Criminal Flashcards
What is the definition of theft?
Dishonestly appropriate property with the intention to permanently deprive
What are requirements of robbery?
Force/ intimidation - immediately before/ at time
In order to steal
Requirements for robbery?
Force / intimidation (immediately before/ at time);
In order to steal
What is the sentence for burglary?
10years // 14 if a dwelling house
What are time limits for spent convictions?
4 years+ - never spent
30montjs -4yrs - 7yrs
30m - 4 years
6m - 2 years
Community order - 1 year
What is the res getae exception to hearsay?
Statements made in contemplation of an event admissible eg A can repeat what B said
When is confession evidence inadmissible?
Can show made
A. In oppression
B. Unreliable
Must prove beyond reasonable doubt
What are the steps to challenging admissibility in magistrates and Crown Court?
1) C.C - determined by trial judge at a voire dire (no jury)
2) Mag - at the close of prosecution case
What is a newton hearing?
Dispute of facts
Where are indictment, either way and summary offences tried?
Indictment - Crown court
Either way - mag/ crown court
Summary - magistrates
What is the sentencing power of magistrates court?
12months
Where is a case allocated if 2 offences of different pleas?
Allocate according to not guilty plea
What happens if plead non guilty?
Pre sentence report, plea before venue, allocation
How is work at police station charged?
Fixed fee
What is max period of custody before trial?
70 or 56 for summary offences
What is s47 offence?
Common assault
What is s20 offence?
GBH
What is s18 offence
GBH with intent
Mens rea for assault?
Intend to cause immediate unlawful force or reckless to it
Mens rea for GBH?
Intend/ reckless to GBH or foresee some harm
Mens rea for murder?
Malice afterthought - intend to kill or a virtual certainty
Two requirements for evidence
1- must be relevant
2- must be admissible
Who bears standard of proof/ what is standard?
Prosecution - beyond reasonable doubt
Whos burden to prove if defence of insanity or duress raised?
On D to prove
3 categories of Turnball guidance
- Good ID - judge still warn on relying only
- Bad(but evidence) - warning
- Bad(no evidence) - dismiss and acquit D
When can you delay suspects rights to have someone informed/ consult with solicitor?
- Can only be delayed by superintendent (or inspector if someone informed)
- Must be indictable only offence
- Max 36hrs
Only if:
Interference/harm/alert others/hinder
What is the detention clock?
1.24hrs
2. 36hrs (secure evidence, indictable, investigation diligent) - must be authorised by superintendent
3.72hrs - need warrant from magistrates
4.92hrs - further warrant
Can an estranged parent be an appropriate adult?
No
What does superintendent, seargant, and inspector do?
Superintendent - delay detention clock, authorise detention
Inspector - delay right to inform, review clock
Sergeant - search, welfare, custody record
What is the detention review?
Review if detention still applicable
Review 6 hours from arrival and then 9 hours then 9 hour intervals
What is a youth referral order?
Made if pleads guilty . Sent to youth offender panel to help stop further offending
What is a youth referral order?
Made if pleads guilty . Sent to youth offender panel to help stop further offending
If bail is refused where is a youth sent?
10-11yrs - local authority accomodation
12-17- youth detention (offence must be violent or sexual and a need to protect public)
What court are serious youth crimes sent to?
Homicide - crown court
Firearm - crown court
Grave eg rape, robbery, GBH - maybe youth court or maybe CC
What are rules for withdrawing from committing crime?
Before : timely and unequivocal
During: more than communicate
When is the only time leading questions can be used?
During cross examination
After disclosure how long does D have to provide a statement of case if pleading not guilty?
Mag - 10 days
C.C - 20 days
When is written evidence admissible?
- Signed and dated
- Statement of truth
- Copy served on all parties
- No party objects in 7 days
When is someone who is competent to give evidence not compelled to give evidence?
- is the accused or co accused
How long after case management directions is hearing in magistrates?
8 weeks or 14 weeks if expert evidence
What is the mode of address in crown court / magistrates?
Crown - honour
Magistrates - your worships
Procedure in C.C?
- Jury
- P opening speech
- P witness
- No case to answer?
- Defence
- Closing soeeches
- Judge summary
- Jury decision
Procedure in magistrates?
- CPS opening speech
- Witness (usually victim)
- No case to answer?
- D Witness
- P closing speech
- D closing speech
- Verdict
How long to appeal?
Mag to CC- 15 days
CC to CofA - 28 days
How much of sentence is served in prison?
50%
What are the guilty plea reductions?
1/3 - guilty in 1st stage of proceedings unless this is unreasonable
1/4 discount after
When can you appeal conviction in CC?
If “unsafe”:
a. Jury not guided on standard of proof
b. Judge not give right warnings
c. Hearsay wrong
d. New evidence
