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SQE general > CLP WK 3 > Flashcards

CLP WK 3 Flashcards

1
Q

Where can a suspect access free legal advice?

A

Police station.

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2
Q

What is the name of the organization that handles requests for legal advice at police stations?

A

Defence Solicitor Call Centre (DSCC).

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3
Q

Is legal advice at a police station restricted to certain types of offences?

A

Yes, limited to telephone advice for non-imprisonable offences.

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4
Q

Who is eligible to provide legal advice at police stations?

A

Solicitors or accredited representatives (e.g., trainees, paralegals).

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5
Q

How can defendants obtain funding for legal representation at court?

A

By applying for public funding through the Legal Aid Agency (LAA).

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6
Q

What is a representation order?

A

A document that confirms eligibility for public funding to cover defence costs.

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7
Q

What are the two tests that determine eligibility for public funding?

A

Means test and merits test (interests of justice test).

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8
Q

Name two categories of defendants who automatically pass the means test.

A

Defendants under 18 years old and defendants receiving specific welfare benefits.

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9
Q

What is the income threshold for automatic eligibility in the Magistrates’ Court means test?

A

£12,475 or less.

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10
Q

At what income level is a defendant automatically ineligible for funding in the Magistrates’ Court means test?

A

£22,325 or more.

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11
Q

What happens if a defendant’s income falls between £12,475 and £22,325 in the Magistrates’ Court means test?

A

A full means test is conducted.

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12
Q

What is the disposable income threshold for eligibility in the Magistrates’ Court means test?

A

£3,398 or less.

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13
Q

What additional factor is assessed in the Crown Court means test?

A

Capital, including property equity.

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14
Q

What is the annual household disposable income threshold for ineligibility in the Crown Court means test?

A

£37,500 or more.

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15
Q

Which form do defendants complete to demonstrate it’s in the interests of justice to receive legal representation?

A

CRM14 form.

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16
Q

Name two scenarios where a defendant automatically passes the merits test.

A

Charged with an indictable-only offence or an either-way offence sent to the Crown Court.

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17
Q

Give three examples of propositions from the CRM14 form that support the interests of justice test.

A

Risk of losing liberty, previous suspended sentence, or potential loss of livelihood.

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18
Q

Can a defendant appeal if they fail the means test?

A

No right of appeal, but they can re-submit if circumstances change.

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19
Q

How can a defendant appeal a failed merits test in the Magistrates’ Court?

A

Through the Legal Aid Agency’s online portal.

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20
Q

Who can provide legal representation at the first court hearing for defendants charged with imprisonable offences?

A

Duty solicitor.

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21
Q

What are the alternatives for defendants who don’t qualify for public funding?

A

Instruct a solicitor privately or represent themselves.

22
Q

Where do all adult defendants make their first court appearance?

A

Magistrates’ court.

23
Q

What is the time limit for a first hearing for bailed defendants expecting a guilty plea in the magistrates’ court?

A

14 days.

24
Q

What is the time limit for a first hearing for bailed defendants expecting a not guilty plea or Crown Court trial?

A

28 days.

25
Q

What is the time limit for the first court appearance for a defendant held in custody?

A

Must be brought before the next available court after being charged.

26
Q

What happens if a defendant fails to attend their first hearing?

A

A warrant for arrest may be issued.

27
Q

Under what legislation are initial details of the prosecution case required before the first hearing?

A

Criminal Procedure Rules, Part 8.

28
Q

Name three items typically included in the initial details of the prosecution case.

A

Offence summary, defendant’s account from interviews, and available written statements.

29
Q

Under what circumstances can a summary-only offence be sent to the Crown Court?

A

If it is linked to an indictable offence.

30
Q

Which legislation lists the summary offences that can be tried in the Crown Court alongside related indictable offences?

A

Section 40 of the Criminal Justice Act 1988.

31
Q

What are the key processes addressed during the first hearing for either-way offences?

A

Plea, allocation, and bail.

32
Q

What is the ‘plea before venue’ process?

A

The defendant is asked to indicate their plea (guilty or not guilty) before the court decides on the venue for trial.

33
Q

If a defendant pleads guilty, and the offence is too serious for the magistrates’ court to sentence, what happens?

A

The case is committed to the Crown Court for sentencing.

34
Q

What happens if a defendant pleads not guilty to an either-way offence?

A

The court considers allocation, determining whether to retain jurisdiction for trial in the magistrates’ court or send the case to the Crown Court.

35
Q

If a defendant pleads guilty, what might the court offer if requested?

A

An indication of sentence (custodial or non-custodial).

36
Q

If the magistrates’ court accepts jurisdiction for an either-way offence, what choices does the defendant have?

A

Consent to a summary trial in the magistrates’ court or elect for a jury trial in the Crown Court.

37
Q

What is the threshold for treating low-value shoplifting as a summary offence?

A

£200 or less.

38
Q

What is the value threshold for criminal damage to be considered a summary-only offence?

A

£5,000 or below.

39
Q

Which types of either-way offences are automatically sent to the Crown Court due to their complexity?

A

Complex fraud and cases involving child witnesses.

40
Q

What might the court do following a guilty plea for an either-way offence?

A

Adjourn for a pre-sentence report or sentence immediately.

41
Q

What factors does the court consider when deciding whether to retain jurisdiction for an either-way offence?

A

Sentencing powers and procedural complexity.

42
Q

Where in the legislation is the general right to bail outlined?

A

Section 4 of the Bail Act 1976.

43
Q

Which schedule of the Bail Act 1976 contains detailed rules about bail?

A

Schedule 1.

44
Q

What is the term for a court order requiring a defendant to return to court on a specified date, either in custody or on bail?

A

Remand.

45
Q

What does it mean for a defendant to be ‘remanded in custody’?

A

The defendant is held in custody until their next court appearance.

46
Q

What must the prosecution do to have a defendant remanded in custody?

A

They must object to bail.

47
Q

In most cases, what are the “big three” grounds for objecting to bail for indictable offences?

A

Failing to attend a subsequent hearing, committing further offences while on bail, interfering with witnesses or obstructing the course of justice.

48
Q

What is the term for a person who pledges money to the court to ensure the defendant’s return?

A

Surety.

49
Q

What is the difference between security and surety?

A

Security can be provided by the defendant, while surety cannot.

50
Q

Which Article of the European Convention on Human Rights allows for the imposition of bail conditions?

A

Article 5(3)

SQE general (24 decks)

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