Crim 3 Flashcards
Define racially or religiously aggravated offences.
Racially or religiously aggravated offences are those motivated by hostility towards a victim based on their race or religion, which can lead to increased sentencing.
How does committing an offence while on bail affect statutory considerations?
Committing an offence while on bail for other offences is viewed negatively and can lead to harsher penalties.
Describe the significance of previous convictions in statutory factors.
Previous convictions are significant as they indicate a pattern of repeat offending, which can influence the severity of sentencing.
Define the offence categories based on culpability and harm.
The offence categories are ranked as follows: 1 for the highest level of offence (greater culpability and greater harm), 2 for the middle level (greater culpability and lesser harm or greater harm and lesser culpability), and 3 for the lowest level (lesser culpability and lesser harm).
How should the starting point of a sentence be adjusted?
The starting point should be adjusted up or down according to aggravating or mitigating factors.
List the steps the court should follow according to the Code when determining a sentence.
- Determine offence seriousness. 2. Consider aggravating factors. 3. Consider mitigating factors. 4. Consider assistance to prosecution. 5. Consider reduction for guilty plea. 6. Consider totality. 7. Consider appropriate ancillary orders.
Define mitigating factors in the context of sentencing.
Mitigating factors are those that reduce the seriousness of the offence, such as provocation, excessive self-defense, or the offender’s positive character and mental health.
When can pre-sentence reports be ordered?
Pre-sentence reports can be ordered at the Plea and Trial preparation hearing or even at the time of sending.
Define the purpose of a pre-sentence report in the context of a sentencing hearing.
A pre-sentence report provides the court with information about the defendant’s background and circumstances, which can assist in determining an appropriate sentence.
What might increase an offender’s culpability?
Culpability might increase based on how the injuries were inflicted, for example, if a weapon was used.
What is the threshold for a custodial sentence
Section 230 SA 2020 outlines that a custodial sentence can only be imposed if the offence is deemed so serious that neither a fine nor a community sentence is appropriate.
Define the conditions under which a community order can be made as per Section 204 SA 2020.
The court must believe that the offence, or the combination of the offence and associated offences, is serious enough to warrant the making of a community order.
List the Seven Principles that guide the conduct of individuals and firms in the legal profession.
The Seven Principles are:
1. Upholding the rule of law and justice,
2. Upholding public trust and confidence,
3. Acting with independence,
4. Acting with honesty,
5. Acting with integrity,
6. Encouraging equality, diversity, and inclusion,
7. Acting in the best interests of each client.
What should a detainee be informed about if a solicitor is requested by someone else
The detainee must be informed that the solicitor has come to the police station at another’s request and must be asked to sign the custody record to indicate whether they want to see the solicitor.
Define the sentencing limitations of a magistrates’ court for an either way offence.
According to s. 224 SA 2020, a magistrates’ court cannot impose imprisonment for more than 12 months for an offence that is triable either way.
Explain the role of the magistrates’ court in sentencing summary only offences.
The magistrates’ court is the only court that can sentence for summary only offences, regardless of whether the defendant pleads guilty or is found guilty at trial.
Define the role of the prosecution during a Newton hearing.
The prosecution makes an opening speech, presents evidence, and calls witnesses, who can be cross-examined by the defense.
What rights does the defendant have during a Newton hearing?
The defendant has the right to give evidence, call witnesses, and address the Judge in a closing speech.
Describe the court’s decision process at the conclusion of a hearing.
The court must decide whether the prosecution has proved its version of the facts beyond reasonable doubt. If so, the defendant is sentenced based on the prosecution’s version; if not, the defendant is sentenced based on the defense’s version.
How does a guilty plea affect sentencing if the prosecution proves its case?
If the prosecution proves its case beyond reasonable doubt, the defendant loses some credit for pleading guilty, and the reduction in sentence for a guilty plea is typically halved.
Define totality in the context of sentencing.
Totality refers to the principle that the overall sentence must be just and proportionate, considering all offences together rather than in isolation.
What is the typical approach when offences arise from the same facts?
It is usually appropriate to impose concurrent sentences for offences that arise from the same facts.
What is likely to happen when offences arise from different facts?
When offences arise from different facts, consecutive sentences are likely to be imposed.
How long can a court defer a sentence for a defendant?
A court can defer a sentence for up to six months.
What happens at the end of the deferral period for a defendant?
At the end of the deferral period, the defendant can present their case to the court in a better light, which may result in a lighter sentence.
Define the conditions under which a deferral period can be extended.
The deferral period cannot be extended, except when a magistrates’ court defers a sentence and then commits the case to the Crown Court, which can defer for an additional six months.
What is the role of the Crown Court in the deferral process?
The Crown Court has the option to defer a sentence for a further six-month period if the case has been committed to it by the magistrates’ court.
Explain the potential benefits for a defendant during a deferral period.
The potential benefits for a defendant during a deferral period include the opportunity to demonstrate personal change or that the offense was an isolated incident, which may lead to a more favorable sentence.
Describe the process for seeking an indication of sentence in a magistrates’ court.
In a magistrates’ court, the defendant (D) can ask for an indication of what their sentence would be if they plead guilty. The court may provide this indication, but it is not required to do so. If given, the indication can only specify whether the sentence would be custodial or non-custodial, and it is binding only if D pleads guilty.
What must a defendant do before asking for an indication of sentence in the Crown Court?
Before asking for an indication of sentence in the Crown Court, the defendant must either accept the prosecution facts or agree on a written basis of plea with the parties and the court, and must give clear instructions to their counsel expressing the desire to seek an advance indication.
Describe a suspended sentence.
A suspended sentence is a court-imposed penalty that is not immediately enforced, allowing the offender to avoid serving time in prison unless they commit another offense during a specified period.
What is a mandatory life sentence for murder?
A mandatory life sentence for murder is a legal requirement that a person convicted of murder must receive a life sentence, with the possibility of parole after a minimum period.
Describe the difference between a suspended sentence and a determinate custodial sentence.
A suspended sentence is less serious than a determinate custodial sentence, which involves immediate imprisonment.
Describe how remand in custody affects a defendant’s sentence.
If a defendant has been remanded in custody for any period prior to sentencing, that period is automatically counted towards their sentence.
Explain the credit system for defendants on bail with a curfew condition.
Defendants on bail with a curfew condition that is electronically monitored can receive credit towards their sentence, but this must be expressly stated by the court.
What is the calculation method for days spent on bail under a curfew?
Each day on bail under a curfew is calculated as equal to half a day serving a prison sentence, rounded up to the nearest whole number.
What happens to days when a curfew is breached in terms of sentence calculation?
Days on which the curfew was breached do not count towards the calculation of credit for the sentence.
What is the minimum curfew condition for a defendant to receive credit towards their sentence?
The minimum curfew condition for credit is that the curfew must be at least nine hours long and electronically monitored.
Who makes decisions regarding defendant’s breaches of licence after being released from a determinate custodial sentence?
If a defendant breaches their licence, they can be recalled to prison to serve some or all of their remaining period on licence.
Who makes decisions in relation to defendant’s breaches of licence for determinate custodial sentences.
The decision regarding breaches of licence is not a court matter and is decided administratively within the Home Office.
Describe the power suspension in the magistrates court regarding custodial sentences.
The magistrates’ court may suspend any determinate custodial sentence of between 14 days and 6 months.
Explain the authority of the Crown Court in suspending custodial sentences.
The Crown Court may suspend any determinate custodial sentence of between 14 days and 2 years.
What happens if the defendant breaches their suspended sentence by failing to comply with the Probation Service where there is a supervision period or fails to comply with any Community Order requirement where one has been imposed?
The defendant must be warned on their first breach and if they commit another breach within 12 months of a warning, breach proceedings will then be instituted.
Describe the process that occurs at a hearing regarding a breach of a suspended custodial sentence.
At a hearing, the breach is presented to the defendant, who can either admit or deny it. If the defendant denies the breach, a trial will be held. If the breach is admitted or proven, the court must activate the suspended custodial sentence, considering the defendant’s prior compliance with the order, unless it would be unjust to do so.
What options does the court have if it finds it unjust to activate a suspended custodial sentence?
If the court finds it unjust to activate the suspended custodial sentence, it must provide reasons and can either fine the defendant up to £2,500, make the Community Order more onerous if applicable, or extend the operational period of the sentence, but not beyond a two-year limit.
What is the significance of the 80% rule in sentencing for a third Class A drug trafficking offence?
The 80% rule ensures that if a defendant pleads guilty at the first opportunity, their final sentence must still be at least 80% of the minimum seven-year term, unless the court deems it unjust.
How many domestic burglaries must a defendant commit to qualify for a minimum term of three years?
A defendant must commit at least three domestic burglaries to qualify for a minimum term of three years.
Identify the types of offences that can lead to a minimum sentence of three years.
A minimum sentence of three years can be applied for a third domestic burglary or a third Class A drugs offence.
How does a guilty plea affect sentencing for a third domestic burglary?
A guilty plea can result in a maximum reduction of 20% on the sentence, but in the case of a third domestic burglary, if the defendant goes to trial, there is no credit for a guilty plea.
Define the treatment of a third domestic burglary conviction in court.
A third domestic burglary conviction is treated as an indictable only offence due to the minimum sentence exceeding the magistrates’ court sentencing powers.
What happens if a defendant is released on licence?
If a defendant is released on licence, they remain on licence for the rest of their life, and any breach can result in returning to prison indefinitely.
Describe the concept of a bind over in non-custodial sentences.
A bind over is a non-custodial sentence where a person is ordered by the court to ‘keep the peace’ for a specified sum of money, which they forfeit if they fail to comply. It can be imposed instead of a guilty plea or trial, and even after an acquittal.
How does a conditional discharge work as a non-custodial sentence?
A conditional discharge allows a defendant to avoid punishment as long as they do not commit another offence during a specified period. If they reoffend, they may be sentenced for the original offence.
List the types of non-custodial sentences mentioned in the content.
The types of non-custodial sentences mentioned are bind over, absolute discharge, conditional discharge, fines, and community order.
In which courts can non-custodial sentences be imposed?
Non-custodial sentences can be imposed in both the magistrates’ court and the Crown Court.
How does an absolute discharge differ from other forms of sentencing?
An absolute discharge differs from other forms of sentencing as it imposes no requirements or conditions on the defendant, effectively resulting in no punishment.
What happens if a defendant commits another offence during a conditional discharge period?
If a defendant commits another offence during the conditional discharge period, they can be re-sentenced for the original offence and also sentenced for the new offence.
Define the maximum duration for a conditional discharge period.
The maximum duration for a conditional discharge period is three years.
How is the payment of fines structured after a court conviction?
The amount of the fine is due immediately and can only be paid in instalments with the agreement of the court.
How are fines typically combined with other sentences?
A fine can be imposed alongside any other sentence except for a hospital order or alongside a discharge when sentencing for a single offence.
What is the general view on combining fines with imprisonment?
It is generally accepted as undesirable to combine a fine with imprisonment.
What must the court consider before issuing a Community Order?
The court must be of the opinion that the offence was serious enough to warrant the making of such an order.
Describe the age requirement for an offender to receive a Community Order.
The offender must be over 18 years old.
Define the maximum length of a Community Order.
The maximum length of a Community Order is three years.
Explain the considerations regarding the offender’s personal circumstances when imposing requirements on community orders
Requirements must avoid conflict with the offender’s religious beliefs and/or interfere with the offender’s times of work and/or education.
How does the court consider time spent on remand in relation to Community Orders?
The court may have regard to any period spent on remand or qualifying electrically monitored curfew when determining the restrictions on liberty imposed by the sentence.
How many hours of unpaid work may be required under a Community Order?
The unpaid work requirement may range from 40 to 300 hours.
What types of programmes might be included in the Programme Requirement?
Types of programmes may include anger management and alcohol treatment.
How long does a defendant have to complete the unpaid work requirement?
A defendant must complete the unpaid work requirement within 12 months.
Explain the maximum duration of the Curfew Requirement in a Community Order.
The maximum duration for the Curfew Requirement is 12 months.
Describe the Exclusion Requirement in a Community Order.
The Exclusion Requirement prohibits an individual from entering a specific area or keeping away from a particular person, with a maximum period of two years, which may be continuous or only during specified periods, and must be electronically monitored.
Define the Residence Requirement in a Community Order.
The Residence Requirement mandates that the individual must live at a particular address as directed by the order.
How does the Foreign Travel Prohibition Requirement function in a Community Order?
The Foreign Travel Prohibition Requirement prohibits the individual from traveling to a particular country or countries on specific days or for a particular period, not to exceed 12 months.
What is the maximum duration for the Alcohol Abstinence and Monitoring Requirement?
The maximum duration for the Alcohol Abstinence and Monitoring Requirement is 120 days.
Describe the consequences of breaching a Community Order.
If an offender fails without reasonable excuse to comply with any requirement of their Community Order, they must be warned that their failure is unacceptable. A second failure leads to breach proceedings.
How long can the court extend a Community Order if necessary?
The court can extend the period of the Community Order by up to six months beyond the usual three-year limit, but this can only be done once.
Define the maximum custodial sentence that can be imposed for breaching a community order.
The maximum custodial sentence that can be imposed for breaching a community order is six months.
Describe the role of the Attorney-General in seeking a point of law after an acquittal.
The Attorney-General may request the opinion of the Court of Appeal on a point of law following a defendant’s acquittal, without affecting the acquittal itself.
How long does the Attorney General have to seek a reference for a sentence review?
The Attorney General has a time limit of 28 days to seek a reference for a sentence review.
Define ‘unduly lenient’ in the context of sentencing.
‘Unduly lenient’ refers to a sentence that is considered excessively lenient by the Attorney General, warranting a review by the Court of Appeal.
Explain the concept of ‘double jeopardy’ in relation to sentence reviews.
‘Double jeopardy’ compensates a defendant for the uncertainty of having to wait to know if their sentence will be increased after a reference is made.
What is the significance of the CCRC’s role in the criminal justice system?
The CCRC plays a crucial role in ensuring that wrongful convictions can be reviewed and potentially overturned, thus upholding justice.
How does Section 58 of the Criminal Justice Act 2003 impact the prosecution’s ability to challenge trial decisions?
Section 58 of the Criminal Justice Act 2003 enhances the prosecution’s ability to challenge adverse trial decisions by allowing appeals against terminatory rulings.
Define the role of the prosecution in the appeal process.
The prosecution must provide an acquittal agreement, assuring the court and the defendant that if leave to appeal is refused and the appeal is abandoned, the defendant will be acquitted on that count(s).
Describe the initial step prosecution counsel should take if they wish to appeal.
Prosecution counsel should notify the judge that they wish to appeal immediately.
What is the time frame for the prosecution to serve written notice of appeal in non-expedited cases?
The prosecution has five business days to serve written notice.
What is the time frame for the prosecution to serve written notice of appeal in expedited cases?
The prosecution must serve written notice by the next business day.
How are expedited appeal cases handled by the Court of Appeal?
Expedited cases will be dealt with by the Court of Appeal in a matter of days without the need for the jury to be discharged.
Describe the process for a prosecutor to appeal a trial judge’s decision.
The prosecutor can apply orally to the trial judge for leave to appeal, and the trial judge will hear representations from the defense on the same day unless further time is needed for justice. The judge will then decide if there is a real prospect of success on appeal.
What happens if the prosecutor’s application to the trial judge is unsuccessful?
If the prosecutor’s application to the trial judge fails, they can still lodge a notice of appeal and proceed to the Court of Appeal.
Define terminatory rulings in the context of prosecution appeals.
Terminatory rulings are decisions made by a trial judge that can be appealed, such as staying proceedings as an abuse of the court’s process, rulings of no case to answer, or evidential rulings that leave the prosecution with no evidence to offer.
Define the time limit for applying to the Court of Appeal for leave to appeal to the Supreme Court.
An application to the Court of Appeal for leave to appeal to the Supreme Court must be made no more than 28 days after the court gives reasons for its decision.
What is the time limit for an application in an AG Reference case to appeal to the Supreme Court?
In an AG Reference case, the application must be made no more than 14 days after the court’s reasons are provided.
How can a guilty plea be submitted for summary only offences
The court may accept a guilty plea submitted by post and pass sentence in the defendant’s absence.
Define the types of offences for which pleading guilty by post is typically used.
Pleading guilty by post is typically used for minor non-imprisonable offences such as speeding or driving without insurance.
Describe the composition of a bench in summary trials.
A bench in summary trials consists of at least two, but usually three, lay magistrates or a single District Judge.
Define the role of lay magistrates in summary trials.
Lay magistrates, also known as justices of the peace, are unpaid volunteers who assist in summary trials and receive training in law and procedure.
What is the function of the authorised court officer during a summary trial?
The authorised court officer assists justices of the peace with relevant law and procedure but does not participate in deciding the verdict.
Explain the requirement for the presence of the authorised court officer in summary trials.
The authorised court officer must be present during trials judged by lay magistrates but is not required to be present in trials presided over by a District Judge.
Describe the conditions under which the prosecution is entitled to make a closing speech.
The prosecution is entitled to make a closing speech if the defendant is represented or if the defendant, whether represented or not, has introduced evidence other than their own.
How should magistrates request assistance from the authorised court officer after retirement?
Magistrates should request assistance from the authorised court officer in open court.
Define the role of the authorised court officer in relation to magistrates’ legal advice.
The authorised court officer informs magistrates about the provisional nature of legal advice given outside of open court and ensures the advice is repeated in open court for transparency.
How is a case handled if only two magistrates are present and they are evenly divided?
They must adjourn the case for a rehearing before a new bench.
What happens to the right to appeal to the Crown Court if you appeal by way of case stated?
If you appeal by way of case stated, you lose your right to appeal to the Crown Court under section 108.
Describe the powers of the Crown Court on appeal from the magistrates according to Section 48(2) of the Senior Courts Act 1981.
The Crown Court can confirm, reverse, or vary the decision appealed against or any part of it; remit the matter with its opinion to the magistrates; and make any other order which the court thinks is just, as long as they exercise only the powers the magistrates could have.
Explain the concept of re-hearing in the context of the Crown Court’s appeal process.
Re-hearing refers to the Crown Court’s ability to conduct a new hearing of the case, allowing for the presentation of evidence and arguments as if it were a new trial.
What is the typical practice regarding costs when an appeal is abandoned?
In practice, costs are usually awarded against the appellant only if the notice of abandonment is served within 24 hours of the appeal hearing or on the day of the hearing.
What are the potential financial consequences for an appellant who loses their appeal?
An appellant who loses their appeal may face the financial consequence of paying the prosecution’s costs.
What form does the appeal take when a case is stated to the High Court?
It takes the form of a question or questions regarding decisions of law or procedure that the defendant claims were wrongly decided.
What is the role of the Divisional Court in a case stated appeal?
The Divisional Court of the Queen’s Bench division of the High Court hears the appeal, which is comprised of at least two judges, usually three.
Explain the type of evidence considered in a case stated appeal.
No evidence is heard in a case stated appeal; it is based solely on legal submissions made by the parties.
Describe the appeal process by way of case stated.
Both the prosecution and defence can appeal by way of case stated after the final determination of proceedings in the magistrates’ court, within 21 days of the decision.
What is required to abandon an appeal once the hearing has started?
Permission from the Crown Court is required to abandon the appeal once the hearing has started.
What powers does the Divisional Court have regarding decisions from the magistrates’ court?
The Divisional Court may reverse, affirm, or amend the magistrates’ court decision, remit the case with an opinion, or make any other order as it sees fit.
What does ‘breach of natural justice’ encompass in judicial review cases?
It includes failures such as not disclosing a witness statement that could assist the defense, not granting adjournments for witnesses, and not providing adequate time for the defense to prepare.
How can a judicial review be applied for in the Crown Court?
In the Crown Court, a judicial review can be applied for a re-hearing.
Who can apply for judicial review?
Both the prosecution and defence can apply for judicial review.
When should an application for judicial review be made?
Applications for judicial review must be lodged promptly and within three months after the grounds arose.
What happens if an application for judicial review is not lodged promptly?
A failure to lodge promptly can lead to the application being rejected even if it is lodged within three months.
What is the standard for reviewing an exercise of discretion in judicial review?
The standard is ‘Wednesbury unreasonableness’.
How should a defendant proceed if they believe there was unfairness, bias, or procedural irregularity in a magistrates’ decision?
The defendant should apply for judicial review of the decision.
What circumstances might lead to a defendant’s conviction being set aside after a guilty plea?
This may occur if the defendant was wrongly advised about the law, although proving this can be difficult.
Who can initiate an application to rectify mistakes in court?
While the defendant usually makes the application, the court can also amend under this provision on its own.
What happens if a conviction is set aside after an application to rectify mistakes?
If the conviction is set aside, the case will be re-tried by a different bench of magistrates.
Explain the role of agreement among parties in the rectification process.
Agreement among all parties that a mistake was made increases the likelihood of success in rectifying the mistake.
How can a defendant challenge a magistrates’ court decision through the Crown Court?
The defendant can appeal to the Crown Court by way of re-hearing.
Explain the slip rule in the context of rectifying mistakes in court decisions.
The slip rule allows for the correction of minor errors in court decisions to ensure justice is served.
What are the three means of challenge available to a defendant against magistrates’ court decisions?
The three means are: a) Appeal to the Crown Court by way of re-hearing, b) Appeal to the High Court by way of case stated, c) Application to the High Court for judicial review.
Define the appropriate appeal route when a defendant alleges an error of law by magistrates.
The defendant should appeal by way of case stated.
Describe the first step a defendant should consider if unhappy with a magistrates’ court decision.
The first step is to determine whether the magistrates have made an error that they can correct themselves.
What should a defendant do if they believe magistrates acted in excess of their jurisdiction?
The defendant should appeal by way of case stated.
How does the appeal process work from the magistrates’ court to the Crown Court?
It is an automatic right of appeal that does not require leave, making it the most common route for challenging decisions.
How does an appeal from the magistrates’ court to the Crown Court affect sentencing?
An appeal from the magistrates’ court to the Crown Court allows for the possibility of a different sentence, which can be more severe than the original sentence if the conviction is upheld.
Describe the time frame for lodging a notice of appeal from magistrates to crown court
A notice of appeal must be lodged within 15 business days of the sentence.
What are the possible outcomes regarding the composition of the court during an appeal hearing?
Typically, the appeal is heard by a judge and two lay magistrates, but it can proceed with just one lay magistrate in exceptional circumstances to prevent unreasonable delays.
What happens if bail is refused in the magistrates’ court?
If bail is refused in the magistrates’ court, an appellant may apply for bail from the Crown Court.
Does failing to attend whilst being represented affect an appeal?
If the appellant fails to attend but is represented, the appeal will proceed regardless of the appellant’s absence.
How does the slip rule apply to sentences in the Crown Court?
The slip rule allows a judge to vary or rescind a sentence within 56 days of it being made, provided that the same judge who passed the sentence makes the variation.
Do the parties involved need to appeal if a recognisable error is made in the sentence?
No, the slip rule allows for rectification of recognisable errors without the need for an appeal.
Describe the time limits for lodging a Notice of Appeal from crown court to court of appeal
The Notice of Appeal (Form NG) must be served within 28 days of the conviction.
What is a respondent’s notice in the appeal process?
A respondent’s notice is a document filed by the party who won at trial, outlining their arguments against the appeal.
Describe the renewal process in the context of appealing a conviction or sentence.
Renewal refers to the process of seeking permission to appeal after an initial application has been refused, allowing the appellant another chance to present their case.
Describe the process of perfecting grounds after receiving transcripts.
Counsel is invited to perfect grounds within 14 days by adding references to the transcripts, reconsidering the grounds, and possibly amending, deleting, or advancing new ones.
What should counsel do if they do not wish to perfect the grounds?
Counsel should notify the Registrar if they do not wish to perfect the grounds.
What should be included in the perfected grounds document?
The perfected grounds document should include references to the transcripts and any amendments or new arguments.
What does ‘perfecting grounds’ refer to in the appeal process?
Perfecting grounds refers to the process of clearly articulating and formalizing the reasons or legal bases for the appeal.
How long does an appellant have to renew their application for leave to appeal?
The appellant must serve the renewal form on the Court of Appeal within 10 business days of receiving the notification of the single judge’s decision.
How will a renewed application be heard
A renewed application for leave to appeal will be heard orally by the full court of 2 or 3 judges.
What is a ‘loss of time order’ in the context of a renewed application for leave to appeal?
A ‘loss of time order’ may be considered by the full court if the single judge found the renewed application to be wholly without merit.
Describe the process of referring a case to the full court.
The Registrar can refer a case to the full court instead of a single judge, bypassing the single judge to decide on the application for leave. This is done in cases of unlawful sentences, novel points of law, or when expedition is required.
What happens if the trial Judge does not certify the case for appeal?
If the trial Judge does not certify the case, a notice of appeal must be sent to the Crown Court within 28 days of the conviction or sentence being appealed.
How does the Registrar handle a notice of appeal received from the Crown Court?
Upon receipt, the Registrar will either send the case to the Single Judge or refer it directly to the full Court of Appeal.
How long does an appellant have to send a notice of appeal after a conviction or sentence?
An appellant has 28 days to send a notice of appeal after the conviction or sentence.
What should a defendant do if they believe their guilty plea was based on incorrect legal advice?
A defendant should first apply to the Crown Court to vacate the plea, and if that is unsuccessful, they may then consider appealing to the Court of Appeal.
Explain the representation of the respondent in different types of appeals.
The respondent is not usually represented at a sentence appeal but will be represented at a conviction appeal.
When must the appellant serve their skeleton before the hearing?
The appellant must serve their skeleton 21 days prior to the hearing.
What is the deadline for the respondent to serve their skeleton before the hearing?
The respondent must serve their skeleton 14 days before the hearing, unless otherwise directed.
Describe a ‘loss of time’ order in the context of the Court of Appeal.
A ‘loss of time’ order is a directive from the Court of Appeal that some or all of the time spent in prison between the date of lodging an appeal and the date of its dismissal may not count towards the appellant’s sentence, typically imposed when the application is deemed wholly without merit.
Describe the main difference between a youth court and an adult magistrates’ court.
The youth court is not a public court, while the adult magistrates’ court is open to the public.
How can technology be utilized to assist a child in giving evidence in court?
A live link can be used to allow the child to give evidence from a separate location, reducing stress and intimidation.
Why is it important to arrange for regular breaks during court proceedings involving children?
Regular breaks help to reduce stress and fatigue, allowing the child to process information and remain engaged.
Do lawyers wear robes in youth court?
No, lawyers are not robed in youth court, which contributes to the more informal atmosphere.
What is the difference in the oath taken by youth witnesses compared to adult witnesses?
Youth witnesses promise to tell the truth, rather than swearing an oath as in adult magistrates’ court.
Explain the difference in addressing youth witnesses in court.
Youth and any youth witnesses are addressed by their first names in youth court.
How do magistrates communicate with defendants in youth court?
Magistrates in youth court prefer to talk directly with the defendants and their parents rather than communicating via the solicitor.
Describe the seating arrangement in youth court compared to adult courts.
In youth court, lawyers and witnesses remain seated, and the youth sits in a chair next to their parent or guardian, while lawyers may sit next to their clients.
How does the presence of the public differ between youth courts and adult courts?
The public is excluded from youth courts, whereas they are allowed in adult magistrates’ courts and Crown Courts, even when a youth is a defendant or witness.
Define the age of criminal responsibility.
The age of criminal responsibility is the age at which a child is considered capable of being guilty of an offence, which is conclusively presumed to be 10 years in this context.
What is the maximum number of magistrates that can sit in a youth court?
Not more than three magistrates can sit in a youth court.
How do reporting restrictions in youth courts differ from those in adult courts?
In youth courts, reporting restrictions apply automatically to those who appear, while in adult magistrates’ court and Crown Court, reporting restrictions are discretionary.
What is required for magistrates and District Judges to sit in the youth court?
Magistrates and District Judges are required to undergo specialist training to sit in the youth court.
Describe the composition of a youth court.
A youth court can consist of either a District Judge sitting alone or not more than three magistrates.
Define ‘Persistent Young Offender’ (PYO).
There is no statutory definition, but a young person is likely categorized as a PYO if they have been convicted of or made subject to a pre-court disposal involving an admission or finding of guilt for imprisonable offences on at least 3 occasions in the past 12 months.
What is the age range for a ‘Young Person’ as per the Children and Young Persons Act 1933?
A ‘young person’ is defined as a person aged between 14 and 17 (inclusive).
Describe the legal definition of a ‘Child’ according to the Children and Young Persons Act 1933.
A ‘child’ is defined as a person under the age of 14 years old.
Explain the significance of age 21 in relation to adult sentencing.
At age 21, an offender becomes liable to imprisonment rather than detention in a Young Offender Institution.
What is the court’s duty regarding parental involvement in cases involving children under 16?
The court has a duty to make a parental bind over or impose a parenting order if it is desirable to prevent further offences.
How does the court’s approach differ for young people aged 16 or 17 regarding parenting orders?
For young people aged 16 or 17, the court has discretionary power to make parenting orders.
What are the consequences for parents who breach a parenting order?
Any breach by the parent will amount to an offence punishable by a fine.
Define the term ‘grave crime’ in the context of youth committal.
A ‘grave crime’ refers to serious offences for which a youth can be convicted, allowing for committal to the Crown Court for a sentence that may exceed two years of detention.
What information must be communicated to the person responsible for a juvenile’s welfare upon their arrest?
They must be informed of the arrest, the reasons for it, and the location where the juvenile is being detained.
Who can act as an Appropriate Adult (AA)?
The following persons can act as AAs: the parent, guardian, or anyone else with parental responsibility; a social worker; or any other responsible adult who is not a police officer.
Identify individuals who should not act as an Appropriate Adult (AA).
A person should NOT be an AA if they are suspected of involvement in the offence, are the victim, are a witness, are involved in the investigation, or have received admissions prior to attending to act as the AA.
Explain the role of a solicitor or independent custody visitor in relation to being an Appropriate Adult (AA).
A solicitor or independent custody visitor who is present at the police station and acting in that capacity may not be the appropriate adult.
What should be considered regarding estranged parents acting as Appropriate Adults (AAs)?
An estranged parent should NOT be asked to act as an AA if the juvenile specifically objects to it.
How does the involvement of a police officer affect the role of an Appropriate Adult (AA)?
Any responsible adult who is a police officer cannot act as an Appropriate Adult (AA) in the context of supporting a juvenile.
How should the appointment of an appropriate adult be handled if a juvenile admits an offence in front of a social worker?
If a juvenile admits an offence to a social worker or a member of a youth offending team, another appropriate adult should be appointed to ensure fairness.
What are the three main purposes of the Appropriate Adult’s (AA) presence during an interview?
The three main purposes are to advise the juvenile, observe the interview’s conduct, and facilitate communication.
Describe the role of the Appropriate Adult (AA) in relation to a juvenile.
The AA can instruct a solicitor on behalf of the juvenile, consult with the juvenile in private at any time, and consult the custody record.
How should a detainee be treated when an Appropriate Adult is called to the police station?
A detainee should always be given the opportunity to consult privately with a solicitor in the absence of the Appropriate Adult if they wish.
Define the legal privilege status of an Appropriate Adult.
An Appropriate Adult is not subject to legal privilege.
Describe the situations in which an Appropriate Adult (AA) should be present for a juvenile.
An AA should be present when the juvenile is being read their rights, being strip searched or subjected to an intimate search, being interviewed, attending an identification procedure, or being charged.
Define the conditions under which a juvenile can be interviewed without an Appropriate Adult present.
A juvenile can be interviewed without an AA only if authorized by a superintendent or above, and if they believe that delay will have certain consequences and that the interview would not significantly harm the juvenile’s physical or mental state.
How should a caution be handled if a juvenile is cautioned in the absence of an Appropriate Adult?
If a juvenile is cautioned in the absence of an AA, the caution must be repeated in the AA’s presence.
What consent is required for a juvenile’s participation in an identification procedure?
The consent of the juvenile’s parent/guardian, as well as their own, is required for participation in any ID procedure.
Explain the consent requirements for juveniles under the age of 14 regarding identification procedures.
If the juvenile is under 14, the consent of their parent alone is sufficient for participation in identification procedures.
Define the principles that apply to youths after they are charged.
The same principles that apply to adult offenders are used to decide whether the youth should be bailed or detained.
Identify the additional ground for detaining a youth that is not found in the Bail Act 1976.
The additional ground allows for the youth to be detained in their ‘own interests’.
What should happen to a youth if they are detained for court?
They should be placed in local authority accommodation unless it is impracticable or secure accommodation is not available.
List the circumstances under which a custody officer may not place a youth in local authority accommodation.
Circumstances include: i) it is physically impossible to do so, or ii) for youths aged 12-17, if no secure accommodation is available and other local authority accommodation would not adequately protect the public from serious harm.
Under what circumstances can a youth be detained in police custody?
A youth can be detained in police custody if they have been arrested for an alleged breach of bail or breach of remand conditions.
Describe the conditions under which youth cautions can be issued.
Youth cautions can be issued if the police have sufficient evidence to charge the youth, the youth admits to the offence, and the police do not believe prosecution or a youth conditional caution is necessary.
What happens after a youth receives a youth caution?
The police must refer a youth who has received a youth caution to the youth offending team.
Define the limitations regarding the issuance of youth cautions for indictable offences.
Youth cautions cannot be issued for indictable offences that are only applicable to adults without the authority of the Crown Prosecution Service (CPS).
How many youth cautions can a youth receive?
There is no statutory restriction on the number of youth cautions a youth can receive.
Explain the relationship between previous convictions and youth cautions.
A youth may receive a youth caution even if they have previous convictions, reprimands, warnings, or other youth cautions.
Describe the typical venue for a youth’s first hearing.
Youths will have their first hearings in the Youth Court.
Identify the circumstances under which a youth may have their first hearing in an adult magistrates’ court.
A youth may have their first hearing in an adult magistrates’ court if they are jointly charged with an adult, charged with aiding and abetting an adult, an adult is charged with aiding and abetting them, or if the youth’s charge is connected to an adult’s charge.
Explain the implications of a youth becoming an adult during legal proceedings.
If a youth becomes an adult during the course of proceedings, they will still continue to be treated as a youth for the purposes of the Youth Court.
Can an adult ever appear before the Youth Court.
There are no circumstances whereby an adult can appear before the Youth Court, except when a youth becomes an adult during proceedings.
Define the circumstances under which a youth will be sent to the Crown Court.
A youth will always be sent to the Crown Court if charged with homicide, firearms with a mandatory three-year minimum sentence, serious fraud, child cases, or specified offences meeting dangerous criteria.
Where will the first appearance be for homicide, firearms with a mandatory three-year minimum sentence, serious fraud, child cases
Youth court, then sent to crown for trial and sentence
What happens if child & adult plead guilty at mags
Sentenced as normal
What happens if youth found guilt in mags
Mags can give referral order, discharge or fine. Otherwise remitted to youth court for full sentencing powers
Give examples of grave crimes
- GBH S18
- Robbery
- Burglary + aggravated burglary
- Aggravated criminal damage
- Arson
Explain the circumstances under which a child or young person may be tried jointly with an adult.
A child or young person may be tried jointly with an adult only if it is determined to be in the interests of justice, despite the general rule that they should be tried separately. (If not a grave crime)
Describe the interest of justice test
The overarching guideline provides considerations such as the potential injustice to witnesses, the age of the child or young person, the age gap between the child and adult, the maturity level of the child, the relative culpability compared to adults, and the absence of previous findings of guilt.
What is the significance of the age gap between a child or young person and an adult in legal proceedings?
A substantial age gap favors the child or young person being tried in the youth court.
How does separating a youth’s trial from an adult’s trial affect the prosecution witnesses?
If the youth’s trial is separated from the adult’s, prosecution witnesses will have to give evidence twice.
What is a potential issue with having separate trials for youths and adults?
A potential issue is that the youth court may reach a different and inconsistent verdict compared to the jury in the Crown Court.
What happens if the court decides not to send the youth to the Crown Court?
If the court decides not to send the youth to the Crown Court, their trial will take place in the youth court.
Describe the process when a youth is tried alongside an adult in court.
If the court decides that the youth should be tried with the adult, the youth’s case will be sent to the Crown Court for a Plea and Trial Preparation Hearing, alongside the adult.
Define the implications of a youth being tried in the Crown Court.
Once a youth is lawfully before the Crown Court for trial, there is no power to remit the youth back to the youth court for trial, even if the adult pleads guilty.
What happens if the adult pleads guilty in a joint trial with a youth?
The youth would still face trial alone in the Crown Court, as they cannot be remitted back to the youth court.
Describe the process that occurs if an adult and youth are sent to the Crown Court for trial.
The trial takes place before a judge and jury. If the child or young person is found guilty, the court must remit the case to the youth court, unless it is deemed undesirable to do so.
Define the exception to remitting a case to the youth court after a trial in the Crown Court.
The only exception is when the offence is homicide.
What is the usual procedure after a trial concludes in the Crown Court for a child or young person found guilty?
The case must be remitted to the youth court unless it is undesirable to do so.
What happens if the court declines jurisdiction or the adult elects to have a separate trial when it’s not a grave crime?
The court will apply the ‘interests of justice’ test. If the test is met, the youth is sent to Crown Court for trial with the adult; if not met, the youth will be tried in the youth court.
What is the significance of the magistrates’ court in the context of adult and youth trials?
The magistrates’ court is where both adults and youths are tried if the court accepts jurisdiction and both plead not guilty.
Define the term ‘grave crime’ in the context of youth offenses.
A grave crime refers to a serious offense that may lead to significant legal consequences, particularly for youth.
Describe the process when a youth pleads not guilty.
If a youth pleads not guilty, the court will determine if a sentence substantially in excess of 2 years should be available.
How does the ‘two year’ test affect the trial of a youth?
If the ‘two year’ test is met, the youth is sent to the Crown Court (CC) for trial.
Explain the procedure for an adult pleading not guilty in relation to a youth.
If an adult pleads not guilty, they are sent for trial to the Crown Court alongside the youth.
What happens if the IOJ test is not met for a youth?
If the IOJ test is not met, the youth is remitted to the youth court for trial.
What is the procedure when an adult pleads guilty in relation to a youth?
When an adult pleads guilty, each is dealt with separately according to usual principles, and the youth is remitted to the youth court for trial.
How does the court determine the sentencing for a youth who pleads guilty to a grave crime?
If the ‘two year’ test is met, the youth is committed to crown court for sentencing.
What happens if the ‘two year’ test is not met for a youth’s sentence?
The youth is either sentenced or remitted to the youth court for sentencing.
What is the next step if a youth pleads guilty to a non-grave crime?
If the youth pleads guilty, they will either be sentenced or remitted to the youth court for sentencing.
What happens in an either way offence and youth pleads not guilty to a grave crime
Sent to crown court and adult automatically joins
Where is the first appearance when pleading not guilty to indictable only offence
Mags
What is the primary court for youths charged with grave crimes?
The youth court is the primary court for youths charged with grave crimes, reserving the Crown Court for the most serious cases.
What happens if a youth is found guilty in the adult magistrates’ court?
If a youth is found guilty in the adult magistrates’ court, the same considerations apply, and the court may remit the case to the youth court for sentencing.
How does the magistrates’ court handle cases involving mandatory referral orders for youths?
If a case attracts a mandatory referral order, the magistrates may remit the case to the youth court, but they are not obliged to do so.
What happens if both an adult and a youth are charged together, and the adult pleads guilty?
If the adult pleads guilty and the youth pleads not guilty, the adult magistrates may try the youth without the adult, but they are more likely to remit the case to the youth court.
Define the plea before venue procedure in the context of a youth charged with an adult.
The plea before venue procedure involves the youth being asked to indicate a plea, which is the first stage in determining the trial venue.
What is the significance of a sentence of over two years in relation to dangerousness?
If a sentence of over two years is not required, then the issue of dangerousness, which necessitates a sentence of at least four years, cannot be considered relevant.
How does the Youth Court Bench Book suggest handling dangerousness in relation to grave crimes?
The Youth Court Bench Book indicates that dangerousness should be considered first, even before determining if the offence is a grave crime.
How often should the power to send youths to the Crown Court for trial under dangerousness provisions be used?
The power to send youths to the Crown Court for trial under the dangerousness provisions should be rarely used.
How is an extended sentence structured for youths under s.254 SA 2020?
An extended sentence consists of an appropriate custodial term plus an extended licence period.
Describe the criteria for imposing a sentence of extended detention for youths under s.254 SA 2020.
The criteria include: a) the youth is convicted of a specified offence as per s.306 SA 2020; b) the court considers there is a significant risk of serious harm to the public from the youth committing further specified offences; c) the offence warrants the equivalent determinate sentence of at least four years.
What is the significance of the absence of a plea before venue in cases sent to the Crown Court for dangerous youths?
The absence of a plea before venue means that the youth does not have the opportunity to contest the venue of the trial, reflecting the seriousness of the charges and the urgency of the legal process.
What happens if a youth enters a not guilty plea in court?
The parties will be asked to complete a case management form and directions will be made for the future management of the case, similar to the adult magistrates’ court.
What was emphasized in R (H) v Southampton Youth Court regarding youth trials?
The case emphasized that youths, particularly those under 15, should primarily be tried in the youth court.
Define the two-stage test for grave crimes under s.250 SA 2020.
The two-stage test for grave crimes involves first determining if the offence is capable of being classified as a grave crime under s.249 SA 2020, and if so, assessing whether the appropriate sentence exceeds two years’ detention.
What is the implication of a youth being sent to the Crown Court without an indication of plea?
They could end up pleading guilty at the first opportunity, potentially receiving a sentence that the youth court could have imposed.
Explain the significance of previous convictions in the plea before venue process.
Previous convictions can be considered by the youth court when deciding whether to send a case to the Crown Court.
Define the maximum sentencing powers of the youth court in relation to the plea before venue.
The maximum sentencing power of the youth court is two years’ detention.
What is the significance of previous convictions in the youth court’s decision-making?
The youth court is entitled to consider the youth’s previous convictions when deciding the mode of trial.
How does the youth court handle cases with multiple defendants under 18?
The youth court must consider each defendant separately, which means one youth can be sent for Crown Court trial while others may remain in the youth court, although this situation is rare.
Define a ‘grave crime’ in the context of youth trials.
Punishable for at least 14 years
Describe the circumstances under which a youth must be tried in the Crown Court instead of a youth court.
A youth must be tried in the Crown Court if charged with homicide, certain firearms offences with mandatory minimum sentences, offences classified as ‘grave crimes’, specified offences that may require an extended sentence, or if jointly charged with an adult sent to the Crown Court.
Describe the types of sentences available for youth offenders.
Youth offenders can receive community orders known as youth rehabilitation orders (YRO), absolute or conditional discharges, reparation orders for less serious offences, custodial sentences called detention and training orders (DTO), referral orders for first-time offenders, and financial orders such as fines.
Define youth rehabilitation orders (YRO).
Youth rehabilitation orders (YRO) are community orders available for youth offenders, imposed when the offence is deemed serious enough.
What is the mandatory sentence for first-time youth offenders in court?
The mandatory sentence for most children and young people who have committed an offence for the first time and pleaded guilty to an imprisonable offence is a referral order.
How long can a youth rehabilitation order last?
A youth rehabilitation order can last for a maximum of 36 months.
What is the minimum duration for a referral order?
The minimum duration for a referral order is 3 months.
What are the two requirements that can be imposed on young offenders aged 16 or 17?
The two requirements are unpaid work requirement and residence requirement.
Under what conditions can the unpaid work and residence requirements be imposed?
These requirements can only be imposed if the offence is an imprisonable one AND the custody threshold has been passed.
What are the requirements that can be imposed on persistent offenders under 15?
The requirements are intensive supervision and surveillance requirement, and fostering requirement.
Describe the purpose of a referral order in the context of youth offenders.
A referral order requires an offender to attend meetings of a youth offender panel and comply with a behavior program agreed upon with the panel, serving as a form of contract.
What happens to a youth offender’s record after a referral order is discharged?
Once a referral order is discharged, it is considered spent, leaving the youth with a clean slate.
Describe the conditions under which a referral order becomes mandatory.
A referral order becomes mandatory if the young offender has not been previously convicted and pleads guilty to an imprisonable offence and any connected offences.
List the scenarios where a referral order is discretionary.
A referral order is discretionary if the offender has a second or later conviction or pleads guilty to the offence or a connected offence that is not punishable by imprisonment.
Describe the consequences for a young offender who breaches a referral order.
If a young offender breaches a referral order or is convicted of another offence while under the order, they may be referred back to the youth court, which can revoke the order and deal with the youth as if they had committed the new offence.
How can a youth court respond to a breach of a Youth Rehabilitation Order (YRO)?
The youth court has several options: take no action, impose a fine (up to £2,500), amend the terms of the order, or revoke the order and re-sentence the child or young person.
Describe the purpose of a Detention and Training Order (DTO).
A DTO is the only custodial sentence available to the youth court, used as a last resort for serious offences.
Define the circumstances under which a DTO can be imposed.
A DTO can only be imposed when a child or young person has been convicted of an offence punishable by imprisonment for an adult.
How does the age of the offender affect the imposition of a DTO?
No DTO can be imposed on offenders aged 10 or 11, and for those aged 12-14, it can only be imposed if they are persistent offenders.
What is the minimum length of a Detention and Training Order?
The minimum length of a DTO is 4 months.
What is the maximum length of a Detention and Training Order?
The maximum length of a DTO is 24 months.
What is the sentencing approach for individuals under 15 years old?
The court may allow a greater reduction in the sentence for those aged under 15 compared to older youths.
Explain the structure of a Detention and Training Order.
A DTO consists of two phases: the first half is spent in secure youth detention, and the second half is spent in the community under supervision.
Describe the sentencing options for dangerous offenders who are children or young people.
If a child or young person is found to be dangerous, they can be sentenced to extended detention or detention for life.
What is the minimum term for a child or young person sentenced for murder?
The starting point for the minimum term is 12 years.
