crime

Question 1

when does the suspect have an ABSOLUTE right to remain silent.

Answer 1

when it is interviewed without legal advice
no adverse inferences may be drawn from their silence

Question 2

who can allow for a suspect to be interviewed without legal advice?

Answer 2

an officer not below rank of inspect needs to enquire about it and note down reasons + get suspect to confirm iin wiritng this is their decision
They also need to confirm in writing/give authority in writing that they are satisfied with it

Question 3

when can the right to legal advice be delayed?

Answer 3

only in indictable offences
by an officer at least superintendent
- when it will harm evidence or physical harm to people
- maybe alert other people who have not been detained yet
- hinder the recovery of property that may be evidence

Question 4

when can the right to having someone informed be delayed?

Answer 4

by an officer not least inspector, for both indictable and eithr-way offences
For the same reasons as right to legal advice being delayed

Question 5

what is the difference between detention and review clock?

Answer 5

the detention clock may start at different times, depending how the suspect was arrested.

The review clock will start at the time of their detention

Question 6

If a suspect is arrested at 10:20, arrives at the police station at 10:40 and are detained at 11:15, when will the detention and the review clock start?

Answer 6

detention clock: 10:40
review clock: 11:15

Question 7

what type of caution is given to a suspect if they refuse to speak to a solicitor (or if they accept but then change their minds)

Answer 7

a normal caution = no absolute right to silence = adverse inference may be draw

Question 8

what type of caution is given to a suspect where they dont speak to a solicitor before an interview because waiting for the solicitor would cause unreasonable delay?

Answer 8

a special caution = absolute right to silence = no adverse inferences drawn from silence

Question 9

what type of caution is given to a suspect where the suspect has asked to speak to a specific solicitor (unavailable) and has declined speaking to the duty solicitor?

Answer 9

a normal caution = no absolute right to silence = adverse inference may be draw

Question 10

what type of caution is given to a suspect where the suspect has their right to legal advice delayed and the police decides to do the interview anyway?

Answer 10

a special caution = absolute right to silence = no adverse inferences drawn from silence

Question 11

what’s a juvenile

Answer 11

anyone between 10-17 inclusive, but anyone who appears to be under 18 should be treated like one (in the absence of clear evidence)

Question 12

can the means test be appealed?

Answer 12

no

Question 13

can the interest in justice test be appealed?

Answer 13

yes

Question 14

when is a newton hearing required?

Answer 14

when the def enters a plea but disputes allegations/evidence for CPS
separate hearing to determine validity of those

Question 15

max limit of remand in custody

Answer 15

8 clear days

Question 16

can remand in custody be extended?

Answer 16

to 28 days if:
a) def has already been remanded for same offence
b) are before court
c) there is a date to remand them on which next proceedings are expected to take place

example: first hearing is remanded for 6 days. At second hearing, trial is allocated for in 28 days - he can be remanded in custody for that duration until the trial (as he was before court; has a date fixed, and was already remanded in custody for same offence)

Question 17

total max time in remand in custody before trial

Answer 17

70 days for either-way offence
56 days for summary only offence

Question 18

can the total max remand in custody period be extended?

Answer 18

CPS can apply to court to extend it, but will need to show that on balance of probabilities there is good and sufficient reason to do this and they have acted with due diligence and expedition.

Question 19

how can an application for remand in custody extension be made?

Answer 19

orally or in writing
BUT written notice of intention needs to be served on court and def not less than 2 days before hearing at MC

Question 20

what happens once the remand in custody time limit has expired?

Answer 20

unless CPS has had a successful extension case, def must be released on bail

Question 21

can CPS appeal if MC refused to extend remand in custody time?

Answer 21

yes, to CC

Question 22

can def appeal if MC extends their remand in custody period?

Answer 22

yes, to CC

Question 23

how long can a def be remanded in custody AFTER conviction?

Answer 23

successive period of no more than 4 weeks

Question 24

is there a presumption of bail

Answer 24

yes, but not absolute and limited to exceptions

Question 25

when does the presumption of bail apply

Answer 25

• all defs
• defs who have been convicted but case has been adjourned for court to obtain reports before sentencing
• defs breaching community service

Question 26

where does the presumption of bail does not apply

Answer 26

• defs convicted committed to CC for sentencing
• defs who are appealing against conviction or sentence
• defs charged of most serious offences

Question 27

grounds for not allowing bail

Answer 27

substantial grounds for believing that on bail, def will:
- fail to surrender
- commit an offence
- interfere with a witness or obstruct justice

Question 28

how does CPS objects to bail?

Answer 28

1- provide to def and court all info as soon as practicable
2- state their objection and apply to MC for def to remand in custody, outlining grounds
3- def’s solicitor makes application for bail and objecting to CPS grounds in turn or suggest appropriate conditions
4- MC hears evidence from other people like prospective employers, someone prepare to give them accomodation etc
5- MC makes their decision and if any conditions

record of MC is given to def (also record reasons if they refuse bail) (certificate of full argument)

Question 29

what happens if bail is refused at first hearing?

Answer 29

MC will be under a DUTY to reconsider question of bail at the subsequent hearing

Question 30

what can def do if bail is refused?

Answer 30

At 1st hearing after the hearing where bail was refused, can make a full application again, using SAME arguments of fact or law

But then any subsequent hearings after that will not hear application if doesn’t have new fact or law (= only if they can raise new arguments)

Question 31

Can the decision against bail be appealed? (by def)

Answer 31

yes, to the CC
although, in practice, solicitors usually wait to have done the 2 applications to the MC (maximises chances of being granted bail)

Question 32

how is a decision against bail appealed? (by def)

Answer 32

def completes a notice of application as soon as practicable and sends to the CC, MC and CPS explaining reasons, further info, each previous offence, any condition suggestions,… at least 24hrs before hearing

Question 33

when is the appeal against bail heard? (by def)

Answer 33

no less than 1 day after the notice of application was served on the CC (judge hears it in their chamber)
Judge then hears representation form CPS and def’s advocates

Question 34

can the CPS appeal decision to grant bail?

Answer 34

yes, if the def has been charged with an imprisonable offence

Question 35

how can the CPS appeal against a decision to grant bail?

Answer 35

1- make oral notice at the end of hearing where bail is granted, before def is released from custody
2- confirm notice in writing and serve on def no more than 2 hours after court’s decision
3- CC must hear apeal as soon as possible and in any event no later than 2 days after notice was served (takes place as a re-hearing)

–> def is remanded in custody until appeal is heard

Question 36

basic requirements court needs to be satisfied in relation to evidence?

Answer 36

1- relevant to case
2- admissible
= direct evidence of def’s guilt or circumstancial evidence from which def’s guilt may be inferred

Question 37

when does the legal burden of proof fall on the def?

Answer 37

when he wants to prove the defence of insanity or duress (only on the balance of probabilities though)