Criminal Flashcards

Question

What is the meaning of 'intention to permanently deprive'?

Answer 1

Includes, to dispose of (e.g. rendering property useless, using for ransom), treating it in manner which risks its loss, and more than 'dealing with' it Still intention where they aim to replace it with equivalent property e.g. notes and coins

Answer 2

Actus Reus: actus reus of theft; force on any person; use or threat of force immediately before or at the time of stealing Mens Rea: mens rea of theft; intent to use force to steal

Answer 3

1. Uses force (doesn't require violence & can be applied through property) 2. Puts a person in fear of being then and there subject to force (no need to apply physical force) 3. Seeks put a person in fear of being then and there subjected to force (even if that person isn't aware)

Answer 4

S9(1)(a): burglary committed on entry, no need to commit ulterior offence S9(1)(b): burglary committed on commission or attempted commission of offence

Answer 5

Actus Reus: enter a building or part of a building as a trespasser Mens Rea: knowing or being reckless as to entry as a trespasser; at the time of entry D intended to: - steal - inflict GBH - damage unlawfully

Answer 6

Without consent In excess of authority

Answer 7

Must have actually done one of the following: - Stole - Attempted to steal (if this or stole, must prove actus reus and mens rea elements of theft/attempted theft) - Inflict GBH - Attempted to inflict GBH

Answer 8

1. Commits any burglary 2. Has with him at the time any firearm or imitation firearm, weapon of offence, or explosive

Answer 9

Amy article made or adapted for use for causing injury to or incapacitating a person, or intended for such use

Answer 10

Actus Reus: destroy or damage property belonging to another without lawful excuse Mens Rea: intention or recklessness

Answer 11

Actus Reus: destroy or damage (by fire for arson) property belonging to another without lawful excuse Mens Rea: intention or recklessness as to destruction/damage; intention or recklessness as to endangerment of life by the damage or destruction

Answer 12

Actus Reus: unlawful killing (factual & legal causation) of a human being under Queen's Peace Mens Rea: intention to kill or cause GBH

Answer 13

If D is intoxicated, or loss of control or diminished responsibility defences are present

Answer 14

Unlawful act: kills someone while committing an unlawful act (but no mens rea for murder) Gross negligence: D breached DoC to V causing death

Answer 15

1. D intentionally (voluntarily) did an act 2. Act was unlawful: criminal act, intrinsically unlawful, an act rather than an omission 3. Unlawful act was danger: what a sober & reasonable person would appreciate 4. Unlawful act caused death of victim: factual & legal causation

Answer 16

1. Existence of a DoC 2. Breach of that DoC (act or omission) 3. Breach caused death (factual & legal) 4. Risk of death (obvious & serious risk of death, not injury/serious injury) 5. Breach was so bad as to amount to gross negligence (amounts to criminal act or omission)

Answer 17

AR: express or implied representation, as to fact, law or state of mind, which is untrue or misleading MR: dishonesty, mens rea for false statement, intention to make a gain or cause a loss

Answer 18

Yes - can be held to be deceiving a machine by falsely representing e.g. for an ATM, that you are entitled to withdraw that money

Answer 19

1. D's knowledge and belief as to facts 2. Given that, were they dishonest by standards of ordinary, decent people?

Answer 20

Intent or recklessness

Answer 21

Generally held that a person can charge whatever sum they consider appropriate But in circumstances of mutual trust, where a party takes dishonest advantage of the other by representing a fair charge which he knows, but other doesn't is dishonestly excessive

Answer 22

AR: occupies a position in which he's expected to safeguard, or not act against financial interests of another person; abuses that position (uses incorrectly or puts to improper use) MR: dishonesty; intention to make a gain or cause a loss

Answer 23

AR: existence of a legal duty to disclose; failure to disclose MR: dishonesty; intention to make gain or cause loss

Answer 24

Conduct Result: action must lead to specified consequences e.g. murder Circumstances Omissions

Answer 25

Where they are 'free, deliberate and informed'

Answer 26

Only if the second cause is so overwhelming as to make the original wound merely part of the history

Answer 27

Question arises if the escape was foreseeable by reasonable person If not, D entitled to an acquittal as it will break the chain Must be some proportionality between gravity of the threat and the action of the deceased in seeking to escape from it

Answer 28

No - Ds must take victims as they find them, in mind and body

Answer 29

If they are extraordinary and not reasonably foreseeable

Answer 30

If the injuries inflicted by D have healed but victim goes on to commit suicide If it was a voluntary and informed decision of the victim e.g. a person who supplies a drug to another has not caused that drug to be administered if V injects it

Answer 31

V nonetheless dies from original wound If act was reasonably foreseeable The D's unlawful act was a significant and operation cause of death, and at time of attack, it was reasonably foreseeable that the V would die by suicide as a result of their injuries

Answer 32

D can't be criminally liable for a failure to act 1. Crime is capable of being committed by an omission 2. D was under a legal duty to act 3. D breached that duty 4. Breach caused the actus reus of offence to occur 5. Should the offence so require, D had required mens rea

Answer 33

Statute Special relationship (e.g. doctors & patients, parents and children, spouses) Voluntary assumption Contractual D creates a dangerous situation Public office

Answer 34

Intention: direct (wholly subjective) or indirect/oblique Recklessness: somebody takes an unjustifiable risk, aware of the danger that the prohibited harm may occur Knowledge and belief dishonesty Negligence

Answer 35

Consequence is not the D's purpose but a side effect that D accepts as an inevitable or certain accompaniment to D's direct intention Only used in rare circumstances, when intention is only form of mens rea

Answer 36

D must have the relevant mens rea for offence at precise moment when D commits the actus reus

Answer 37

D's mens rea is transferred from the intended harm to the actual harm Both offences must have the same mens rea!

Answer 38

Where D makes a mistake, effect on criminal liability will depend on type of mistake Ignorance of the law won't prevent criminal liability but if meas rea is not fulfilled, can escape criminal liability

Answer 39

Continuing Act Theory: if they form MR for offence at some point during committing AR One Transaction Principle: court sometimes categories actions of accused as series of acts

Answer 40

A way to negate the mens rea of an offence An influencing factor on another legal principle/defence

Answer 41

If taken involuntarily If intoxication caused by drugs taken voluntarily, but in bona fide pursuance of medical treatment Where intoxication caused by non-dangerous drugs taken voluntarily Where specific intent is necessary (i.e. offence can't be committed recklessly)

Answer 42

Where D is aware they're drinking alcohol but mistaken as to its strength

Answer 43

1. Is intoxication voluntary or involuntary? 2. Was it dangerous drugs/alcohol or non-dangerous drugs? 3. Was it a basic or specific intent crime?

Answer 44

Yes: ask if D still formed the necessary mens rea?

Answer 45

Less likely: ask would D have formed the mens rea if sober

Answer 46

D cannot rely on a drunken mistake as to need for self-defence

Answer 47

Loss of control defence cannot be approached with reference to intoxication But, if D is taunted as to his intoxication, can take it into account when consider gravity of qualifying trigger If D is addicted, this characteristic given to normal person test but normal person still has normal levels of tolerance/self-restraint and is sober

Answer 48

Depends on if the intoxication is: a) independent of abnormality b) as a result of ADS

Answer 49

If despite intoxication, a) he was suffering from mental abnormality and b) his mental abnormality substantially impaired his mental responsibility

Answer 50

Whether ADS was a significant factor in leading D to consume the alcohol, even if there was an element of choice If it was, D's responsibility was impaired Attempts to rely on voluntary/temporary drunkenness even if based on habitual binge drinking, is not sufficient

Answer 51

Imminent attack of physical force (not a threat to one's peace of mind)

Answer 52

1. D honestly believed use of force was necessary 2. Level of force D used was objectively reasonable in the circumstances as D believed them to be

Answer 53

A complete defence against all crimes

Answer 54

Yes to prevent a crime being committed by someone else or to protect themselves

Answer 55

1. D honestly believed use of force was necessary 2. Level of force used was objectively reasonable in the circumstances as D believed them to be: - Non-Householder Cases: not reasonable if disproportionate - Householder Cases: not reasonable if grossly disproportionate: (i) was force grossly disprop in circumstances as D believed them to be (ii) whether level of force was reasonable

Answer 56

The prosecution: they must disprove, beyond reasonable doubt, that the D was acting under a loss of control

Answer 57

D must have lost self-control Due to fear and/or anger qualifying trigger A normal person might have acted in a similar way

Answer 58

In an act of 'considered desire for revenge' As an excuse to use violence If the thing said/done constituted sexual infidelity and it's the sole qualifying trigger If the D is charged with attempted murder

Answer 59

Loss of Chance: burden on prosecution to disprove it once defence raises it; standard is beyond reasonable doubt Diminished Responsibility: burden on defence to prove on balance of probabilities that D was acting under diminished responsibility

Answer 60

1. Abnormality of mental functioning 2. Must arise from undiagnosed recognised medical condition 3. Must have substantially impaired D's ability to understand the nature of C's conduct, form a rational judgement and/or exercise self-control 4. Abnormality must provide an explanation for D's conduct - there's a causal link

Answer 61

Person who, with appropriate mens rea, commits the actus reus Can have more than 1

Answer 62

Where the person who performs the actus reus is not the principal

Answer 63

Where secondary party changes their mind Must do sth to unequivocally communicate withdrawal before act of assistance - can't just change mind In acts of spontaneous violence, test is less onerous

Answer 64

Where the principal has been acquitted due to insufficient evidence or principal couldn't be found but it's clear someone committed the offence to which D was a secondary party Or where principal did it but has a defence

Answer 65

Both must be acquitted Exception: if it can be proved that the one who did not commit the crime as the principal was a secondary party to the crime, both can be convicted

Answer 66

No But it is an offence to be an accessory to an attempt to commit an offence

Answer 67

Aid: give help, support or assistance Abet: incite, instigate or encourage Counsel: give advice or encourage Procure: produce by endeavour Party to a Joint Enterprise: 2 or more people committing crime together

Answer 68

Giving help, support or assistance Can be before or during commission of offence No need for causation or consensus

Answer 69

Instigating, inciting or encourage a crime Must be at time offence is being committed No need for causal link but must be communication Mere presence at scene doesn't count If they deliberately refrain from controlling P's actions when they have a right/duty to do so, can count

Answer 70

Giving advice or encouragement No need for causal link but must be contact between the parties and the counselling must have connection with offence

Answer 71

Produce by endeavour Must be causal link between D's act and commission of offence (only one where causation is needed)

Answer 72

Where 2 Ds have common intention to commit crime A As an incident of committing crime A, one of the Ds commits crime B

Answer 73

1. No need to show the D who didn't do crime B aided or encouraged the offence; just that they were party and had relevant mens rea as an accessory 2. Crime B must be committed in course of crime A 3. Party isn't liable for offences committed before they join JE

Answer 74

1. Intention to assist or encourage the principal's conduct 2. If crime requires mens rea, an intention that the principal does actus reus with necessary mens rea (not for procuring) 3. Knowledge of existing facts/circumstances necessary (don't need exact details but must know type of crime)

Answer 75

Where D hasn't completed a crime but has taken enough steps that the behaviour becomes criminal

Answer 76

No - inchoate offence occurs once you have taken steps to do so

Answer 77

AR: act more than merely preparatory MR: intention to commit full offence - must be intention! Not recklessness

Answer 78

Where accused believes that what they are doing is an offence, but it's actually lawful It is a valid defence

Answer 79

D adopts/seeks to adopt a method that can't work Not a valid defence

Answer 80

Usually, person must be taken to a police station as soon as practicable Exceptions: where presence at place other than police station is necessary to carry out such investigations as is reasonable to carry out immediately e.g. being searched, taken to premises being searched

Answer 81

Any police station Unless it's anticipated that they'll be there for more than 6 hours, in which case, they must be taken to a designated police station

Answer 82

Where a person arrested can be granted bail to attend a police station at a later date

Answer 83

Detainee sees the custody officer who must authorise continued detention Detainee will be informed of their rights If detainee requests, they'll speak to a solicitor Detainee may be interviewed

Answer 84

They may be released under investigation or go on police bail May be charged and released on police bail to appear at MC at a later date May be charged and remanded in police custody to appear at the MC on the following day

Answer 85

Responsible for the handling and welfare of suspects in detention at the police station

Answer 86

Must be a police officer of the rank of at least sergeant Must be unrelated to the process of the investigation of the offence

Answer 87

Authorise detention of the person arrested Must order the release of the detainee if they become aware that the grounds for detention have ceased to exist They will determine whether there's sufficient evidence to charge the detainee, if not they must be released unless reasonable ground for believing detention is necessary

Answer 88

Reasonable grounds for believing detention is necessary to: - Secure or preserve evidence, or - Obtain such evidence by questioning

Answer 89

Authorise detention Open a custody record Inform detainee of the reason for their arrest Inform detainee of the reason for their detention Advise the detainee of their rights

Answer 90

Conduct a risk assessment procedure for each detainee Make special arrangements, if necessary, for detainees who may be physically or mentally incapacitated Arranging for interpreters if necessary Dealing with detainee's property Contacting healthcare professionals if necessary

Answer 91

Their role may be performed by another officer, but that officer must not normally be involved in the investigation of an offence for which the person is in detention

Answer 92

A record opened as soon as practicable for any detainee including info on: - Requirement to inform person of reason of their arrest - Circumstances of the arrest - Why the arrest was necessary - Any comments made by the arrest person

Answer 93

The solicitor attending the police station as it contains everything that has happened to, been said to, or been said by the detainee

Answer 94

Right to consult a solicitor and to free independent legal advice Right to have someone informed of their arrest Right to consult the Codes of Practice Right to an appropriate adult and/or interpreter if necessary - Can be exercised at any stage during custody

Answer 95

In the custody record - notes any response made by the suspect

Answer 96

Where a custody officer determines that a suspect requires an interpreter, the suspect mustn't be interviewed without one unless authorisation is given by an officer of the rank of superintendent or above whose satisfied that delaying the interview will lead to: - interference/harm to evidence - interference with/physical harm to others - serious loss of, or damage to, property

Answer 97

Immediately before: - the commencement or recommencement of an interview - being asked to provide an intimate sample - an intimate drug search - an identification parade or video identification procedure

Answer 98

If legal advice is declined, should be noted on the custody record Where legal advice is sought, must be provided as soon as practicable Police should usually wait solicitor's arrival before starting an interview Nothing should be done to dissuade the suspect from obtaining legal advice If a detained person initially declined legal advice but later changes their mind, the interview should cease and recommence once the detainee has exercised this right

Answer 99

Yes Up to a max of 36 hours

Answer 100

Restrictions are imposed on the drawing of adverse inferences at court

Answer 101

1. Person must be in detention for an indictable offence 2. Authority granted in writing by police officer of at least rank of superintendent 3. Superintendent has reasonable grounds to believe that the exercise of the right will lead to any of: - Interference with/harm to evidence - Interference with/harm to others - Alerting of other people suspect but not yet arrested - Hinder recover of property

Answer 102

Not usually - suspect must be allowed to choose an alternative solicitor

Answer 103

Detainee has right to have a friend, relative or other person told that they are under arrest It is at public expense Can be exercised every time the suspect is taken to a different police station

Answer 104

Yes - up to max of 36 hours

Answer 105

1. Person must be in detention for indictable offence 2. Authority granted in writing by at least rank of inspector 3. Inspector has reasonable grounds it will lead to: - Interference with/harm to evidence - Interference with/harm to others - Alerting other people suspected but not yet arrested - Hinder recovery of property

Answer 106

If the detainee detained for indictable offence and has benefitted from their criminal conduct

Answer 107

Constable Sergeant Inspector Chief Inspector Superintendent Chief Superintendent 3 variation of Chief Constables

Answer 108

Carried out during a suspect's detention, where a review officer must be satisfied that detention is still necessary

Answer 109

Must be at least rank of inspector, not connected to investigation, and not the custody officer

Answer 110

1st: not more than 6 hours after detention first authorised by CO Then periodically, every 9 hours thereafter At time of review, detainee must be reminded of their right to free legal advice, and given right to make representations unless unfit or asleep at time of review

Answer 111

24 hours from the time the suspect arrives at the police station (indicated by custody record) - NOT the same as time detention authorised

Answer 112

Can be extended for a further 12 hours, so max of 36 hours from relevant time

Answer 113

1. An officer of at least rank of superintendent authorises continued detention 2. The officer has reasonable grounds for believing detention is necessary to secure or preserve evidence, or obtain evidence by questioning 3. Offence must be an indictable offence 4. Investigation must be being conducted diligently and expeditiously

Answer 114

Before the expiry of the initial 24 hours but after the 2nd review

Answer 115

Apply to MC for a warrant of further detention The warrant may authorise it for a further 36 hours on firs application, and another 36 hours on 2nd Max of 96 hours Same criteria apply (replace officer with MC)

Answer 116

Where a witness has seen a person committing a crime and there's a reasonable chance they could pick them out (unless exceptions apply)

Answer 117

Where an offence has been witnessed and an eye witness: - Has identified a suspect or purported to have identified them; or - Is available who expresses an ability to identify the subject; or - Has a reasonable chance of being able to identify that subject Or where the suspect disputes being the person the eye-witness claims to have seen

Answer 118

If it's not practicable or would serve no useful purpose in proving or disproving the suspect was involved

Answer 119

DNA Telephone Fingerprint Testimony from witness

Answer 120

Mere description of clothing/vehicle The suspect has a connection to a particular place or others at the scene A description of the subject

Answer 121

Video identification Identification parade Group identification

Answer 122

An officer not below inspector and who isn't involved with the investigation

Answer 123

Video identification If it's not practicable or an identification parade is more suitable Also if the suspect refuses

Answer 124

At last resort and if all other procedures have been considered and refused

Answer 125

Either with suspect's consent and co-operation, or covertly without their consent

Answer 126

To exclude evidence obtained in breach of the code This is not automatic but identification usually excluded when important safeguards have been flouted

Answer 127

Whether there's been any significant prejudice to the accused If so, if the evidence would have such an adverse effect on the fairness of proceedings that the court ought not to admit it

Answer 128

Defence advocates can still comment on the breach in their closing speech Trial judge should draw jury's attention to the breach Jury should assess whether in their estimation the breaches were such as to cause them to have doubts about the safety of the identification

Answer 129

Covert procedure will be used without their consent Adverse inferences

Answer 130

1. Answer questions 2. Don't answer questions ('no comment') 3. Provide a written statement and 'go no comment'

Answer 131

Amount of disclosure Admissibility and strength of evidence (both that you are aware of or that might become available) Client's account/instructions The state of your client Significant statements Possible adverse inferences

Answer 132

Adverse inferences Losing credibility

Answer 133

S34: a fact later relied upon at trial and would have been reasonable to have mentioned it at interview, bearing in mind all the circumstances at the time S36: failure to account for mark, object or substance S37L failure to account for presence at the scene

Answer 134

Every suspect has right to not answer questions in a police interview Court may draw adverse inferences

Answer 135

If the suspect wasn't cautioned

Answer 136

Undermines their defence

Answer 137

D must be given a special warning

Answer 138

Where the suspect hasn't been allowed access to legal advice

Answer 139

If the D has a trial

Answer 140

Using a prepared written statement at interview setting out defence But it can still attract adverse inferences and client will still have to answer 'no comment' to questions

Answer 141

Stating 'no comment' to some questions and answering others It's not a valid option in interview

Answer 142

Under caution (and should be cautioned again if there's a break in the interview'

Answer 143

A police officer of any rank

Answer 144

At a police station or other authorised place of detention subject to exceptions where delay would lead to undesirable consequences

Answer 145

Must see the custody record and if given, a significant statement Before interview, they must be given sufficient info to understand the nature of such offence and why they are suspected of committing it But otherwise, no general right to disclosure

Answer 146

General Rule: all interviews must be contemporaneously recorded and interviews under caution for any indictable offence must be audio records Exception: can be recorded in writing where person hasn't been arrested, takes place somewhere other than a police station, relates to some minor offences

Answer 147

If they can't appreciate the significance of the questions asked and their answers, or They can't understand what's happening due to drink, drugs, illness etc

Answer 148

An officer of rank superintendent

Answer 149

Obtain pre-interview disclosure Privately consult with client to discuss the case and advise them on options for interview

Answer 150

Protect and advance the legal rights of their client Actively defence and promote their client's interests

Answer 151

Info/evidence is referred to/produced that was not disclosed prior Clarification for any matter Inappropriate questioning or behaviour Further advice to client A break is required Other circumstances

Answer 152

Misrepresenting information Hypothetical or repetitive questioning Disruptive listening

Answer 153

A person under influence of drink or drugs

Answer 154

At the beginning of their detention, custody officer undertakes a risk assessment to identify whether they are If so, they are provided with access to an appropriate adult who is informed by custody officer on info regarding detention

Answer 155

Person is treated as such until clear evidence to the contrary Officer should make reasonable enquiries and record such info

Answer 156

1. If a person is, or appears to be, under 18 2. Anyone whom a police officer suspects or has been told in good faith may be mentally disordered/vulnerable I.e. where a person is vulenrable

Answer 157

Parent/guardian Representative of care authority or social worker Failing these, anyone aged 18 or over who isn't a police officer/employee

Answer 158

Parent/Guardian Relative Someone with experience in dealing with such persons Failing these, anyone over 18 not a police officer/employee

Answer 159

A solicitor/legal rep attending police station for the suspect Someone: - Suspected of involvement - Is the victim or witness to the offence - Involved in the investigation - Whose received admissions from detainee before acting as AA - Of low IQ and can't appreciate gravity of situation - An estranged parent, whom arrested juvenile specifically objects to

Answer 160

Ensure detainee understand what's happening and why Support, advise and assist Observe whether police are acting properly and intervene if not Assist with communication Ensure detainee understands rights

Answer 161

Yes - but the detainee doesn't have to see the solicitor if they don't want to

Answer 162

Detainee shouldn't be interviewed or asked to prove a witness statement unless delay would lead to usual undesirable consequences - see notes

Answer 163

It's urgent and superintendent or above is satisfied that it wouldn't significantly harm the person's physical/mental state, and delay wouldn't lead to usual undesirable consequences

Answer 164

Prosecution present objections to bail, due to presumption in favour of bail

Answer 165

Those appealing their conviction or sentence To Ds being committed for sentence from MC to Crown Court

Answer 166

Indictable cases Summary Cases, Imprisonable Summary Non-Imprisonable

Answer 167

Are there 'substantial grounds' for believing that D would: a) Fail to attend a subsequent hearing b) Commit further offences on bail; and/or c) Interfere with witnesses, or otherwise obstruct course of justice

Answer 168

The fears of the behaviour happening have substance and merit

Answer 169

Where there are no real prospects of the D receiving a custodial sentence

Answer 170

Only available if a D, having been given bail, breaches a condition in these proceedings, or has a conviction for 'failing to surrender' in their past

Answer 171

a) remand in custody would be for D's own protection b) court has insufficient info to deal with issue of bail, and remands in custody for a short period would produce such evidence c) D is already serving a sentence in custody If one of these 3 conditions exist, D need not be granted bail

Answer 172

A duty to surrender to custody, by attending court at time and date specified

Answer 173

Relevant, proportionate and enforceable

Answer 174

Yes By either party on advance notice to the other party Application should be made to court which granted bail

Answer 175

Defence, once prosecution objection to bail has been raised

Answer 176

56 days for trials in MC of summary only or either way offences 182 days for Crown Court rials of indicatable only or either way offences, less any days spent in custody prior to case being sent to Crown Court

Answer 177

Before the expiry of the custody time limit

Answer 178

D is released, unless prosecution applies to extend time limits, showing they have acted with 'all due diligence and expidition' and there's 'good and sufficient cause' to have D further remanded into custody

Answer 179

A D who is having a trial in MC can have 2 attempts at getting bail at MC and one attempt on appeal to Crown Court A D whose trial is in Crown Court has 1 attempt at first hearing at MC (unless charged with murder) and a further application in Crown

Answer 180

Must have opposed bail originally

Answer 181

An arrestable offence Not a criminal one!

Answer 182

Could be arrested and D at risk of either having conditions tightened or being remanded in custody

Answer 183

Failing, without reasonable cause, to surrender to custody

Answer 184

If prosecutor anticipates a guilty plea likely to be sentence in MC, within 14 days of being charged Where D anticipated to plead not guilty, or likely to go to Crown Court for trial or sentence, within 28 days of being charged

Answer 185

Yes If they don't, court will consider if they can proceed with hearing anyway

Answer 186

Must serve initial details on court officer as soon as practicable, in any event, no later than beginning of day of first hearing

Answer 187

Court adjourns first hearing and/or awards costs to defence

Answer 188

Wher ethe court decides its sentencing powers are insufficient , D committed for sentence to the Crown Court

Answer 189

Where a D is charged with an offence that is to be tried in Crown Court and there is a summary-only offence connected to the indictable offence

Answer 190

Legal aid - merits and means test

Answer 191

At a first hearing, when the offence is one which is triable either-way, D is asked to indicate their plea

Answer 192

Indicate guilty Indicate not guilty Give no indication - treated as not guilty indication

Answer 193

Unequivocal - if not, treated as a not guilty plea

Answer 194

Proceed to sentence, either in MC or Crown Court MC must consider if they have sufficient sentencing powers

Answer 195

6 months imprisonment: summary only offences 12 months imprisonment: either way offence

Answer 196

Acquittal rate is higher in Crown Court Use of the jury can be advantageous But is more complex, formal and expensive than MC

Answer 197

Court has insufficient sentencing powers For reasons of unusual legal, procedural or factual complexity

Answer 198

No, they can be tried by a jury even if court wants to retain jurisdiction

Answer 199

An indication of sentence Court can decline this but if they do, is confined to telling them if custodial or non-custodial

Answer 200

The process followed will be as if they had pleaded guilty from the outset

Answer 201

If the D changes his plea in light of the indication

Answer 202

When damage is over £5,000 or was caused by fire If £5,00 or less, it's summary only

Answer 203

Should be sent directly to Crown Court

Answer 204

At first hearing At a hearing on a date after first hearing and before trial date On day of trial itself before trial starts

Answer 205

At least one hearing in Crown Court will be had, the PTPH

Answer 206

Case management issues A case management form will be expected to have been completed before first hearing commences

Answer 207

Main and often only, pre-trial Crown Court hearing Parties are required to fill in a PTPH form in advance

Answer 208

At the plea stage, the indictment is put to D and they enter a plea of guilty or not guilty to each count on the indictment

Answer 209

No plea is taken Court must hold a trial with jury to determine if D committed the act (actus reus, not the mens rea)

Answer 210

Trial Date Prosecution evidence Expert evidence Witness requirements

Answer 211

Applications to exclude evidence or introduce otherwise inadmissible evidence

Answer 212

Arrangements put in place to assist witnesses in giving evidence before a court Can be for children, the vulnerable and those in fear or distress about testifying

Answer 213

Witnesses who are eligible for special measures due to being in fear

Answer 214

All witnesses aged under 18 at time of trial automatically eligible Those with mental disorders or physical disability where court considers that the quality of their evidence will be diminished Those in fear or distress All adult complainants of sexual offences or serious offences such as homicide

Answer 215

It would be in the interests of justice and 'live link' would improve the quality of the Ds evidence

Answer 216

Court has power to direct a vunerable D be assisted by an intermediary to help D understand what is going on Their role is to assist communication of evidence Can also be used to assist witnesses

Answer 217

Where prosecution or defence ask the court to secure the attendance of witnesses where a witness isn't keen to be one

Answer 218

1. Witness likely to be able to give material evidence 2. It's in interests of justice to issue sommons

Answer 219

Court can issue a warrant for the arrest of the witness Failure to do so by summons can be punishable as contempt of court

Answer 220

At any time before jury return their verdict Must ask that 'indictment be put again'

Answer 221

Much more difficult but any time before they are sentenced, they can apply to court for leave to change their plea Where a D was represented properly, a court would reject it and allow them to enter a fresh not guilty plea

Answer 222

They must disclose to accused any prosecution material not previously disclose and which might reasonably be considered capable of undermining the case or assisting, or Give a written statement to accused that there is no material of a description of above

Answer 223

Prosecution serve initial details of prosecution case (used material) no later than beginning of day of first hearing that are sufficient

Answer 224

MC: when D pleads not guilty and case adjourned for summary trial Crown: when D is sent for trial or Voluntary Bill of Indictment preferred against a D

Answer 225

28 days after sending

Answer 226

Witnesses' name, address and DOB Any info in accused's possession which might be of material assistance in identifying/finding any such witness

Answer 227

Only in the Crown Court - must be served on prosecution and court within 28 days of date prosecution complies with its duty of initial disclosure Can be extended but application must be made within time limit and must be reasonable If D chooses to do so in MC, must be done within 10 days

Answer 228

Make an application for specific disclosure

Answer 229

Within 10 business days for MC, and 28 days for Crown Court, of prosecution complying with initial disclosure

Answer 230

Jury may draw such adverse inferences as appear proper Judge can warn D that failure to comply can lead to comment being made or adverse inferences drawn Prosecutors should challenge lack of, or inadequate, defence statements in writing, and seek directions from the court

Answer 231

No, as there is no duty to do so

Answer 232

D can make an application where it has reasonable cause to believe there's prosecution material which should've been disclosed and has not been D must have served a defence statement - Seen as last resort: discussion and co-operation is encouraged

Answer 233

10 business days

Answer 234

D could bring application to stay indictment on grounds that it would be an abuse of process to continue Conviction could be quashed on appeal due to being unsafe Likely to result in delay and wasted costs Could result in exclusion of evidence due to unfairness

Answer 235

Seek a summons

Answer 236

Circumstances where prosecution under duty to disclose material to defence but don't want to as they believe it would give rise to a real risk of serious prejudice to an important public interest Must apply to judge for non-disclosure in public interest Should be recorded at investigation stage in Sensitive Material Schedule

Answer 237

Where facts are generally and widely known, formal proof isn't required Judge permitted to take judicial notice of a fact 'on enquiry'

Answer 238

No - they should let court know and judge can deal with it

Answer 239

Direct: evidence a witness gives of having had direct experience of a matter in issue Circumstantial: evidence from which facts are inferred

Answer 240

When juries visit a scene of a crime, or leave court to view an object that can't be brought into court - their observations become evidence in the case

Answer 241

Relevant - tends to prove or disprove a fact

Answer 242

MC: Magistrates both Crown Court: jury = fact, judge = law

Answer 243

Tribunal of law

Answer 244

'So that you are sure of guilt' i.e. beyond reasonable doubt

Answer 245

Legal: requirement to prove an element of your case to a prescribed standard Evidential: burden to raise some evidence to satisfy the judge that the matter should be argued

Answer 246

When a case against the accused depends 'wholly or substantially' on the correctness of the visual identification I.e. D picked out in formal ID procedure but still dispute their identification Also in cases of alleged recognition

Answer 247

Unlikely to be but each case turns on its own facts

Answer 248

Instruct jury as to reason for need for such a warning Direct jury to examine circumstances in which identification came to be made Remind jury of any specific weaknesses in the identification evidence

Answer 249

They must examine its state at the close of the prosecution case and stop the case if it's poor and unsupported

Answer 250

1. Quality of ID evidence 2. Any other evidence to support correctness of ID?

Answer 251

Jury can be left to assess value of identifying evidence, regardless of whether there is evidence to support it Must be an adequate warning given about the special need for caution

Answer 252

Judge should consider whether there's other evidence to support it If not, judge should withdraw the case and direct an acquittal If there is, judge can leave it to be assessed

Answer 253

Identification of D by witness for 1st time in court - exceptional and rare; highly prejudicial

Answer 254

It's not admissible (there are exceptions)

Answer 255

1. Is there good reason to admit the evidence 2. Can evidence be shown to be reliable 3. Extent to which counterbalancing measures have been properly applied

Answer 256

All parties agree Court is satisfied it's in the interests of justice

Answer 257

1. Identify what relevant fact it's sought to prove 2. Ask whether there's a statement of that matter in the communication (if not, no question of hearsay) 3. If yes, was it one of the purposes of the maker of the communication that the recipient, or someone else, should believe that as true If yes = hearsay

Answer 258

Private diary CCTV Questiosn

Answer 259

1. Original Evidence: purpose of party adducing evidence is to show words were spoken, not that they were true 2. To show effect of words on the person to whom they were said, not their truth 3. Legally significant words 4. Falsehoods: where a party adduces evidence of what was said out of court while asserting it's not true - not hearsay

Answer 260

Witness is unavailable (for good reason) It's a business document (incl medical records and any statement written down by a police officer in course of duty) It's in the interests of justice

Answer 261

Refers to their ability to give evidence AT COURT (not their ability to attend) e.g. victim of sexual assault

Answer 262

If it's satisfied that the statement's reliability is doubtful (contents, source of info, way in which info was supplied/received)

Answer 263

1. Public information: e.g. court records, dictionaries, public documents 2. Evidence of Reputation as to Character, to prove character 3. Res Gestae 4. Confessions 5. Statements in furtherance of common enterprise 6. Body of expertise: expert witness can draw on body of expertise

Answer 264

A statement made by person so emotionally overpowered by event that possibility of distortion can be disregarded, accompanied by an act which is evidence only if considered in conjunction with the statement Where res gestae evidence is admitted, it must be made clear to the jury that the must be satisfied that there was no mistake on the part of the witnesses as to what had been said to them

Answer 265

Proves prosueciton with a way to admit evidence of a complainant who doesn't give evidence at trial E.g. what is said by the complainant in a 999 call or to officers immediately after the alleged incident will usually be admissible as res gestae evidence; bodycam footage

Answer 266

A hearsay statement is not admissible to prove the fact that an earlier hearsay statement was made Unless either of the statements are admissible; all parties agree or the court is satisfied that the value of evidence is so high it's in IOJ

Answer 267

Where case depends wholly or partly on hearsay evidence and that evidence is so unconvincing that the D's conviction would be unsafe

Answer 268

Court can exclude hearsay evidence that would otherwise be admissible where the admission of the evidence would result in undue waste of time

Answer 269

Must be reminded that a hearsay statement admitted at trial was not given an oath and not tested in cross-examination Point out risks and advise to scrutinise it Point out limitations on usefulness of particular evidence

Answer 270

Notice served on court and every other party with evidence attached (if not already served) Prosecution must serve notice not more than 20 business days in MC or 10 business days in Crown Court after plea A D must serve notice as soon as reasonably practicable

Answer 271

Must serve an application on the court and every other party as soon as reasonably practicable, and in any event, not more than 10 business days after either: service of notice; service of evidence objected to; D pleads not guilty - whichever is later

Answer 272

Any statement wholly or partly adverse to person who made it, in words or otherwise, to whomever

Answer 273

S76: confession obtained by oppression i.e. torture, inhuman or degrading treatment, use or threat of violence S76: anything said or done (can be omission) at time to render confession unreliable (by someone not the D)

Answer 274

Beyond reasonable doubt, it was not If they can't, must be excluded

Answer 275

1. Advance notification 2. Timing: at a pre-trial hearing or just prior to opening case at trial 3. Voir Dire: hearing where evidence is called as a challenged under s72 and facts on both sides are disputed - judge makes a finding in absence of jury 4. Submissions

Answer 276

Any resulting conviction likely to be quashed

Answer 277

If a factual matter relating to substance of the legal argument requires resolution for argument to proceed If backgrounds facts are agreed and legal argument can be made on agreed factual basis

Answer 278

Relevant and fall within one of the 7 gateways

Answer 279

Agreement: all parties agree it's admisisble Blurts it out: D introduces evidence of own bad character Context: important explanatory evidence (leave of court required) Done it Before i.e. Relevant to important matter in issue between D and P: propensity to commit offences of the kind with which he is charged or be untruthful He did it: Important matter in issue between D and co-defendant False Impression: correcting one (needs leave of court) Gets at witness: D attacks another person's character

Answer 280

They pleaded not guilty Way in which offence was committed involved being untruthful e.g. fraud

Answer 281

MC: no more than 20 business days after D pleads not guilty Crown: not more than 10 business days after D pleads no guilty

Answer 282

As soon as reasonably practicable, and in any event, not more than 10 business days after prosecutor discloses material on which notice is based

Answer 283

No more than 10 business days after service of the notice

Answer 284

Applications for dismissal: pre-trial app to have charges dismissed (for cases sent to Crown Court) Submissions of no case to answer: during trial, after P presented all its evidence S78 and S76 applications to exclude evidence Abuse of process applications: fundamental issue of unfairness or impropriety Applications to exclude evidence under preserved common law provisions

Answer 285

After D sent by MC to Crown Court for trial After D served with evidence relating to offence Before D is arraigned

Answer 286

If it appears that the evidence is not sufficient for D to be properly convicted

Answer 287

Only the D - not prosecution or co-D

Answer 288

Whether the admission of evidence would have such an adverse effect on fairness of proceedings that court ought not to admit it

Answer 289

Yes - D can rely on a significant and substantial breach of the code e.g. to exclude evidence under s78

Answer 290

Before trial At commencement of trial Prior to prosecution seeking to admit the evidence which the D wish to be excluded

Answer 291

Circuit Judges: Your Honour Recorders: Your Honour (barristers/solicitors who sit as part-time judges) High Court Judges: My Lord, My Lady

Answer 292

1. Legal Arguments (just prior to commencement of jury trial) 2. Jury Selection & swearing in jury 3. Judge's preliminary instructions to jury 4. Prosecution opening speech 5. Defence identify matters in issue 6. Prosecution evidence 7. Conclusion of Prosectuon Case 8. Submission of no case to answer if necessary 9. Right to give evidence & adverse inferences 10. Defence opening speech & evidence 11. Legal discussions 12. Closing speeches 13. Judge's summing up 14. Jury bailiffs sworn and jury retire 15. Verdict

Answer 293

Allows a majority verdict to be given by a jury after they've deliberated for at least 2 hours Shouldn't be accepted unless jury have had such time for deliberation as court thinks reasonable for the case

Answer 294

Contempt of court

Answer 295

Non-leading (apart from on issues not in dispute or where witness is deemed hostile) Evidence adduced from a leading question may be seen as inadmissible or to carry less weight

Answer 296

Can ask leading and non-leading questions

Answer 297

Police witness statements are hearsay and generally not admissible But can become admissible if witness in box departs materially from the statement - minor discrepancies should be expected though

Answer 298

Upsetting a witness shouldn't be done gratuitously and should never be done unless serves a clear and useful purpose Judge can determine if a matter has been sufficiently explore and put time limits Questions about victim's general promiscuity/sexual behaviour not allowed without leave of court

Answer 299

Whether witness is permitted to give evidence to court - they are if. person can lawfully be called to testify

Answer 300

To be a prosecution witness - where there are multiple defendants, none of them can be prosecution witnesses for the others - proceedings must be completed before

Answer 301

1. Understand questions 2. Can give comprehensible answers Age is not determining

Answer 302

As long as they understand the solemnity of taking oath/affirmation - can give evidence using interpreters, writing, sign language etc

Answer 303

D: for prosecution - can give evidence on own behalf but not compelled to do so Children/persons with disability: if they're competent, they are compellable Spouses: can be to give evidence for their partner i.e. D and only for prosecution if partner charged with domestic violence against them, assault to a child under 16, sexual offence against child under 16, or attempts/aids/abets etc any of the above

Answer 304

They can be arrested and if they refuse to answer question, can be held in contempt

Answer 305

To act with integrity: must not mislead/attempt to, your clients, court or others, either by own acts/omissions or allowing in acts/omissions of others

Answer 306

Court can defer sentence for up to 6 months: D allowed this time to prove to court D has changed or offence was a one off

Answer 307

Offence is either-way and court has accepted jurisdiction

Answer 308

Either before PTPH or at any stage or proceedings before jury returns their verdict

Answer 309

To decide on the appropriate sentence: determining the seriousness of an offence and the length of any sentence Every court must follow any relevant sentencing guidelines unless court considers it would not be IOJ to do so

Answer 310

1. Consider D's culpability in committing offence and harm caused, intended to cause or might foreseeable have caused Culpability: blameworthiness - role, level of intention/premeditation and sophistication of planning Harm: assessment of damage caused to V 2. Whether either statutory threshold has been passed to justify imposing a custodial or community factor

Answer 311

When it's of the opinion that the offence, or combination of offences, was so serious that neither a fine alone nor a community sentence is justified Court mustn't make a community order unless it considers the offence(s) was serious enough to warrant the making of such an order

Answer 312

D given credit on sentence if they plead guilty Depends on stage when guilty plea entered

Answer 313

When sentencing for more than one offence, court considers what total sentence should be Must consider whether consecutive or concurrent sentences are more appropriate

Answer 314

Bind-Over: keep the peace for a sum of money that they forfeit if fail to do so Absolute Discharge: lowest form of sentence to MC and Crown - no punishment Conditional Discharge: specified period must be no more than 3 years fines Community Order: required D to comply with requirements to punish and/or rehabilitate a D in the community

Answer 315

Over 18 and offence punishable with imprisonment Must avoid conflict with offender's religion or interference with work/education Have regard to period spent on remand or curfew Must have at least one requirement

Answer 316

Court can send D to prison provided custodial threshold is reached Offence must be so serious that neither a fine or community order can be justified

Answer 317

Immediate imprisonment Prison sentence for defined period

Answer 318

6 months: summary only 12 months: either way Crown Court has unlimited powers subject to statutory maximum for each offence

Answer 319

That period automatically counted towards their sentence Time under curfew may also be counted if electronically monitored but not automatic - will count as half days for each day under curfew

Answer 320

If they failed to comply with Probation Service or any community order requirement, D must be warned on first breach and then if they commit another one within 12 months of warning, breach proceedings instituted If commit another offence during operational period, activate custodial sentence

Answer 321

MC have power to vary a sentence or set aside a conviction if in IOJ to do so Not intended as an alternative avenue for D to reargue case - it's a power to rectify mistakes in law and procedure Most likely to be used where all parties agree there's a mistake

Answer 322

1. Appeal to Crown Court, by way of re-hearing (most common) 2. Appeal to High Court, by way of case stated 3. Application to High Court for JR of decision

Answer 323

Crown Court Notice of appeal lodged within 15 business days of sentence (for conviction or sentence appeal), then served on MC and prosecution If notice served late, must be accompanied by application for extension of time, with reasons

Answer 324

To High Court by way of case stated

Answer 325

High Court for JR

Answer 326

Appellant may abandon thier appeal at any time

Answer 327

Can confirm, reverse or vary decision Remit the matter with its opinion to MC Make any other order court thinks is just

Answer 328

Both prosecution and defence, only after final determination of proceedings at MC Deadline is 21 days from date of decision

Answer 329

Power to rectify mistakes at sentence Judge can vary or rescind a sentence within 56 days of it being made - must be the judge who passed the sentence

Answer 330

Leave require to appeal to CoA Notice must be served within 28 days of conviction or sentence, but can be extended

Answer 331

In exceptional cases, the trial judge may certify the case as 'fit for appeal' If granted, leave is not required but need to comply with rest of appeal procedure

Answer 332

Can renew the application for leae to appeal Must serve the relevant form on CoA within 10 business days of receipt of single judge's decision Will be heard orally by full court

Answer 333

Conviction: appeal allowed only if conviction is unsafe Sentence: appeal allowed if D should have been sentenced differently

Answer 334

CoA directs that some or all of the time spent in prison between date of lodging appeal and date of its dismissal does NOT count towards the appellant's sentence Imposed where application considered to be wholly without merit

Answer 335

Yes if necessary or expedient in IOJ

Answer 336

Parent or guardian unless unreasonnable If 16 or 17, they may require a parent or guardian Any breach by parent amounts to an offence punishable by a fine

Answer 337

Another AA should be appointed

Answer 338

Person responsible for the juvenile's welfare, as soon as practicable AA must also be contacted if not the same person

Answer 339

Youth court for nearly all offences, even indictable only

Answer 340

Generally no, unless offence capable of being a 'grave crime' or charged with an adult for an either-way or indictable-only offence

Answer 341

Youth asked to indicate plea If not guilty, youth court considers whether, if convicted, it would be possible to get more than 2 years custody

Answer 342

If one was an adult, would you get 14 years or more imprisonment, and then on specific facts, would youth get more than 2 years

Answer 343

Start in MC Separate and work out where each one should be tried/sentenced

Answer 344

Start in MC Adult must stay in MC Youth stays with MC for trial Youth remitted back to youth court for sentence

Answer 345

Start in MC Adult goes to Crown Court For youth: - is it grave crime? Yes = Crown Court - if no, apply IOJ test; yes = Crown Court - If no, remit back to youth court for trial

Answer 346

Start in MC Deal with Youth First: - Grave crime? Yes = Crown Court and adult automatically joins - If no, allocation on adult If adult sent/elects to Crown Court, apply IOJ test and if satisfied, youth goes to Crown, if not, Youth Court If MC retains case, youth stays with adult

Answer 347

Goes straight to Crown Court after first hearing - don't need to apply above

Answer 348

Homicide Firearms with mandatory 3 year minimum sentence Serious fraud or child case

Answer 349

Whether separate trials will cause injustice to witnesses or to case as a whole The age of child or young person will be considered, their maturity and age gap between youth and adult Relative culpability Lack of previous findings

Answer 350

The principal aim of youth justice system (prevent offending) Welfare of child/young person

Answer 351

Increase in age can impact max sentence available: 12, 15 or 18 It is age at date of conviction

Answer 352

Detention and training order (custodial) Youth rehabilitation order (non-custodial) - like a community order - offence must be 'serious enough' Referral order (non-custodial)

Answer 353

A youth rehabilitation order or detention and training order

Answer 354

Requires an offender to attend each of the meetings of a youth offender panel and to comply for a period, with a programme of behaviour Min term is 3 months, max is 12 months Leaves youth with clean slate

Answer 355

Young offender's first offence Young offender pleads guilty to an imprisonable offence and any connected offence

Answer 356

May be referred back to youth court who may then revoke it or order to pay a fine or extend length

Answer 357

Take no action IMpose a fine Amend terms Revoke and re-sentence

Answer 358

Only as a last resort as it's custodial - 'so serious that neither a fine/CO can be justified' Only for youths convicted of an offence punishable with imprisonment for an adult

Answer 359

Any offender aged 10 or 11 Anyone aged 12-14 unless they're a persistent offender

Answer 360

Min: 4 months Max: 24 months Consecutive DTOs can be imposed up to aggregate of 24 moths

Answer 361

Term of custodial sentence must be shortest commensurate with seriousness of offence