Courts, Disclosure & Defences

Question 1

At the end of a prosecution case. A solicitor makes an application to the district judge that there is no case to answer as the evidential burden has not been met. What are the judges obligations ?

Answer 1

They should consider the application and when pronouncing judgment is under no obligation to give reasons.

Question 2

What is a protected witness ?

Answer 2

The complainant, a witness to the commission of the offence or a child. ie - under 17.

Question 3

Does a defendant have to turn up for their own trial once the jury is sworn in ?

Answer 3

No but their counsel should be allowed to remain to represent her.

Question 4

Can an aunt and uncle be subject to a parenting order if they are looking after a child temporarily ?

Answer 4

Yes provided the courts opinion is that they are caring for the child.

Question 5

Can an arrest warrant be issued for private prosecutions ?

Answer 5

Yes with the consent of the DPP.

Question 6

Must the suspect be present at the mags court when applying for warrant for further detention ?

Answer 6

Yes.

Question 7

How many reviews should take place before a super can extend custody ?

Answer 7

At least 2.

Question 8

If a mags Clark fails to read out mitigation will this automatically nullify proceedings ?

Answer 8

Yes. Failure to read out any mitigation submitted by the defendant will nullify proceedings.

Question 9

Can the prosecution be allowed to comment in court on the fact that any wife husband or civil partner failed to give evidence ?

Answer 9

No.

Question 10

Initial disclosure of unused material should be provided to the defence by whom ?

Answer 10

CPS.

Question 11

For evidence to be excluded at common law, prejudicial effect must exceed what??

Answer 11

Probative value to exclude any evidence.

Question 12

For the defence of infancy, how old must the child be ?

Answer 12

UNDER 10.

Question 13

If ARTHR uses force against a trespasser in his house to protect himself or another, will his actions be reasonable even if the force used is disproportionate to the perceived threat ?

Answer 13

Yes. However it will not be reasonable if the force is grossly or excessively disproportionate.

Question 14

If a commercial premise (office block) was occupied and used for surveillance would this be sensitive material ?

Answer 14

Yes, only if occupied.

Question 15

Who bears the burden of proof to establish insanity ?

Answer 15

The defence bears the evidentiary burden of proof on the balance of probabilities.

Question 16

The defence of duress by threats may be raised by a person who has been threatened with either -

Answer 16

Death or serious physical injury (not psychological injury)

This can be of themselves or another for them to commit a criminal act.

Question 17

Duress by threats is not a defence to either ?? (2 offences)

Answer 17

Murder

Attempted murder.

Question 18

A mistaken belief due to an intoxicated state can not be a defence for which 3 offences ?

Answer 18

Murder, manslaughter, rape.

Question 19

In relation to the defence of inadvertence and mistake the defendant must have a ???

Answer 19

Genuine and Honest belief.

Question 20

Conspiracy can be summary or indictable offence. But how must it be tried in court ?

Answer 20

Only on indictment.

Question 21

Can a youth give a plea in post like adult (summary offence) ?

Answer 21

Yes if they are 16 or over.

No need for co-signing by parents

Question 22

What rank can instigate the power to remove truants to a designated premises.

Answer 22

Superintendent or above.

Question 23

What is advanced information ?

Answer 23

Material that the defence are entitled to have in order to consider wether to please guilty or not guilty.

Question 24

In relation to breach of a parenting order what is the offence ?

Answer 24

The patent would commit an offence if they fail without reasonable excuse to comply with the requirements included in the order or specified in directions given by the responsible officer.

Question 25

At a youth offender panel, can they make the youth do something they don’t agree to ?

Answer 25

No. It has to be agreed between the offender and the panel.

Question 26

At a youth offending panel what measures can be agreed ?

Answer 26

Financial. 
Mediation. 
Un-paid work. 
Curfew. 
Educational attendance. 
Rehab for drug and alcohol.

Question 27

What should the defence case statement contain ?

Answer 27

The defence case in general terms and areas where they take issue with the prosecution and why.

Question 28

Does the defence have to submit a defence case statement in mags cases ?

Answer 28

No.

Question 29

Are leading questions admissible in the process of cross examination ?

Answer 29

Yes.

Question 30

If an officer lies during disclosure, would any confession be admissible ?

Answer 30

Yes if there is a casual connection between the lie and the confession.

Question 31

We charge a suspect with murder and the defence raise insanity, who proves insanity ?

Answer 31

The defence must prove on the balance of probabilities that he was suffering from insanity.

Question 32

Does saying “sorry” in an interview constitute a confession ?

Answer 32

Yes. It doesn’t need to be an outright admission of guilt.

Question 33

What will happen if the defence fail to serve their statement at crown court ??

Answer 33

The court MAY draw such inferences as appear proper in determining the issue of guilt.

Question 34

If there a defence available for voluntary and involuntary intoxication ??

Answer 34

Yes. Defence available for both and for offences of both specific intent and basic intent. eg - GBH with intent.