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

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