Crime Flashcards
When does the 24 hour period of detention start?
If already arrested, at time of arrival to station.
If turning himself in, at time of arrest at police station.
What is the difference between factual and legal causation?
Factual: But for test.
Legal: No actus interveniens.
Both needed for Actus Reus.
What is needed for a juvenile to be interviewed at police station?
An appropriate adult and a solicitor.
Who can authorise extending detention at a police station by 12 hours and what are the conditions?
Superintendent.
Conditions are that offence has to be indictable, detention is necessary to preserve evidence and investigation is diligent and quick.
Who can authorise extending detention at a police station beyond the original 24 + 12 hours?
The magistrate’s court.
Conditions are the same as extending original 24 hours.
What are the 4 rights of a suspect in detention?
To be informed of which offence they have been arrested for.
To have someone informed of their arrest.
To obtain legal advice.
To consult the codes of practice?
When should an identification procedure be held?
When a witness has identified a suspect or thinks they can and the suspects disputes being the criminal.
When should an identification procedure NOT be held?
When it would serve no useful purpose, which is the case if a suspect admits to being known by a witness.
What are the three types of intent?
Basic: intent or recklessness.
Indirect: Outcome was virtually certain and was foreseen as such.
Specific: intent and not recklessness.
What is NOT a novus actus interveniens?
Medical negligence unless completely independent of crime.
The victim having a thin skull.
A victim neglecting themselves or committing suicide after crime.
Note: There is no novus actus interveniens if the crime remains a substantial and operating cause.
When can a youth caution (referral order) be given?
When there is substantial evidence and the kid admits guilt and the police do not want to charge.
What is the hierarchy of appropiate adults for juveniles?
Parents then social workers then random responsible adults.
Who is NOT an appropriate adult?
A solicitor or police officer or estranged parent or someone to whom an admission has been made.
When is an identification procedure invalid?
When a picture is shown beforehand or there is less than 8 people or there is a scar on someone that is not replicated on the others or concealed or the identification is made before seeing all 8 suspects twice or the procedure is not recorded.
Besides juveniles, who else is a vulnerable client?
The mentally ill or non-English speaking or deaf or blind.
What is the hierarchy of appropriate adults for vulnerable clients?
Relatives then social workers then other responsible adults.
When can someone’s interview be excluded at the court’s discretion?
If they were denied a right and there is a possible causal link between this and what they said in the interview.
When is an interview void due to oppresion?
If the suspect was threatened or the police officer raised their voice.
When can an omission to act lead to criminal liability?
If there is a duty of care, special relationship (parent-child) or the defendant has created a dangerous situation.
What is an offence of strict liability? Give an example.
It is an offence that does not require mens rea.
Drunk driving.
Rank the 5 types of assault.
- Simple assault - apprehension of unlawful force.
- Battery - Unlawful personal force.
- Actual bodily harm - S 47
- Grievous bodily harm aka maliciously wounding - S 20
- Wounding with intent - specific intent - S 18.
What is the mens rea for actual and grievous bodily harm?
Intent or recklessness as to the lesser form of assault.
What is the mens rea for wounding a police officer with intent?
Intent or reckless to actual bodily harm AND resist arrest.
What is the court process for an either-way offence?
Magistrate’s court decides whether to accept jurisdiction and then defendant consents or elects to go to Crown Court.
When can bail NOT be granted if the sentence is non-custodial?
If the defendant needs to be protected or there is a risk of further offending. Otherwise, bail must be granted.
What are the reasons for objecting to bail?
- Failure to surrender to custody.
- Committing offence.
- Protecting the defendant through custody.
- Interfering with witnesses.
List possible conditions of bail.
- Security.
- Third person surety.
- Confiscated passport.
- Curfew.
- Specific place of residence.
- Reporting to police station periodically.
- Non-communication with witnesses.
- Not entering specific areas.
What is the time limit for being in custody before trial?
70 days in general. Trial must be within 56 days of allocation hearing.
When is a Crown Court trial preferable over Magistrate’s?
When there is going to be an issue of admissibility of evidence. Jury will leave and not see evidence if it judged inadmissible. There is also a statistical greater chance of acquittal by a jury.
When is a Magistrate’s trial preferable over CC?
It is cheaper and faster. Judge cannot give costs order if defendant is eligible for legal aid.
When would a solicitor be misleading a court?
If they represent a client who they know is answering questions falsely. The solicitor should stop representing the client before allowing this.
What should be known about an indication of sentence?
A Goodyear indication of sentence is binding unless D pleads not guilty.
What is the mens rea of murder?
Intending to kill OR cause grievous bodily harm. No recklessness applies - it is a crime of specific intent.
What satisfies unlawful act manslaughter? What is the mens rea?
When an unlawful, deliberate and dangerous act kills someone. It has to be dangerous.
The mens rea is the same mens rea as that of the unlawful act.
When does a balance of probabilities apply to criminal law?
When a defendant raises a defence and has a legal and evidential burden to prove it.
When is supporting evidence needed along with identification evidence?
When the identification evidence is of poor quality.
Poor quality identification with no supporting evidence is admissible but the judge should ask the jury to acquit the defendant.
What are the three elements of loss of control?
- Loss of control due to a
- Qualifying trigger which
- A normal person of the same age and sex might have reacted the same.
What are and are NOT qualifying triggers?
A desire for revenge is NOT a qualifying trigger.
Fear of violence and grave circumstances causing one to feel seriously wronged are.
What are the elements of diminished responsibility?
- Abnormal mental functioning
- Caused by a recognised condition.
- Causes lack of capacity to understand what you’re doing.
When will an adverse inference be made?
Failure to mention something later relied on.
Failure to say something which is reasonably expected to be mentioned.
Failure to answer to whereabouts or certain objects.
When will an adverse inference NOT be made as a result of silence during interview?
When a written statement was given with all the facts or the physical or mental condition of the defendant makes it undesirable to give evidence.
Note: a 9 year old being silent lead to adverse inference.
What must be given during interview for an adverse inference to be later made?
Special caution that an adverse inference be made if the question is not answered.
How many other images should be shown in a video identification procedure?
12 other people besides the suspect or two suspects if there are two.
What is a solicitor entitled to upon arrival at station?
Inspect the custody record.
Information about offence and why it is suspected.
How many people in an identification parade?
8 besides suspect.
Can a juvenile give consent to identification procedure?
Not if they are under 14, in which case only the consent of the parent is required.
When is theft or damage summary only?
Theft less than 200.
Damage less than 5000. NOT Arson.
Will legal advice to remain silent protect you from an adverse inference?
Not automatically but a jury will be directed not to draw an adverse inference if you genuinely and reasonably relied on the legal advice.
What is hearsay?
A statement not made in court that is relied on as evidence.
What is the difference between first hand and multiple hearsay?
First hand hearsay is when a witness, in court, repeats a statement they themselves heard.
Multiple is when the statement was passed on by multiple people before repeated in court.
When is hearsay admissible under the statutory provisions?
Witness is unavailable physically or afraid - only applies to first-hand hearsay.
Professional documents
Witness statement and the person has now forgotten.
Why are diary statements not hearsay?
Hearsay statement must be made with the purpose of causing someone to believe something.
What is the common law exception for hearsay?
If you make a confession to someone quickly after the event, it is admissible hearsay.
What type of confession is inadmissible? What type of confession is unreliable?
One obtained via oppression.
Unreliable if defendant was denied refreshments or legal advice or the strength of the prosecution was misrepresented or the defendant was unstable. Basically, the police breached protocol and therefore affected the quality of the defendant’s admission.
Will hearsay be admissible if all parties agree to make it admissible or the court is satisfied that it is in the interests of justice?
Yes.
Which types of character evidence can the court NOT exclude at its discretion?
- All parties agree to it being admissible.
- Character evidence given by the defendant himself.
- Important probate value to an issue in contention.
What type of character evidence can be admitted to trial?
- Evidence to correct false impression given by defendant.
- The defendant attacking someone’s character in proceedings.
- Evidence of a propensity to commit this type of crime or be untruthful.
- Probate value to an issue in contention of substantial value.
- Impossible to understand the case without the evidence.
Are convictions of dishonesty seen as a propensity to be untruthful?
No. Just because you commit fraud doesn’t mean you lie in court as a defendant.
Is evidence of a witnesses’s propensity to be dishonest admissible to undermine credibility?
Yes.
Is hearsay admissible if you heard someone making a confession?
Yes. Confession is one of the exceptions to the hearsay rule.
Can you admit bad character evidence of someone who is not even a witness?
Yes.
Is there a difference between offences of the same category and offences of the same kind?
Yes. Be careful about that.
Do you have to confess to committing the crime for a statement to be a confession?
No. The confession only needs to be partly adverse to you.
