictment to be sent when suspect in custody

Pre-trial matters

A

7 days before PTPH

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20
Q

When does prosecution serve used materials

Evidence

A

No later than beginning of first day of trial

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21
Q

When are unused materials disclosed?

Evidence

A

MC – when pleads NG
CC – D sent to trial

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22
Q

Notice for witness summons (in defence statement?)

Evidence

A

MC – within 14 days of pros. disclosure
CC – within 28 days of pros. disclosure

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23
Q

Pros time limit for responding to specific disclosure request

Evidence

A

10 business days

24
Q

Notice to use hearsay in MC

Evidence

A

ASAPr and no more than 20 business days after NG plea

25
Q

Notice to use hearsay in CC

Evidence

A

ASAPr and no more than 10 business days after NG plea

26
Q

Deadline for disputing use of hearsay evidence

Evidence

A

10 business days from receiving notice

27
Q

How long can a sentence be deferred for

Sentencing

A

6 months +
Further 6 months if committed to CC at end

28
Q

Defendants due to pay fines

Sentencing

A

Immediately

29
Q

Number of hours of curfew per day to count for ½ day credit

Sentencing

30
Q

Time the Magistrates’ can suspend a sentence

Sentencing

A

14 days – 6 months

31
Q

Time the CC can suspend a sentence

Sentencing

A

14 days - 2 years

32
Q

Maximum sentence the MC can impose for summary/indictable only offences

Sentencing

A
  • 6 months for summary
  • 6 months for a single either way offence; or
  • 12 months for two or more either way offences.
33
Q

Time limit for AG to refer sentence to CoA for undue leniency

Appeals

34
Q

Notice of appeal from MC to CC

Appeals

A

15 business days from conviction/sentence on all parties

35
Q

Notice of appeal from MC to Divisional Court (by way of ‘case stated’) for error of law or excess of jurisdiction

Appeals

A

21 days from decision [where sentence is adjourned following conviction = date of sentence]

36
Q

Deadline for D appealing conviction/sentence from CC

Appeals

A

28 days after conviction/sentence

37
Q

Condition for appeal from CoA to SC

Appeals

A

General public importance

38
Q

Age of legal responsibility

Youths

39
Q

Maximum term of detention for youth offenders

Youths

40
Q

Length of referral order

A

Min is 3 months and maximum term is 12 months

41
Q

Maximum term for Youth Rehabilitation Order

Youths

42
Q

what are the gateways for DEFENDANT bad character evidence

A

7 Gateways:

All parties agree
Blurts it out = Defendant talks about their own character
Context = important explanatory evidence
Done it before
‘E did it
False impression
Gets at the witness

43
Q

what are the gateways for NON-DEFENDANT bad character evidence

A
  1. It is important explanatory evidence
  2. It has substantial probative value in relation to a matter which:
  3. All parties agree
44
Q

what are the summary only offences

A

ABCs
Assault
Battery
Criminal Damage (simple)
Shoplifting (below £200)

45
Q

What are the either way offences

A
  • Theft
  • Burglary = s9(1)(a) and s9(1)(b)
  • Fraud
  • ABH s47
  • GBH s20
  • Simple Criminal Damage over £5k =
  • Simple arson
46
Q

what is the mandatory minimum sentence for murder

A

Adult = life
Youth = 12 years

47
Q

Mandatory minimum sentence for 3rd Class A drug offence

48
Q

Mandatory minimum sentence for certain firearm offences

49
Q

Mandatory minimum sentence for 3rd domestic burglary

50
Q

Mandatory max sentence for burglary

51
Q

when are the police prohibited from showing a witness photographs

A

If suspect is known and available = must conduct ID procedure

52
Q

Non intimate sample permission

A

Written consent and authorisation of at least Inspector
Consent withheld = can proceed if no sample for recordable offence or previous were unsuitable or insufficient

53
Q

Hearsay statutory exceptions (where hearsay can be admitted)

A
  1. Missing witness
  2. Business documents (police or hospital records, but if made in contemplation of trial, witness must be unavailable)
  3. Previous inconsistent/consistent statement
  4. Confessions (wholly or partly adverse to person making it to person with authority, words or otherwise)
  5. Expert’s reports
54
Q

Hearsay common law (where hearsay can be admitted)

A
  1. Confessions
  2. Res Gestae
55
Q

Tried Jointly with Adult: grave crime test after NG plea

Youth

A

2 Year Test: Is a sentence substantially in excess of 2 years available? Yes = Y in CC, No = remitted to YC

56
Q

Tried Jointly with Adult: non-grave crime test after NG plea and MC does not accept jurisdiction

Youth

A

Test = interests of Justice to be tried together= if met youth goes to CC with adult, if not met youth goes to YC
Both have 1st hearing at MC

57
Q

Tried Jointly w Adult for non-grave crime; A plea = G, Y = NG

A

A and Y dealt with separately
Y = YC

TIme Limits (9 decks)

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