CRIM PRACTICE Flashcards
the right to inform someone of the suspects arrest
s 56 PACE 1984
the right for the suspect to consult privately with a solicitor
s 58 PACE 1984
the initial maximum period of detention before charge is 24 hours - this is the detention clock
41 PACE 1984
review clock - when a suspect’s detention has to be reviewed and authorised
40 PACE 1984
simple caution
17 criminal justice and courts act 2015
custody officer must decide to keep person in custody or to release on bail with or without conditions
s 38 PACE 1984
conditional caution
22 criminal justice act 2003
youth cautions
66ZA crime and disorder act 1998
youth conditional cautions
s 48 criminal justice and immigration act 2008
law value shop lifting offence is a summary offence
22A magistrates court act 1980
criminal damage that is less than 5,000 is a summary offence
s 22(1) MCA 1980
prosecution informs court of facts, magistrates consider if they can take it.
s 19-20 and s 22A magistrates court act 1980
sending without allocation - if serious or complex fraud, if involves children, of either way relating to an indictable offence
s 50A crime and disorder act 1998
adverse inference from defendants silence when D was being questioned or charged at the police station
s 34 CJPOA 1994
adverse inference if, when interviewed, the defendant failed to account for the presence of an object, substance or mark
s 36 CJPOA 1994
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
s 37 CJPOA 1994
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.
s 35 CJPOA 1994
hearsay statement is defined as a statement not made in oral evidence, that is relied on as evidence of a matter in it
s 113 CJA 2003
grounds for admitting hearsay evidence:
any provision in this chapter
any rule of law of s 118
all parties agree
interest of justice
s 114 CJA 2003
hearsay admissibility under the statutory provisions:
cases where witness is unavailable
business and other documents
previous inconsistent statements
114(1)(a) CJA 2003
unavailable: 116
business : 117
confession evidence is the common law exception to hearsay evidence
s 118 CJA 2003
confession evidence definition: any statement wholly or partly adverse to the person who made it
s 82 PACE 1984
challenging the admissibility of confessions : oppression or unreliability
s 76 PACE 1984
definition of bad character: evidence of, or a disposition towards, bad conduct
s 98 Criminal Justice Act 2003
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
s 101(1) Criminal Justice Act 2003
bad character evidence of someone other than the defendant
s 100 CJA 2003
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
s 78 PACE
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
s 72 Criminal Justice and Immigration Act 2008
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.
s 3(6) Bail Act 1976
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
s 53 Youth Justice and Criminal Evidence Act 1999
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
s 57 sentencing act 2020
court must consider the culpability of the offence, and any harm.
s 63 sentencing act 2020
guilty plea reduction in sentence
s 73 sentencing act 2020
appeals
criminal appeal act 1968
court can extend the detention time, if a warrant is given from magistrates court.
reasonable grounds to preserve evidence and investigation is diligent
s 43 PACE
