court Flashcards
1
Q
where is the first court hearing
A
if 18 - MC
under 18 - YC
if indictable MC sends straight to CC
2
Q
how soon should MC trial be set
A
6-8weeks
3
Q
how much evidence disclosure does CPS need to make
A
sufficient disclosure to enable D to enter plea
4
Q
does D get a choice where the case is held for either way cases
A
D can consent to summary trial if MC willing to keep it or request jury CC trial
5
Q
who gets free advice at police station
A
everyone regardless of their means
6
Q
how does solicitor get paid for giving advice at station
A
fixed fee
7
Q
can solicitor charge for acting as duty solicitor at MC
A
yes
8
Q
general criminal contract
A
when a firm have a contract with LAA to represent D in criminal proceedings
9
Q
does D ever have to contribute to legal aid
A
if D qualifies for legal aid then no contribution in MC but may have to contribute in CC
10
Q
can D appeal against legal aid refusal
A
refusal on interests of justice ground - add further info t original form and resubmit it or request an appeal
refusal on financial grounds - cannot appeal but can request review on ground of hardship if they don’t meet means test but can demonstrate inability to fund
11
Q
newton hearing
A
when D pleads guilty but disputes the facts - a newton hearing is held to determine the facts on which D will be sentenced
12
Q
plea before venue and allocation procedure
A
for either way offences when D pleads NG to determine which court it will be heard in.
IDPC and defence statement, enter plea and determine if sending to CC
13
Q
IDPC
A
initial details of prosecution case - where P sets out case details in advance of first hearing - P cannot introduce info without giving D sufficient time to consider it
14
Q
for which cases is D entitled to IDPC
A
summary and either way
15
Q
when is D entitled to IDPC
A
in advance of first hearing
16
Q
does P need to provide IDPC for indictable offence
A
no - disclosure will be part of standard directions issued by MC when case is sent to CC
17
Q
when does D need to provide a defence statement
A
when pleading NG at CC
No need if at MC
18
Q
when does an either way offence get sent to CC
A
should be dealt with at MC unless powers are too weak
send to CC if related case at CC or Co-D at CC already
19
Q
if D pleads G to one offence and NG to another when is the G offence sentenced
A
can be immediately or wait until after trial for NG offence
20
Q
can a trial take place at MC but sentencing at CC
A
yes
21
Q
if an indication of sentence by MC binding
A
no
22
Q
when is a D remanded
A
when a hearing is adjourned and court wants to ensure D will attend next hearing
23
Q
3 ways that D can be remanded
A
custody
bail
bail with conditions
24
Q
remand before conviction
A
max 8 clear days in custody at a time
if successive remands and case at MC bring before court on every 4th remand
can remand in custody up to 28 days if previously remanded in custody for same offence, before court and can state date of next proceedings
overall max period of remand in custody for MC cases 70 days for either way and 56 days for summary unless allocation hearing takes place before 56 days then 70 days is lowered to 56.
25
what is the custody time limit
overall max period of remand in custody for MC cases 70 days for either way and 56 days for summary unless allocation hearing takes place before 56 days then 70 days is lowered to 56.
26
max time D can be remanded in custody at any one time
8 clear days
27
when can D be remanded in custody for up to 28 days
if previously remanded in custody for same offence
before court
can state date when next proceedings will take place
28
how often must a D be brought before a court if there is successive remand periods and its an MC case
every 4th remand
29
can P apply for remand time limit to be extended before conviction
yes
at least 2 days before hearing at MC serve written notice
show good and sufficient reason
show P acted with due dilligence and expedition
30
length of remand after conviction
successive periods of 3 weeks in custody and 4 weeks on bail
once time expires release on bail unless extension granted
can be remanded on bail for any time period if D consents
if awaiting CC sentence or trial can be held in custody or on bail until case goes to CC
31
can an extension to remand period be appealed
yes by D to CC
| or P can appeal refusal to extend to CC
32
can D ever be remanded in police custody
normally prison or remand centre but could be police custody if necessary for enquiries into other offence - max 3 days
if this is done D must be brought back before MC as soon as need for enquiries ceases
33
when does presumption of bail apply
before conviction
awaiting sentence
breach of community sentence
34
when doesn't presumption of bail apply
D committed to CC for sentencing
| Appealing against conviction or sentence
35
if you have been charged with or previously convicted of any of these offences you will only get bail in exceptional circumstances
```
murder
attempted murder
manslaughter
rape
attempted rape
sexual offences
```
36
which court can grant bail for murder charge
only CC
37
how long does CC have to consider bail for murder charge
48 hours
38
why would the court hear evidence on oath from surety
to ensure they are suitable to act in that capacity
39
what is a certificate of full argument
a record of decision of bail including reasons for refusal or conditions
40
offence of absconding
failing without reasonable excuse to surrender to custody at appointed time - if reasonable excuse it is still an offence unless surrender asap
41
is breaching bail conditions a crime
no - only a crime if fail to attend court of offence of absconding
42
can you be arrested for breaching bail conditions
yes
| if officer reasonably believes you're not likely to surrender or have broken or likely to break conditions
43
what happens if you're arrested for breaching bail
brought before MC within 24 hours - they decide whether to remand in custody or bail again
44
how long do parties have to prepare for trial at MC
8 weeks
| or 14 weeks if expert evidence is required
45
when can a witness summons be obtained
material evidence and interest of justice
46
does D need to serve on P copies of witness statements
No
47
does D need to serve on P copies of expert reports
yes in advance of trial
48
does D need to serve on P a list of their witnesses
yes
49
can a witness statement be used instead of an oral witnesses
yes if the evidence is not disputed and
| signed, dated, declaration, served on P and the P has 7 days to object
50
how to verify plans/photos to be used in evidence
with a witness statement from the person who made/took them
51
what is unused material
evidence of P that isn't used / disclosed in IDPC
52
how are directions given for CC cases
either standard directions from MC or a preliminary hearing at CC
53
When will there be a preliminary hearing at CC
```
D is under 18
need to set a quick trial date
trial may be 4 weeks or longer
issues to resolve
likely to be a guilty plea
```
54
how soon must a preliminary hearing take place
within 14 days of being sent to CC
55
if no preliminary hearing how soon should PTPH take place
within 28 days of being sent to CC
56
what happens at PTPH
enter plea and give case management directions
57
when is D arranged
at PTPH
58
what is arrangement
counts on inditement are read to D who enters plea
59
what is a goodyear indication
when judge gives indication of sentence if D pleaded guilty
60
is a goodyear indication binding
yes
61
how much evidence must P serve on D
everything they will rely on
62
when must P disclosed unused material to D
when it will hinder P case or help D case
63
can sensitive unused material be withheld
if protected by public interest immunity - apply to court for a finding of public interest immunity
64
following initial disclosure of unused material how long does D have to serve defence statement
MC 14 days
| CC 28 days
65
what is compulsory disclosure
D must serve defence statement at CC
| not compulsory at MC
66
when would D at MC serve defense statement
if it would add detail P unaware of to help P disclose more unused material to assist Ds case
67
can an adverse inference ever be drawn from a defense statement
yes if missing, not complete, not update, late, not consistent with defense put forward at trial
68
what is included in defense statement
set out nature of defense
indicate facts on which D takes issue with P
set out facts on which D will rely for their defense
details of any alibi defense
any points of law/admissibility and authority relied on
69
does D need to keep defense statement updated
under continuing obligation to update it if details change before trial
70
what must P do once they have received the defence statement
reconsider disclosure of undisclosed material to see if there is anything else to disclose
71
what can D do if P fails to disclose unused material
apply to court for order that P disclose unused material provided D has reasonable cause to believe that there is prosecution material that should have been but has not been disclosed.
72
when can D get an order that P disclose unused material
reasonable cause to believe that there is prosecution material that should have been but has not been disclosed
and
D must have set out in defense statement material D thinks P has but hasn't disclosed
73
duty to reconsider bail
if bail is refused MC have duty to reconsider it at any subsequent hearing if D is still in custody and presumption of bail still applies
74
when MC reconsider bail is there a full rehearing and can same arguments be repeated
On the second reconsideration it can be a full hearing with the same arguments but on subsequent considerations new arguments must be used
75
if D is refused bail can they appeal
yes appeal from MC to CC as long as they have a certificate of full argument
76
procedure for D to appeal against refused bail
complete a notice of application and send to CC and MC and serve on P at least 24 hours before hearing
77
can P appeal against a grant of bail
only if D is granted bail when charged with an imprisonable offence - then P can appeal to CC
78
procedure for P to appeal against grant of bail
must have objected at oral hearing at MC
oral notice of appeal at conclusion of MC hearing
confirm in writing and serve on court and D within 2 hours of MC hearing
appeal must be heard at CC within 48 hours
79
how soon must P give notice if appealing against grant of bail
oral notice at end of MC hearing
| written confirmation within 2 hours of MC hearing
80
how soon must CC hear appeal by P against bail
within 48 hours
81
is D kept in custody if P appeals against bail
yes
82
how must P use their power to appeal against bail
judiciously and responsibly - only in cases of grave concern
83
2 requirements for evidence to be taken into account
must be admissible and relevant to the facts in issue in the case
84
when is a person a turnbull witness
they identified D in formal ID process
they identified D informally
or they said they know D
85
when do turnbull guidelines apply
if D disputes the visual identification evidence and witness is a turnbull witness
86
when don't turnbul guidelines apply
D doesn't dispute ID evidence
| or theres no evidence against D other than that D matches the description given by witness
87
in MC - if D thinks visual ID evidence is poor, there is no other supporting evidence and D disputes it then they should..
submit no case to answer at end of Ps case
88
in MC - if D thinks visual ID evidence is good or it is poor but there is other supporting evidence and D disputes it then they should..
address turnbul guidelines in closing speech and point out weaknesses of eye witnesses
89
what are the turnbul guidelines
length of observation
distances
lightening
condition eg weather, number of people in area
how much of face is seen
if they already know each other
closeness of description to actual appearance
90
what is other supporting evidence
some other evidence that suggests the ID is reliable
91
in CC - judge uses turnbul guidelines to decide how strong the visual ID evidence is. if it is poor and there is no supporting evidence what will the judge do
judge will stop case and direct jury to acquit - normally follows submission of no case to answer
92
in CC - judge uses turnbul guidelines to decide how strong the visual ID evidence is. if it is poor but there is some supporting evidence what will the judge do
a turnbul warning is given and draw attention to specific weaknesses of ID evidence
93
in CC - judge uses turnbul guidelines to decide how strong the visual ID evidence is. if it is good what will the judge do
judge will warn the jury in summing up the dangers of eye witnesses and tell them to consider the turnbul guidelines (turnbul warning)
94
what is a turnbul warning
judge will warn the jury in summing up the dangers of eye witnesses and tell them to consider the turnbul guidelines
95
what is the inference that is made when D fails to account for object, substance or mark on their person or at place of arrest
infer that they had no explanation or non that would stand up to questioning
96
does a special caution always have to be given for an adverse inference to be drawn
no only when D is asked to account for an object, substance or mark on their person or at place of arrest
97
what is a proper influence
an adverse inference
98
when does negative inference arise from silence
when D relies in court on a fact which they failed to mention at police station
99
what inference is made when D relies on a fact which they failed to mention at the police station
that they fabricated it or that they didn't think it would stand up to questioning
100
can D be convicted if the only evidence is an adverse inference
no
101
can an adverse inference be drawn if D has not had legal advice
not until D has been offered legal advice
| but if they turn it down an inference can then be drawn
102
does the adverse inference due to silence apply to all facts that D could later mention
no - only facts which D would be reasonably expected to mention when questioned
103
can an adverse inference due to silence be drawn if D gives written statement then answers no comment to all other questions
not if statement contained all facts later relied on
104
can an adverse inference due to silence be drawn if D makes a written statement but doesn't hand it in
cannot infer fabrication but can infer that D was unsure it would stand up to investigation
105
can a negative inference be drawn from silence even if the only reason D was silent was become solicitor told them to
yes unless jury thinks D reasonably relied on legal advice
| if D raises this then D waives legal privillege and can be questioned on legal advice
106
can adverse inference be drawn from silence at trial
D doesn't have to give evidence but if P raises issues which call for an explanation from D then an adverse inference can be drawn if D is silent
also drawn adverse inference if once sworn in D refuses to answer question
107
what inference is drawn from silence at trial
that D has not explanation or none that will stand up
108
are there any exceptions to the rule that an adverse inference will be drawn if D is silent at trial
if physical or mental condition of D makes it undesirable to give evidence
109
what is a confession
any statement wholly or partly adverse to the person who made it
110
does a confession have to be to a person in authority
no
111
does a confession have to be made in words
no
112
does a confession have to refer to whole case
no it could just be regarding one element of the case
113
what is a mixed statement
a statement containing a confession and something beneficial to D
114
is a mixed statement admissible
the whole statement is admissible
115
is evidence from the trial of co-D admissible in Ds trial as evidence against D
yes
116
how can D challenge the admissibility of a confession / when is a confession not admissible
D can claim that they didn't confess or that it shouldn't be admissible
not admissible if obtained through oppression or anything else likely to make it unreliable
if D claims this then P must prove it was not obtained in this way
117
when is the admissibility of confession evidence considered at MC
it may be left to the end of the trial to consider
118
are facts discovered as a result of inadmissible confession evidence admissible
yes just cannot say where they were discoverd
119
what can D do if the confession evidence is admissible
attack the credibility or persuade jury to give it little weight
120
when is confession evidence unreliable
something said or done that would make D confess for reasons other than actually being guilty
121
when can court exclude evidence
if it would have such an adverse effect on fairness or proceedings it ought not to be admitted
122
when evidence is obtained in breach of PACE or code will it be excluded
only if breach is both significant and substantial
123
when is a confession made outside the station likely to be excluded
if police breached code by:
failing to make accurate record
failing to put it to D to sign or dispute
failing to put it to D on audio recording at start of interview
124
what is hearsay
when a statement not made in oral evidence is relied on as evidence of a matter in it
125
4 categories of hearsay evidence which is admissible
preserved common law
statute
public interest
parties agree
126
hearsay evidence admissible under statute
```
business docs
witness is unavaliable
formal admission
previous inconsistent/consistent statement
statement from witness not in dispute
```
127
when can hearsay evidence be admitted because a witness is unavailable
can ID person who made statement
must be first hand
the are dead, unfit, outside UK, missing or in fear and court gives leave
128
when can business docs be admitted as hearsay
must have been created or received by a person in the course of a business
the person who supplied the info in the doc had or may be reasonably supposed to have a personal knowledge of the matters dealt with and
each person though who the info was supplied received it in the course of business
129
is both first and multiple hand hearsay admissible in business docs
yes
130
is both first and multiple hand hearsay admissible when a witness is unavaliable
no - only first hand
131
when can business docs prepared for criminal proccedings be admitted as hearsay
either must be:
dead, unfit, outside UK, missing or infear and court gives leave
or
they cannot reasonably be expected to have any recollection of the matter in the statement (too long ago)
132
when is it in the interests of justice for hearsay to be admitted
```
probative value
other evidence
importance
circumstances in was made in ]can oral evidence be given
can statement be challenged
reliability of statement maker
how much prejudice is caused to D
```
133
what are the preserved common law exceptions when hearsay is admissible
confessions and evidence admitted as part of the res gastae
134
res gastae
a statement made around the same time as the event where spontaneity of the statement means possibility of concoction can be disregarded - admissible as hearsay
135
ackner criteria for admission of res gestae evidence
can the possibility of concoction or distortion be disregarded
was the event so unusual or dramatic that utterance was instinctive reaction - no chance to reflect
utterance so closely associated with event - Ds mind still controlled by event
136
when must a party give notice of intention to rely on hearsay
if they wish to use hearsay because:
witness is unavaliable
interest of justice
it is multiple hearsay or
business docs prepared for criminal proceedings must give notice of intention to rely on it or oppose it to court and other parties
for all other hearsay this doesn't apply so no need to serve intention on other party
137
when is admissibility of opposed hearsay is determined
at pre-trial hearing
