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STATUTE SECTIONS > CRIM PRACTICE > Flashcards

CRIM PRACTICE Flashcards

1
Q

the right to inform someone of the suspects arrest

A

s 56 PACE 1984

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2
Q

the right for the suspect to consult privately with a solicitor

A

s 58 PACE 1984

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3
Q

the initial maximum period of detention before charge is 24 hours - this is the detention clock

A

41 PACE 1984

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4
Q

review clock - when a suspect’s detention has to be reviewed and authorised

A

40 PACE 1984

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5
Q

simple caution

A

17 criminal justice and courts act 2015

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6
Q

custody officer must decide to keep person in custody or to release on bail with or without conditions

A

s 38 PACE 1984

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7
Q

conditional caution

A

22 criminal justice act 2003

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8
Q

youth cautions

A

66ZA crime and disorder act 1998

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9
Q

youth conditional cautions

A

s 48 criminal justice and immigration act 2008

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10
Q

law value shop lifting offence is a summary offence

A

22A magistrates court act 1980

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11
Q

criminal damage that is less than 5,000 is a summary offence

A

s 22(1) MCA 1980

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12
Q

prosecution informs court of facts, magistrates consider if they can take it.

A

s 19-20 and s 22A magistrates court act 1980

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13
Q

sending without allocation - if serious or complex fraud, if involves children, of either way relating to an indictable offence

A

s 50A crime and disorder act 1998

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14
Q

adverse inference from defendants silence when D was being questioned or charged at the police station

A

s 34 CJPOA 1994

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15
Q

adverse inference if, when interviewed, the defendant failed to account for the presence of an object, substance or mark

A

s 36 CJPOA 1994

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16
Q

adverse inference - if when questioned by the police, the D failed to account for his presence at a particular place at the time the offence was committed

A

s 37 CJPOA 1994

17
Q

adverse inference if the defendant fails to give evidence on their own behalf, if there are issues which call for an explanation from the defendant.

A

s 35 CJPOA 1994

18
Q

hearsay statement is defined as a statement not made in oral evidence, that is relied on as evidence of a matter in it

A

s 113 CJA 2003

19
Q

grounds for admitting hearsay evidence:

any provision in this chapter
any rule of law of s 118
all parties agree
interest of justice

A

s 114 CJA 2003

20
Q

hearsay admissibility under the statutory provisions:

cases where witness is unavailable
business and other documents
previous inconsistent statements

A

114(1)(a) CJA 2003

unavailable: 116
business : 117

21
Q

confession evidence is the common law exception to hearsay evidence

A

s 118 CJA 2003

22
Q

confession evidence definition: any statement wholly or partly adverse to the person who made it

A

s 82 PACE 1984

23
Q

challenging the admissibility of confessions : oppression or unreliability

A

s 76 PACE 1984

24
Q

definition of bad character: evidence of, or a disposition towards, bad conduct

A

s 98 Criminal Justice Act 2003

25
Q

the 7 gateways of evidence of a defendants bad character:

all parties agreed
adduced by D themselves
important explanatory evidence
important matter in issue
substantial probative value
correct false impression
attack on another

A

s 101(1) Criminal Justice Act 2003

26
Q

bad character evidence of someone other than the defendant

A

s 100 CJA 2003

27
Q

exclusion of evidence : court may refuse if, in the circumstances, the admission of evidence would have such an adverse effect on the fairness of the proceedings, the court ought not to admit it

A

s 78 PACE

28
Q

bail in respect of some offences may be refused if:

failure to surrender
commissions of further offences
fear of physical or mental injury
own protection
already serving custody
lack of information

A

s 72 Criminal Justice and Immigration Act 2008

29
Q

conditional bail is necessary if it is to prevent D from absconding, committing further offences, interfering with evidence or witnesses, ensure keep appointments with solicitor or medical reasons.

A

s 3(6) Bail Act 1976

30
Q

a person is NOT competent to give evidence, if it appears that they cannot understand the questions put to them, or give answers that can be understood

A

s 53 Youth Justice and Criminal Evidence Act 1999

31
Q

the court must have regard to the purposes of sentencing, when sentencing an offender aged 18 or over:
punishment of offenders
reduction in crime
reform and rehabilitation
protection of the public
making reparation

A

s 57 sentencing act 2020

32
Q

court must consider the culpability of the offence, and any harm.

A

s 63 sentencing act 2020

33
Q

guilty plea reduction in sentence

A

s 73 sentencing act 2020

34
Q

appeals

A

criminal appeal act 1968

35
Q

court can extend the detention time, if a warrant is given from magistrates court.
reasonable grounds to preserve evidence and investigation is diligent

A

s 43 PACE

STATUTE SECTIONS (12 decks)

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