CP Flashcards
Q1: How is voluntary intoxication treated in the context of criminal liability, and can you provide an example?
A1: Voluntary intoxication is rarely accepted as a defense to negate mens rea, especially if the intoxication is from dangerous substances like alcohol or illegal drugs. Example: A person deliberately consumes a large amount of alcohol and assaults someone; they cannot use their intoxicated state to claim they didn’t have the intent to commit the assault.
Q2: What are the key differences between trials in the Magistrates’ Court and the Crown Court, and can you provide an example?
A2: In the Magistrates’ Court, a panel or a District Judge decides on both matters of law and fact, while in the Crown Court, a judge decides on matters of law and a jury on matters of fact. Example: In the Crown Court, a judge may rule on the admissibility of evidence without the jury present, ensuring they only consider permissible evidence.
Q3: Under what conditions can a suspect be detained without charge, and what is the maximum duration, including an example scenario?
A3: A suspect can be detained for an initial 24 hours, extendable to 36 hours by a superintendent, and further extended by the Magistrates’ Court up to a total of 96 hours for serious crimes, if necessary for investigation. Example: A robbery suspect is detained at 5 PM on Saturday, and with all extensions applied, can be held until 5 PM on Wednesday.
Q4: What rights are safeguarded for suspects under the Police and Criminal Evidence Act 1984 (PACE), and can you give an example of one of these rights in action?
A4: Suspects’ rights under PACE include access to free legal advice, the right to inform someone of their arrest, and the right to silence, among others. Example: Upon arrest, a suspect exercises their right to free legal advice, consulting with a solicitor before a police interview.
Q5: How is the entitlement to free legal representation at the police station determined, and can you provide an example of who would qualify?
A5: All suspects are entitled to free legal representation at the police station, regardless of their financial status or the severity of the alleged offense, ensuring fair access to legal advice. Example: A high-earning individual arrested for a minor offense is still entitled to free legal advice at the police station, emphasizing the universality of this right.
MAGISTRATES COURT
MAGISTRATES COURT
* District judge or
* Panel of magistrates
True or False:
Crown Courts are presided over by a district judge or a panel of magistrates
O (A) True
O (B) False
False
Magistrates’ Courts are presided over by a district judge or a panel of magistrates. Crown Courts are presided over by a judge who is the arbiter of all matters of law, and a jury decides all maters of fact.
SUMMARY OnLY OFFENCES
SUMMARY OnLY OFFENCES
* Can be heard only in Magistrates’ Court
* Least serious offences
INDICTABLE ONLY OFFENCES
INDICTABLE ONLY OFFENCES
* Can be heard only in Crown Court
* Most serious offences
EITHER WAY OFFENCES
EITHER WAY OFFENCES
*
*
Can be heard in Magistrates
Court or Crown Court
More serious than summary only offences but less serious than indictable only offences
What hears in Magistrates Court?
Summary only and either way offences can be heard in Magistrates’ Courts. Either way offences can also be heard in Crown Court, and indictable only offences can be heard in Crown Court only.
SUSPECT’S RIGHTS
SUSPECT’S RIGHTS
Access to free legal advice
Right to notify someone of
arrest
Right to inspect police codes of practice
Right to silence
Right to be informed of reasons for arrest
Right to inspect documents
Right to information on time limits
CUSTODY TIME LIMITS
CUSTODY TIME LIMITS
* 24 hours
12 hour extension with superintendent’s approval
MAGISTRATES COURT
AUTHORISATION
MAGISTRATES COURT
AUTHORISATION
* Offence is indictable
* Reasonable grounds for believing further detention necessary to preserve or obtain evidence
* Investigation being conducted diligently and expeditiously
- A suspect is arrested at 4 p.m. on Saturday on suspicion of robbery. They are detained and taken to the police station, where they arrive at 5 p.m.
The custody officer checks them into custody at 6 p.m. Until what day and what time is the longest the suspect can possibly be held, if all extensions are granted?
The suspect can be held for a maximum of 96 hours if all extensions are granted. Since the custody time starts when the suspect arrives at the police station, which is at 5 p.m. on Saturday, adding 96 hours brings us to 5 p.m. on Wednesday. So, the suspect can be held until 5 p.m. on Wednesday if all extensions are granted.
CUSTODY TIME LIMITS
CUSTODY TIME LIMITS
* 24 hours
* 12 hour extension with superintendent’s approval
36 hour extension granted by
Magistrates’ Court
* 24 hour extension granted by
Magistrates’ Court
* Total: 96 hours
- A suspect is charged with common assault. The suspect is a bonds trader and earns in excess of £500,000 per year. Is the suspect entitled to free legal representation at the police station?
* (A) Yes
* (B) No
yes
WHEN ID PROCEDURE
MUST BE HELD
WHEN ID PROCEDURE
MUST BE HELD
* Witness identified suspect
*
*
Witness says they can identify suspect
Reasonable chance witness can identify suspect
Q1: When are police required to conduct an identification procedure, and can you provide an example where it would be necessary?
A1: Police are required to conduct an identification procedure when a witness has identified or claims to be able to identify a suspect, or there’s a reasonable chance a witness could identify a suspect. Example: If a victim of a mugging states they could recognize the assailant’s face if seen again, an identification procedure would be necessary.
Q2: What are the different types of identification procedures, and can you describe one of them with an example?
A2: The four types of identification procedures are video identification, identification parades, group identifications, and confrontations. Example of video identification: A witness is shown moving images of the suspect along with eight or more others to identify the suspect from the video lineup.
Q3: What rights does a suspect have regarding identification procedures, and can you give an example of a safeguard in place?
A3: Suspects have the right to legal advice, to be informed of the procedure’s reason, and to not cooperate (though this can be used against them at trial). Example of a safeguard: If a suspect is part of a lineup, any distinguishing features must be concealed, and both the suspect and their solicitor have the opportunity to raise reasonable objections to the lineup composition.
Q5: Under what circumstances can a defense representative be removed from an interview, and can you provide an example of inappropriate behavior that might lead to this?
A5: A defense representative can be removed from an interview if they overstep their role, such as by telling the suspect what to say or answering questions on behalf of the suspect. Example of inappropriate behavior: A defense lawyer repeatedly interrupts the interview to coach the suspect on how to respond to questions, despite warnings from the interviewing officer.
Q4: What are the key rights of a suspect during a police interview, and can you explain the significance of one of them with an example?
A4: A suspect’s key rights during a police interview include the right to legal representation and the right to remain silent. Significance of the right to remain silent: If a suspect chooses to remain silent during the interview, this can lead to an adverse inference at trial if they later present a defense they could have mentioned during the interview.
TYPES OF IDENTIFICATION
PROCEDURES
TYPES OF IDENTIFICATION
PROCEDURES
* Video identification
* Identification parade
* Group identification
Confrontation
Match each identification procedure with its description in the table below:
Identification Procedures
A – Confrontation B – Group identification C – Identification parade D – Video identification
Description Identification Procedure
1. The witness sees the suspect in an informal group.
2. The suspect is brought before the witness who is asked whether the suspect is the person they saw.
3. Moving images of the suspect and others are shown to the witness.
4. The suspect and others appear in a line.
The witness sees the suspect in an informal group. - B – Group identification
The suspect is brought before the witness who is asked whether the suspect is the person they saw. - A – Confrontation
Moving images of the suspect and others are shown to the witness. - D – Video identification
The suspect and others appear in a line. - C – Identification parade
SUSPECT’S RIGHTS IN
INTERVIEW
SUSPECT’S RIGHTS IN
INTERVIEW
* Right to legal representation
* Right to remain silent
CAUTION GIVEN TO SUSPECT
CAUTION GIVEN TO SUSPECT
“You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court.
Anything you do say may be given in evidence.”
SPECIAL CAUTION
SPECIAL CAUTION
Used when suspect asked to account for specifics at time of arrest
True or False:
Before a police interview, a suspect must be warned that it may harm their defence if they do not mention something that is later relied on in court.
O (A) True
* (B) False
True
Before a police interview, a suspect must be warned that they have the right to remain silent but that it may harm their defence if they do not mention something that is later relied on in court. The suspect must also be warned that anything they do say may be given in evidence.
The interviewing officer must give a special caution before the officer asks about the suspect’s presence at the scene of the offence or:
* (A) The suspect’s alibi witnesses.
O* (B) A weapon found at the scene of the offence.
* (c) The suspect’s past criminal history.
* (D) An object, substance, or mark found on the suspect at the time of the arrest.
D
The interviewing officer must give a special caution before asking the suspect about their presence at the scene of the offence or asking about an object, substance, or mark found on the suspect at the time of arrest. An adverse inference may be drawn if the suspect fails to provide an account that they later rely upon in court.
SUSPECT’S OPTIOnS
SUSPECT’S OPTIOnS
*
*
Answer questions
Decline to answer questions
Give written statement but answer no further questions
A man witnesses a burglary from their bedroom window at the property opposite their house. The man recognises the burglar as being someone who works at the local corner shop who they see every week when they buy items. The corner shop worker denies being the perpetrator. Should an identification parade be held?
No
A man witnesses a burglary from their bedroom window at the property opposite their house. The man recognises the burglar as being an old school friend who they haven’t seen for five years. The school friend denies being the perpetrator. Should an identification parade be held?
Yes
Q1: What is the starting point for courts when deciding on granting bail to a defendant, and can you provide an example scenario?
A1: The starting point is that every defendant has a right to bail unless there are good reasons to deny it, based on specific exceptions like risk of failing to surrender, committing further offenses, or interfering with witnesses. Example: A defendant charged with a minor offense with no prior history of failing to surrender or offending on bail would typically be granted bail.
Q2: Under what circumstances can bail be denied, and can you give an example of one such circumstance?
A2: Bail can be denied if there are substantial grounds to believe the defendant might fail to surrender, commit further offenses, interfere with witnesses, or if the offense is serious enough that custody is likely upon conviction. Example: A defendant with multiple previous convictions for failing to appear at court might be denied bail due to a substantial risk of failing to surrender.
Q4: What are some common bail conditions that courts can impose, and can you provide an example involving a curfew?
A4: Common bail conditions include residency requirements, reporting to a police station, exclusion from certain areas, no contact with specific individuals, compliance with a curfew, or wearing an electronic tag. Example: A defendant charged with nighttime burglary might be subjected to a curfew to reduce the risk of reoffending during nighttime hours.
Q3: What factors do courts consider when deciding on bail, and can you provide an example involving a defendant’s community ties?
A3: Courts consider the nature of the offense, the defendant’s previous convictions, community ties, compliance with previous bail conditions, and the strength of the evidence. Example: A defendant with strong community ties, such as a stable job and family in the area, may be seen as less likely to abscond and thus more likely to be granted bail.
The court can deny bail if it finds an exception to the right to bail, and if there is a real prospect of:
* (A) A custodial sentence being imposed if the defendant is convicted.
* (B) The defendant being convicted of a crime involving violence.
* (c) A custodial sentence of 10 years or more being imposed if the defendant is convicted.
© (D) The defendant being convicted of a crime
involvina dishonesty.
A
The court can deny bail if it finds (1) an exception to the right to bail, and (2) a real prospect of a custodial sentence being imposed if the defendant is convicted.
Q5: What happens if a defendant breaches their bail conditions, and can you give an example involving failure to report to a police station?
A5: If a defendant breaches bail conditions, they can be arrested and brought back to court, where bail may be revoked or more stringent conditions imposed. Example: If a defendant required to report to a police station twice a week fails to do so, they may be arrested and could have their bail revoked or be subjected to stricter conditions, such as daily reporting or electronic monitoring.
What is bail?
Bail is a legal provision that allows a defendant to be released from custody temporarily, often under certain conditions, until their court appearance or trial.
EXCEPTION TO RIGHT TO
BAIL
- Substantial grounds to believe that defendant would
- Fail to surrender
- Commit further offences whilst on bail
- Interfere with witnesses or obstruct justice
EXCEPTIONS TO RIGHT TO
BAIL
EXCEPTIONS TO RIGHT TO
BAIL
* Indictable offence and defendant was on bail
* Defendant’s protection
* Belief defendant would commit offence against associated person
* Defendant already serving custodial sentence
* Insufficient information
* Defendant failed to surrender or breached bail
SUBSTANTIAL GROUNDS
FACTORS
SUBSTANTIAL GROUNDS
FACTORS
Nature and seriousness of offence
Probable method of dealing with offence
* Previous convictions
* Associations and community ties
* Record on complying with bail obligations
* Strength of evidence
BAIL CONDITIONS MUST BE
BAIL CONDITIONS MUST BE
* Relevant
* Proportionate
* Enforceable
COMMON BAIL
CONDITIOnS
COMMON BAIL
CONDITIOnS
* Reside at specified address
* Report to police station regularly
* Prohibited from particular
area
* Prohibited from contacting certain individuals
* Curfew or electronic tag
* Security
* Surety
The court can attach any conditions to bail as long as they are:
* (A) Relevant and fundamentally fair.
* (B) In the best interests of the public.
O (c) Relevant, proportionate, and enforceable.
* (D) Reasonable and enforceable.
C
The court can attach any conditions to bail as long as they are relevant, proportionate, and enforceable.
Danny is facing a charge of burglary from a dwelling. He has 3 previous convictions, including one other for burglary. He has never failed to surrender. All offences were committed near his home address. Danny lives with his girlfriend and his child from a previous relationship. He works full-time at a warehouse.
What would be the prosecution’s objections to bail?
What conditions could the defence suggest to allay the prosecution’s obiections?
The prosecution’s objections to bail for Danny would likely center on the risk of reoffending given his history of similar offenses near his home; the defense could suggest conditions such as a curfew, electronic monitoring, and restrictions on entering certain areas to mitigate these concerns.
The prosecution are likely to argue the exception of substantial grounds - to believe that that Danny will commit further offences, and Danny will fail to surrender - will apply.
* The fear of further offences arises from the previous convictions.
* The failure to surrender arises
The defence could suggest conditions of residence, reporting, and curfew, as the offences took place at night.
BAIL AND MURDER
CHARGES
BAIL AND MURDER
CHARGES
Presumption against bail when defendant charged with murder
Q1: Where do all first appearances for adult defendants occur, and what is a typical example of this setting?
A1: All first appearances for adult defendants occur in the Magistrates’ Court. Example: A defendant charged with shoplifting would have their first court appearance in the Magistrates’ Court, regardless of the value of the items stolen.
Q2: How does the court decide on the allocation of cases between the Magistrates’ Court and the Crown Court, and what factors influence this decision?
A2: The court decides on the allocation of cases based on the offense type (summary only, either way, or indictable only) and, for either way offenses, whether the Magistrates’ Court feels its sentencing powers are adequate. Example: A defendant charged with Actual Bodily Harm (ABH), an either way offense, might have their case allocated to the Crown Court if the Magistrates’ Court deems the offense too serious for its sentencing capabilities.
Q3: What are the two key tasks a defense solicitor must perform at a defendant’s first appearance in court, and can you provide an example of how one of these tasks is executed?
A3: The two key tasks are advising the client and securing funding for legal representation. Example of advising the client: A defense solicitor obtains prosecution disclosure, including witness statements and CCTV evidence, discusses this with the defendant to understand their version of events, and advises on the best plea based on the strength of the evidence and potential sentencing outcomes.
Q5: Describe the plea before venue process for either way offenses and provide an example scenario where a defendant chooses their trial venue.
A5: The plea before venue process involves the Magistrates’ Court first deciding if it accepts jurisdiction for the case, and if so, the defendant then chooses whether to be tried in the Magistrates’ Court or elect for a Crown Court trial. Example: A defendant charged with burglary, an either way offense, might elect for a Crown Court trial after the Magistrates’ Court accepts jurisdiction, preferring a jury trial due to the perceived higher chance of acquittal.
Q4: What conditions must be met for a representation order to be granted, and can you explain one of these conditions with an example?
A4: The conditions for a representation order include passing the interests of justice test and the means test. Example of the interests of justice test: A defendant charged with a serious offense like burglary, facing potential imprisonment, would likely satisfy the interests of justice test due to the complexity of the case and the severe impact a conviction could have on their life.
Where does a defendant’s first appearance take place?
A defendant’s first appearance takes place in the Magistrates’ Court.
!
SUMMARY OnLY OFFENCE
Defendant pleads guilty or not guilty
EITHER WAY OFFENCE
Plea before venue process
INDICTABLE ONLY OFFENCE
Matter sent to Crown Court
REPRESENTATION ORDER
* Interests of justice test
* Means test
-
Satisfied if income below
£3,398
If income above £3,398 but below £37,500, defendant entitled to limited legal aid
A defence solicitor has applied for a representation order.
What are the two tests the defendant needs to satisfy for the order to be awarded?
* (A) Substantial grounds test and
reasonableness test
* (B) Interests of justice test and means test
* (c) Substantial grounds test and means test
* (D) Interests of justice test and reasonableness
test
B
The defendant must satisfy the interests of justice test and the means test for a representation order to be awarded.
ALLOCATION
ALLOCATION
Magistrates’ Court (MC) decides whether to accept jurisdiction
* If MC accepts, defendant chooses between MC and Crown Court
THEFT UNDER £200
THEFT UNDER £200
* Magistrates’ Court cannot decline jurisdiction
* Defendant can elect
Magistrates’ Court or Crown
Court
Write down everything that happens during the Plea Before
Venue process.
During the Plea Before Venue process, the defendant is informed of the charge, given the option to indicate a plea, and if indicating guilty, the court proceeds to sentence, while if indicating not guilty, the court proceeds to determine the venue for trial.
Q1: Why is case management crucial in the court process?
A1: Case management ensures trials are ready on schedule, ensuring justice for defendants and victims alike by preventing delays.
Q2: What are the standard directions given by the court in the Magistrates’ Court for case preparation?
A2: Standard directions include prosecution evidence within 28 days, defense case statement within 14 days, witness requirements and objections within 7 days, among others.
Q3: What factors determine whether a preliminary hearing takes place in the Crown Court for an indictable-only matter?
A3: Factors include trial length, case management issues, need for early trial, defendant’s age, or likelihood of an early guilty plea.
Q4: What happens during a plea and trial preparation hearing in the Crown Court?
A4: At the plea and trial preparation hearing, the defendant’s plea is taken (arraignment), and if pleading guilty, the court proceeds to sentence or gives a goodyear indication; if pleading not guilty, trial arrangements are made.
