Crime - MCQs from mock Flashcards by Yustina Milad

Can youth elect CC?

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What is the test for youth to be tried in CC?

Interest of justice

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If you’re arrested for bad behaviour whilst awaint trial, court should adjourn as your absence is involuntary.

True or False?

True

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Criminal damage - not triable either way

True or false?

False - Where the damage value is less than £5,000, the case must be tried summarily and attracts a maximum sentence of 3 months’ imprisonment and, or a fine of up to £2,500

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Witnesses may only give evidence of facts they personally perceived and not evidence of their opinion e.g. evidence of inferences drawn from such facts.

True or false?

True

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CC can vary sentence, including by imposing a more punitiive sentence within 56 days of the sentence being passed.

True or false?

True

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Leave is not required if notice is served within relevant time - appeals from mags

True or false?

True

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Saying ‘I made no comment because my solicitor advised that’ does waive privilege.

True or false?

False

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Court has power to pass detention and training order if not a persistent offender

True or false?

False

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Not allowed to proceed in the absence of the D whose disorderly conduct before the court renders it impracticable to conduct the hearing in their presence

True or false?

False

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Plea before venue procedure can be determined in the absence of a young person whose legally represented

True or false?

True

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If court believes it should proceed in the absence of the accused, legal rep is invited to enter a plea on behalf of the accused

True or false?

True

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Minimum sentence for 3rd class A drug trafficking offence is:

A. 3 years
B. 7 years
C. 2 years

B. 7 years. But judge need not impose this sentence if unjust to do so

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Person cannot be interviewed even if under influence of alcohol, provided they’re able to appreciate the significance of the questions and their answers

True or false?

False

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What is a ‘special warning’?

Police give clear warning that if they stay slient, but speak in court, inferences may be drawn

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If you’re not given Special warning about potential consequences of failure to account for something during interview, no inferences can be drawn under s36(4) CJPOA 1994

True or false?

True

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If not being adduced for the purpose of proving them to be true, then not hearsay

True or false?

True

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Can be granted bail if charged with rape and manslaughter but not murder or treason

True or false?

True

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Judge can insist prosecution add a further count but can direct the jury

True or false

False

Juvenille can elect CC trial

True or false?

False

Young person can be sent to CC for an offence linked with an adult but can also be sent to mags if second offence is summary only

True or false

True

If i commit 2 offences, one is summary offence and the other is either way offence - which court will I be tried in?

If the either-way offence is more serious: The court will first consider where the either-way offence should be tried. If the Magistrates’ Court decides to keep the case, it may try both offences together.

If the case is sent to the Crown Court: If the either-way offense is sent to the Crown Court (either because the Magistrates’ Court deems it too serious for their level, or the defendant elects a Crown Court trial), both the summary and the either-way offences can be tried together in the Crown Court.

If the either-way offence is tried in the Magistrates’ Court, both offences will likely be tried there.

If the either-way offence is sent to the Crown Court, both offences will be tried in the Crown Court.

What is a mixed statement?

Part confession and part exculpation

Meaning of exculpatory?

Information that justifies the offence. The information absolves the defendants guilt.

Meaning of Inculpatory?

Information that shows the defendant is guilty. Incriminating information.

Meaning of residence requirement?

Person has to live in a certain place for a specific amount of time for certain legal actions to apply e.g. specific address as condition of bail.

Meaning of exclusion requirment?

Prohibits you from entering a specific area

Must have at least 10 jurors agree for majoirty verdict. Majority direction can be given at any time after 2 hours and 10 minutes have passed. True or false?

True

Can only assess guilt on the charge before them. Court can't convict you on lesser offence if the charge doesn't allow it e.g. theft and dangerous driving allow for lesser offences True or false?

True

Mags only have power to commit one or more either-way offences to CC for sentence, not 'any' offence True or false?

True

Notice of application for leave to appeal against conviction must be lodged within .... of conviction: A. 14 days B. 21 Days C. 28 Days

C. 28 days

Hearsay s.114(1)(d) - interest of justice for it to be admissible

Victim personal statement not mandatory. VPS gives victim opportunity to explain how the crime has affected them. True or false?

True

s.142(2) is what?

Slip rule - power to rectify mistakes

Consequence for breaching community order?

Adjust terms of original order, revoke original order and re-sentence for the original sentence

Consequences for breach of tag conditions?

Taken back to court or prison

Consequences for not paying court fine?

Take money from your wages/benefits or; send the baliffs

Adult can pick mags or CC for either way offence only True or false?

True

What is a good character direction?

If judge decides a person is of effective good character, the judge must give both limbs of the direction (credibility and propensity), modified as necessary to reflect the other matters and thereby ensure the jury is not misled

s78 PACE?

Exclusion of evidence on the ground of unfairness

s76 PACE?

Confession can be excluded if court believes it was obtained in a way that makes it unreliable e.g. Oppression

Young person cannot elect which court True or false?

True

Either way offence - youth court decides which court, not the young person True or false?

True

Young person charged with adult - both go to CC True or false?

True

Can be tried in mags for 1 offence and the CC for other e.g. summary + indictable offence True or false?

True

Unanimous verdict meaning?

All agree - majority: 10 jurors agree

Totality principle meaning?

Requires the court, when sentencing an offender for more than 1 offence, to impose a total senentece which reflects the overall criminality and is just and proportionate