CLP - time limits Flashcards by Ellie Carter

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

Preliminaries

Superintendent

How well did you know this?

Not at all

Perfectly

Rank responsible for conduct of identification procedure

Preliminaries

Inspector

How well did you know this?

Not at all

Perfectly

Rank required for custody officer

Preliminaries

sergeant

How well did you know this?

Not at all

Perfectly

Rank to deny right to solicitor and max time

Preliminaries

Superintendent (in writing); 36 hours

How well did you know this?

Not at all

Perfectly

Who authorises initial detention

Preliminaries

Custody officer (sargent)

How well did you know this?

Not at all

Perfectly

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

Preliminaries

6 months

How well did you know this?

Not at all

Perfectly

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

Preliminaries

Inspector (in writing) – 36 hours

How well did you know this?

Not at all

Perfectly

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

Preliminaries

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

How well did you know this?

Not at all

Perfectly

When are reviews of detention required by review officer

Preliminaries

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

How well did you know this?

Not at all

Perfectly

Rank of custody review officer

Preliminaries

Superintendent

How well did you know this?

Not at all

Perfectly

Order of authority for police officers

Preliminaries

Superintendent
Inspector
Sargent
Constable

How well did you know this?

Not at all

Perfectly

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

Pre-Trial Matters

10 business days from prosecution compliance with disclosure

How well did you know this?

Not at all

Perfectly

Notice of intention to call defence witness in CC

Pre-Trial matters

28 days from prosecution compliance with disclosure

How well did you know this?

Not at all

Perfectly

Timing of first hearing

Pre-trial matters

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

How well did you know this?

Not at all

Perfectly

Where is bail first applied for

Pre-Trial Matters

Magistrates court (all crimes except murder)

How well did you know this?

Not at all

Perfectly

Custody time limit for summary offence

Pre-Trial Matters

56 days

How well did you know this?

Not at all

Perfectly

Custody time limit for indictable/either-way

Pre-trial matters

182 days

How well did you know this?

Not at all

Perfectly

When will the PTPH be set

Pre-trial matters

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

How well did you know this?

Not at all

Perfectly

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

Pre-trial matters

7 days before PTPH

How well did you know this?

Not at all

Perfectly

When does prosecution serve used materials

Evidence

No later than beginning of first day of trial

How well did you know this?

Not at all

Perfectly

When are unused materials disclosed?

Evidence

MC – when pleads NG
CC – D sent to trial

How well did you know this?

Not at all

Perfectly

Notice for witness summons (in defence statement?)

Evidence

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

How well did you know this?

Not at all

Perfectly

Pros time limit for responding to specific disclosure request

Evidence

10 business days

Notice to use hearsay in MC

Evidence

ASAPr and no more than 20 business days after NG plea

Notice to use hearsay in CC | Evidence

ASAPr and no more than 10 business days after NG plea

Deadline for disputing use of hearsay evidence | Evidence

10 business days from receiving notice

How long can a sentence be deferred for | Sentencing

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

Defendants due to pay fines | Sentencing

Immediately

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

9 hours

Time the CC can suspend a sentence | Sentencing

14 days - 2 years

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

* 6 months for summary * 12 months for a single either way offence

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

28 days

Notice of appeal from MC to CC | Appeals

15 business days from conviction/sentence on all parties

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

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

Deadline for D appealing conviction/sentence from CC | Appeals

28 days after conviction/sentence

Condition for appeal from CoA to SC | Appeals

General public importance

Age of legal responsibility | Youths

Maximum term of detention for youth offenders | Youths

24 months

Length of referral order

Min is 3 months and maximum term is 12 months

Maximum term for Youth Rehabilitation Order | Youths

3 years

what are the gateways for DEFENDANT bad character evidence

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

what are the gateways for NON-DEFENDANT bad character evidence

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

what are the summary only offences

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

What are the either way offences

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

what is the mandatory minimum sentence for murder

Adult = life Youth = 12 years

Mandatory minimum sentence for 3rd Class A drug offence

7 years

Mandatory minimum sentence for certain firearm offences

5 years

Mandatory minimum sentence for 3rd domestic burglary

3 years

Mandatory max sentence for burglary

14 years

when are the police prohibited from showing a witness photographs

If suspect is known and available = must conduct ID procedure

Non intimate sample permission

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

Hearsay statutory exceptions (where hearsay can be admitted)

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

Hearsay common law (where hearsay can be admitted)

1. Confessions 2. Res Gestae

Tried Jointly with Adult: grave crime test after NG plea | Youth

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

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

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

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

A and Y dealt with separately Y = YC