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SQE2(FLK2) Mind > Criminal > Flashcards

Criminal Flashcards

1
Q

What is the definition of theft?

A

Dishonestly appropriate property with the intention to permanently deprive

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2
Q

What are requirements of robbery?

A

Force/ intimidation - immediately before/ at time
In order to steal

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3
Q

Requirements for robbery?

A

Force / intimidation (immediately before/ at time);
In order to steal

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4
Q

What is the sentence for burglary?

A

10years // 14 if a dwelling house

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5
Q

What are time limits for spent convictions?

A

4 years+ - never spent
30montjs -4yrs - 7yrs
30m - 4 years
6m - 2 years
Community order - 1 year

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6
Q

What is the res getae exception to hearsay?

A

Statements made in contemplation of an event admissible eg A can repeat what B said

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7
Q

When is confession evidence inadmissible?

A

Can show made
A. In oppression
B. Unreliable

Must prove beyond reasonable doubt

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8
Q

What are the steps to challenging admissibility in magistrates and Crown Court?

A

1) C.C - determined by trial judge at a voire dire (no jury)

2) Mag - at the close of prosecution case

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9
Q

What is a newton hearing?

A

Dispute of facts

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10
Q

Where are indictment, either way and summary offences tried?

A

Indictment - Crown court

Either way - mag/ crown court

Summary - magistrates

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11
Q

What is the sentencing power of magistrates court?

A

12months

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12
Q

Where is a case allocated if 2 offences of different pleas?

A

Allocate according to not guilty plea

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13
Q

What happens if plead non guilty?

A

Pre sentence report, plea before venue, allocation

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14
Q

How is work at police station charged?

A

Fixed fee

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15
Q

What is max period of custody before trial?

A

70 or 56 for summary offences

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16
Q

What is s47 offence?

A

Common assault

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17
Q

What is s20 offence?

A

GBH

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18
Q

What is s18 offence

A

GBH with intent

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19
Q

Mens rea for assault?

A

Intend to cause immediate unlawful force or reckless to it

20
Q

Mens rea for GBH?

A

Intend/ reckless to GBH or foresee some harm

21
Q

Mens rea for murder?

A

Malice afterthought - intend to kill or a virtual certainty

22
Q

Two requirements for evidence

A

1- must be relevant
2- must be admissible

23
Q

Who bears standard of proof/ what is standard?

A

Prosecution - beyond reasonable doubt

24
Q

Whos burden to prove if defence of insanity or duress raised?

A

On D to prove

25
Q

3 categories of Turnball guidance

A
  1. Good ID - judge still warn on relying only
  2. Bad(but evidence) - warning
  3. Bad(no evidence) - dismiss and acquit D
26
Q

When can you delay suspects rights to have someone informed/ consult with solicitor?

A
  1. Can only be delayed by superintendent (or inspector if someone informed)
  2. Must be indictable only offence
  3. Max 36hrs

Only if:
Interference/harm/alert others/hinder

27
Q

What is the detention clock?

A

1.24hrs
2. 36hrs (secure evidence, indictable, investigation diligent) - must be authorised by superintendent
3.72hrs - need warrant from magistrates
4.92hrs - further warrant

28
Q

Can an estranged parent be an appropriate adult?

A

No

29
Q

What does superintendent, seargant, and inspector do?

A

Superintendent - delay detention clock, authorise detention

Inspector - delay right to inform, review clock

Sergeant - search, welfare, custody record

30
Q

What is the detention review?

A

Review if detention still applicable

Review 6 hours from arrival and then 9 hours then 9 hour intervals

31
Q

What is a youth referral order?

A

Made if pleads guilty . Sent to youth offender panel to help stop further offending

32
Q

What is a youth referral order?

A

Made if pleads guilty . Sent to youth offender panel to help stop further offending

33
Q

If bail is refused where is a youth sent?

A

10-11yrs - local authority accomodation

12-17- youth detention (offence must be violent or sexual and a need to protect public)

34
Q

What court are serious youth crimes sent to?

A

Homicide - crown court

Firearm - crown court

Grave eg rape, robbery, GBH - maybe youth court or maybe CC

35
Q

What are rules for withdrawing from committing crime?

A

Before : timely and unequivocal

During: more than communicate

36
Q

When is the only time leading questions can be used?

A

During cross examination

37
Q

After disclosure how long does D have to provide a statement of case if pleading not guilty?

A

Mag - 10 days
C.C - 20 days

38
Q

When is written evidence admissible?

A
  1. Signed and dated
  2. Statement of truth
  3. Copy served on all parties
  4. No party objects in 7 days
39
Q

When is someone who is competent to give evidence not compelled to give evidence?

A
  • is the accused or co accused
40
Q

How long after case management directions is hearing in magistrates?

A

8 weeks or 14 weeks if expert evidence

41
Q

What is the mode of address in crown court / magistrates?

A

Crown - honour
Magistrates - your worships

42
Q

Procedure in C.C?

A
  1. Jury
  2. P opening speech
  3. P witness
  4. No case to answer?
  5. Defence
  6. Closing soeeches
  7. Judge summary
  8. Jury decision
43
Q

Procedure in magistrates?

A
  1. CPS opening speech
  2. Witness (usually victim)
  3. No case to answer?
  4. D Witness
  5. P closing speech
  6. D closing speech
  7. Verdict
44
Q

How long to appeal?

A

Mag to CC- 15 days
CC to CofA - 28 days

45
Q

How much of sentence is served in prison?

A

50%

46
Q

What are the guilty plea reductions?

A

1/3 - guilty in 1st stage of proceedings unless this is unreasonable

1/4 discount after

47
Q

When can you appeal conviction in CC?

A

If “unsafe”:
a. Jury not guided on standard of proof
b. Judge not give right warnings
c. Hearsay wrong
d. New evidence

SQE2(FLK2) Mind (4 decks)

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