criminal

Question 1

custody officer

Answer 1

rank of at least seargant.

• indictable offence
• (including either way offences)
• reasonable grounds to believe 1) lead to interference with or harm to evidence connected with the offence or interference or physical injury to other persons 2) lead to altering others suspected of having committed ab offence who have not yet been arrested for it.
• must not exceed 36 hours from the relevant time - intiail decision to detain. and in any event if the ground ceases to apply - not allowed.

SUSPECT MUST BE INFORMED OF THE REASONS AND NOTED IN THE CUSTODY RECORD.

Question 2

delaying access to legal advice

Answer 2

superintendant or above (higher than inspector) Super Important!!!

Question 3

ranking

Answer 3

Police Constable ·
Sergeant ·
Inspector ·
Chief Inspector ·
Superintendent ·
Chief Superintendent ·
Assistant Chief Constable.

Question 4

delaying right to be notified

Answer 4

inspector of above (less important than superintendant) for the same reasons as delaying right to legal advice. can also be delayed up to 36 hours.

Question 5

extending detention times

Answer 5

24-36 hours - superintendant or above (super important) like access to legal advice

• neccessary to secure or preserve evidence or question them
• diligently and expeditiously
• indictable offence

more than 36 hours - warrants from the magistrates court

• court must be made up of a minimum of 2 magistrates or a district judge
• the application is made on oath by a warranted constable supported by written information
• indictable offence
• the court is satisfied that there are reasonable grounds as before.
  max 96 hours.de

Question 6

detention reviews

Answer 6

officer of at least the rank of inspector determines whetehr a suspects continued detention is justified.

the clock begins when the custody officer has authorised the initial detention.

1st review: no more than 6 hours after initial detention.

2. no more than 9 hours after the initial review.
3. 9 hours after 2nd review - third review , charge or seek extension or release on bail under invesitgation, ir release without charge.

Question 7

code D (iDentification procedures)

Answer 7

identification procedure MUST TAKE PLACE IF:
1. an eyewitness has identified or claims to have identified a suspect or there is a witness who claims they can identify the suspect of where there is a reasonable chance of the witness being able to do so and
2) the eyewitness has not already been given an opportunity to identify the suspect in an approved identification procedure and
3) there is an issue or identity where the suspect disputes being the person to have been seen committing the crime.

exceptions:

• it is not practiable to hold such a prodecude or
• any such procedure would serve no useful purpose in proving or disporving whetehr the suspect was involved with comitting the offence

e.g. where the suspect admits to being at the scne and eyewitness does not have anything to dispute this

or where it is not disputed that the suspect is already known to the eyewitness who claims to have recognised them when seeing them commit the crime.

may also be held if the officer in charge considers it would be useful after consulting the identification officer.

Question 8

whether an identiy procedure will be held dpeends on whether the suspect is known and available

Answer 8

police have sufficient information to justify a persons arrest due to their suspected involvement.

available if they are immediately or wirthin a reasnably short period of time, willing to take part in an identiification procedure

Question 9

identification officer

Answer 9

independent from the main investigation

rank of at least inspector.

Question 10

types of identification procedures and their rules

Answer 10

1. video
   - must include the suspect and at least 8 other people (9 people) + so far as possinle resemble the suspect in age, general appearance and position in life
2. identification parade: normal room or one quipped with a screen
3. group identification
   - should be held where other people are passing informally by or waiting around informally
4. confrontation

• must take place in the presence of the suspects splicitor or friend unless this would cause unreasonable delay.

Question 11

solicitor acting wrong in interview

Answer 11

e.g. answering questions on clients behalf

if a officer of superintendant or above - takes the view that a soliitor is misconducting themselves they may require them to leave on the grounds that they are impeding the interrview. must be provided the opportunity to consult with another solicitor. §

Question 12

custody time limits

Answer 12

refers to the max amount of time that an individual may be remanded in custody during a criminal trial.

56 days for summary only offences

70 days for cases tsend to the crown cprt

70 days for either way offences being tried in the magistrates court fron first appearance to trial.

this is reduced to 56 days if allocation is held within the first 56 days.

182 days for indictable only offences sent to the crown court sending to arraignment in the crown court.

Question 13

failing to surrender

Answer 13

criminal offence

magistrates - up to 3 months + 5,000 max fine

crown corut - 12months + unlimited fine.

Question 14

breaching bail conditions

Answer 14

not a criminal offence

police officer has power to arrest without warrant: if

• reasonable grounds to beliee tha they have broken bail conditions or are likley to break.

must be brought to magistrates court within 24 hours. if not they MUST be released.

Question 15

theft and criminal damage and burglary either way/summary

Answer 15

summary only theft: < 200. can elect for trial in crown court regardless

criminal damage < 5000 magistrates and CANNOT elect for trial by jury in the crown court.

exceptions: treated as an either way offence regardless of how inexpensive the property damaged is

• where the property is damaged or destroyed by arson
  where the property damaged or destroyed is a memorial only applies after june 2022.

BURGLARY:
-Treated as an either way offence unless exceptions apply and it is treated as indictable only

1. ulterior offence intneded to be committed whilst in the building or part of the building is indictable only
2. where the burglary was in a dwelling and any person in the dwelling was subjected to violence/threat of violence
3. the defendant is charged with a burlgary pof a dwelling, has two previous and separate convictions for domestic burglary, aged 18 and over - three strikes rule k

Question 16

initial details of the prosecution case

Answer 16

only applies to summary or either way offences not indictable only.

must be sufficient to assist the court in order to identify the real issues and to give appropriate directions for an effective trial.

• should enable the court and defendant t take an informed view of plea venue for trial case management and sentencing at the first hearing.

Question 17

IDPC contents

Answer 17

depends on whether the defendant was in police custody for the offence charged immediately before the first hearing in the magistrates court or not.

defendant was in police custody (a summary of the circumstances of the offence and the defendants criminal record if any.

not in police custody immediately before the first hearing (a summary of the circumstances of the offence, any account given by D in the interview whether cintained in that summary or in another document., any written witness statement or exhibit that the prosecutor then has available and considers mayerial to the plea or to the allocation of the case for trial or to sentencem the defendatns criminal record if any and any available statement of the effect of the offence on a victi a victims family or others.

the list is expanded where the defendant has been released on bail after being charged and where the prosecutor does not anticiapte a guilty plea at the first hearing ib the magistrates court. unless there is good reason not to do so the prosecution should also make available:

-

Question 18

means test

Answer 18

adjusted income less than 12475 in the magistrates court - funding available.

in the crown court means test passed, funding available and no contirbution required.

MORE THAN 12475 LESS THAN 22,325
- magistrates court - depends on full means test
crown court - depends on full means test contribution may also be required

more than £22325

magistrates - failed
crown court depends on full means test contribution may also be required.

more than 37,500 of disposable incoe - means test failed no funding available.

Question 19

full means test

Answer 19

disposable income:

• 3,398 or LESS - passed.

more than 3,398-no more than 37,500 - magistrates no funding available

crown court passed but contirbution will be required.

Question 20

defence statements

Answer 20

magistrates court - defendant MAY if so within 14 days after prosecution comply with initial disclosure

crown court - MUST within 28 days after the prosecution comply with their initial duty of disclosure.

Question 21

faults with defence disclosure

Answer 21

the defendant may be subject to adverse inferences or comment at trial

• the court or any other party may make such comments as appear appropriate
• the court or jury may draw inferences as appear proper in deciding whether the accused is guilty of the offence.

permission is not generally required for the prosecution to make a comment on faults with the defence statement - the main exception is where the information that was not disclosed refers to a point of law

however cant be made solely on this - the judge must direct the jury expressly on this matter.

Question 22

disclosure obligations

Answer 22

1. prosecution initial duty

• MC: as soon as is reasonably practiable after the defendant pleads not guilty
• CC as soon as is reasonably practiable after the case is sent for trial

prosecution continuing duty
- if following initial disclosure, furhter information or evidence comes to light which satisfies the disclosure test, then the prosecution must disclose it to the defendant as soon as it is reasonably practiable.

2. defence statement magistrates court (not obligatory)
   - not more than 14 days after the prosecution discloses matieral or serves notice that there is no such material to disclose

• cc: not more than 28 days after the prosecution discloses material in line with their initial duty of disclosure or serves notice that there is no such material to disclose.

Question 23

turnball guidance

Answer 23

established guidelines for judges in trials where identification evidence is disputed.

applies equally to cases in magistrates court.

when identification is a matter in issue the task falls to the judfe to determine the quality of evidence.

factors judge will consider:
- the length of time a witness observed defendant
- was the observation impeded
- the conditions of the idnetification e.g. distant, lighting, weater.
- was the defendant previously known to witness
- the length of time which has elapsed between original sighting and procedure
- discrepancy between described attributes

once the judge has considered the quality will then decide:

1. identification of good quality or of poor quality but supported by other prosecution evidence - where a case depends wholly or subsantially on whether the identification is correct a turnball direction should be given to the jury to warn the jury of the need for caution before convicting after relying on the evidence.
2. identification is of poor qiality and unsupported
   - the judge should invite submissions from the advocates and if appropriate withdraw the case from the jury at the conclusion of the prosecutions case - the judge will direct the jury to acquit the defendant in this case.

Question 24

adverse inferences

Answer 24

s34 - silence when questioned or charged
- the constables questioning was for the purpose of discovering how and who committed the alleged offences
- the defendant relied on a fact as part of their defence athat wasnt mentioned
- it was reasonable in the circumstances for the defendant to have mentioned the fact to a constable when questined before or on charge.

s35 failure to testify at trial
- without good cause - silence can only be attributed to the defendant having no answer or no answer that would stand up to cross examination
consider:
- the defendant was given the opportunity to testify
- the defendant understood the courts ability to draw inferences from the faolure to testify or their refusal without good reason to answer a question put to them.

s36/37 failure to account for objects or presence at a particular place - doesnt matter if they dont later rely on it
- can only be drawn if when the defendant is arrested a constable reasonably believes that the object substance, mark or presence at a particular place relates to the defendants participation in an offence and a special warning is given

special warning:
- ordinary language
- what offence is being investigated
- what fact they are being asked to account for
- that this fact may be due to them taking part in the commission of the offence
- that the court may draw inferences as appear proper if they fail or refuse to account for the fact
- that a record is being made of the interview and it may be given in evidence at trial

Question 25

s38 cjpoa

Answer 25

conviction cannot be brought if an inference is drawn soley from the fact.

Question 26

character evidence

Answer 26

bad character= misconduct vidence = doesnt include evidence which has to do with the alleged facys pf the offence with which the defendant is charged

Question 26

seven gateways s101(1)

Answer 26

bad character evidence will only ve admissible on application by the prosecution or a co defendant if it satisfies one of the 7 gateways

a) all parties agree
b) the evidence is adduced by the defendant themselves or is given to in an answer to a question
c) the evidence is important explantory evidence
d) the evidence is relevant to an important issue between defendant and prosecution
e) the evidence has substantial probative value in relation to an important matter in issue
f) the evdence is required to correct a false impression given by the defendant
g) the defendant has made an attack on another persons character

Question 26

procedure for admitting defendant bad character evidence

Answer 26

part 21 of the criminal procedure rues

notice: draft + serve ntice - the facts of the misconduct relied on, an explanation as to how those facts will be proved and a statement as to why it is admissible

time limits

prosecution drafts and serves notice: not more than 20 business days after a not guilty plea in the magistrates court or 10 business days after a not guilty plea in the crown court.

challenging notice

not more than 10 business days after the initial notice was served - served on the court officer

0 which facts the defendant objects to
which if any facts of the misconduct the party instead admits why ti would be unfair additional ojections

Question 26

gateways for a non defendant

Answer 26

it is of important explanatory evidence or
it is of substantial probative value
or all parties agree

Question 27

suspended sentences

Answer 27

when a court imposes a custodial sentence which is determinate of more than 14 days but less than 2 years (or = to) i may be suspended.

must last for at least 6 months but not more than 2 years.co

Question 28

community orders

Answer 28

the court must not pass unless offence is suffciently serious
- the offence is punishable by indictment unless the offender has been fined 3 or more times and
- the offender is suitable for a particular type of community order.

must be accompanied with a fine

cannot be imposed with a custodial sentence

breach
1. warning by supervising probation officer
- if warning already issued in the last 12 months the matter may be referred back to the court

• the court may if an offender over the age of 18 failed to comply without good reason
• amend the terms of the order
  0 revoke and re sentence which could include custody if initially available
• fine the offender for no more than 2500.
• impose a custodial sentence for the wilful and conisstent non compliance even if the offence did not cross the cusotyd threshold.

Question 29

Appeals from magistrates court

Answer 29

• against conviction or sentence - a convicted person may appeal to the crown court
• by way of case stated: if either party to the proceedings prosecution or defence believes that magistrates were wrong in law they may appeal to the divisional court of the high court by way of case stated

also exist for individuals convicted in the youth court.

Question 30

appeals to the crown court

Answer 30

ONLY AVAILABLE FOR CONVICTED PERSON - PROSECUTION HAS NO RIGHT TO APPEAL - PROSECUTION RIGHT TO APPEAL IS LIMITED TO APPEALS BY WYA OF CASE STATED.

Question 31

procedure for appeal against conviction and or sentence

Answer 31

in order to appeal, the appellant must serve an appeal notice on the magistrates court and every other party

must be served not more than 15 business days after the magistrates pass or deter sentece. can submit any time up to 15 days. AFTER SENTENCE NOT CONVICTION.

if want to apply for bail they must submit this in their appeal application
if bail is refused by magistrates can apply to the crown court for bail.

if it is late (i.e after 15 business days) the appellant must include an application for extension of time in their appeal notice.

provided notice is given within time no leave is required (automatic).

if the appeal is against conviction and the appeal is contested the respondent must submit a respondents notice not more than 15 days after the service of the appea; notice.

once the notice has been served the magistrates court officer must notify the corwn court of the sevrice of the appeal notice. (as soon as practiable and must make available to the crown court all evidence and materials that were served on the magistrates court as part of the summary trial.

Question 32

hearing the appeal (judge a high court judge, circuit judge or recorder and between 2-4 lay magistrates none of whom took part in the decision under appeal).

Answer 32

the nature of an appeal to the crown court depends on the type of appeal.

appeal against conviction:
- the appeal is a coplete rehearing of the whole case - either [arty may call evidence not called at the magisrates or omit evidence heard. there is no obligation on the prosecution to put their case in the same way as the lower court and the crown court may make a decision on this different basis

appeal against sentence: the appea; is a complete rehearing of the sentencing hearing with the ability of the appellant to make another plea in mitigation. the crown court is not reviewing sentence, it must make an independent view on all evidence as to the correct sentence. the crown court may consider sentence on a different factual basis to that of the magistrates court

Question 33

further appeals from the magistrates court? (i.e from the crown court)

Answer 33

following a rehearing in the crown court whether against sentence, conviction - prosecution and defence have the ability to appea;l to the high court by way of case stated.

Question 34

appeals by way of case stated

Answer 34

this foro of appeal based on points of law not fact. is heard in the administrative court sitting as a divisional court of the kings bench division.

open to both a convicted person and the prosecution.

grounds of appeal:
1. wrong in law
2. excess of their jurisdiction.

procedure for appeal by way of case stated

• an appellant must apply in writing for the magistrates to state the case for the opinion of the high court. must not be made more than 21 days after the decision that was made by the magistrates court which the appellant wants to appeal. the appellant must serve the application on the court officer and each other party.

magistrates may refuse to state the case where they find the application to be frivolous having no prospect of success. any refusal must be made by a certificate or refusal and is subject to judical review.

where the agistrates decide to state the case for the opinion of the high court - the court officer must serve a draft of statement of case no more than 15 days after the courts decision to state the case.

Question 35

appeals from the crown court (not in its appellate function)

Answer 35

against their conviction or sentence at the end of the proceedings.

grounds: against conviction

• leave to appeal is required
• conviction- the court of appeal will only appeal in the event of an unsafe conviction - incorrectly rejected a no case to answer, misdirected the jury on a point of law, permitted evidence to be adduced or excluded evidence which should have been permitted, made an error in summing up, made an error in summing ip, made necessary interventions or comments, fresh evidence has been introduced

against setnence:
- must demonstrate their sentence is wrong in law or mainfestly excessive or wrong in principle.
either of these grounds may be proven if the judge took the wrong approach in sentencing the judge followed the wrong procedure e.g. failed to undertake a newton hearing or there is a sense of grievance/disparity in sentencing.

procedure for making the appeal
- is not automatic
- leave is always required

• leave may be granted at the conclusion of the trial by means of a certificate or on an application to the court of appeal (defendant must serve notice on the registrar not more than 28 days from the date of conviction / sentence. depending on waht they are appealing against.

Question 36

hearing the appeal - court of appeal

Answer 36

• odd number usually
• 2 can hear sentencing - an appeal agaoinst conviction must have at least 3.

Question 37

youth court

Answer 37

a youth offender should be tried in the youth court exceptions:

1. homicide - must be sent forthwith (without plea indication) to the crown court for trial and attempts.
2. firearm offences
   - which-is subject to a minimum 3 year mandatory sentence must be sent to the crown court without an indication of plea. only applies if 16 or over.
3. notice in fraud cases or cases involving children

dangerous young offenders: the youth court MAY send a youth to crown court without an indication of plea where they have been charged with
- a specified offence
0 the court considers the to be a dangerous offender and
- a custodial term of at least 4 years wld be imposed for the offence

Question 38

specified offence

Answer 38

violent sexual or terrorism related offence. include manslaughter, wounding, robbery, rape and sa

Question 39

dangerous offender

Answer 39

a dangerous offender is one where the court is of the opinion that there is significant risk to the public of serious harm caused by the defendant of committing specified offences. more than a mere possibility of occurence.

Question 40

grave crimes

Answer 40

when a youth is charged with a grave crime the youth court must determine whether to retain jurisdiction or senf the youth to the crown court for trial

serious offence for which the sentence is not fixed by law and is punishable with imprisonment of 14 years or more for an adult
- robbery
causing gbh or wounding with intent
aggravated criminal damagfe and arson / aggravated arson.

must conduct a [plea before venue in respect

indiciate guilty plea: the offence should be treated as tried summarily and the court should proceed to sentencing with the ability to commit the offender to the crown court for sentencing

not guilty: the magistrates must then proceed to determine allocation.

test: is there a real prospect that a sentence in excess of 2 years would be imposed on the youth?

Question 41

referral orders

Answer 41

3-12 months

can be made in the youth court and magistrates not the crown court.

mandatory where:
- the youth has no previous convictions
- the youth pleads guilty to an imprisonable offence
- the ypouth court is not proposing to impose a custodial sentence or make an absolute / conditional discharge
- the offence is not one for which sentence if fixed by law.

may also be available in a number of limited circumstances
- pleads guilty to a non impriosnable offence
- pleads guilty to some offences, but not guilty to others and is concited of those offences followig trial
- has a referral order made against them but the yot recommends a further order and trhe court finds exceptional cicumsyances to justify this course of action.

Question 42

detention training orders

Answer 42

between 4-24 months
- 10/11 - cannot be made
12-14 - can be made if persistent young offender
15-17 cam be made if between 15-17 on the date of conviction.

Question 43

youth rehabilitation orders

Answer 43

maximum of three years

where the court is of the opinion that the offence was serious enough to warrant the making of such an order and are discretionary.

e.g. curfew requirement up to 20 hours a day or 112 a week
activity requirement max 90 days
supervision requirement
unpaid work requirement 40-240 hours a week. must be proportionate to the seriousness of the crime and suitable for the young child or young person.

Question 44

extending detention time by 24 hours

Answer 44

must be done by a police officer of the rank of superintendant or above.

Question 45

parade identifications

Answer 45

8 other volunteers

before a witness attends an identification parade, the police myst tell the witness that they must not make any decision about whetehr the person he saw on a specified earlier occasion is participating in the identification period until they have looked at each participant twice.

Question 46

appeals for bail

Answer 46

once a defendant has applied for bail twice to the magistrates court, the appropriate courrse is to appeal to the crown court. there are no restrictions as to the facts that may be advanced in these circumstances

Question 47

malicious wounding

Answer 47

intention or recklessness as to some bodily harm.

Question 48

indictable only + either way offences

Answer 48

when an adult appears before a magistrates court charged with an inidctable only offence, the court shall send him forwith to the crown court for trial for that offence and the court shall also at the same time, send him to the crown court for any either way offence if it appears to be related to the indictable only offence.

Question 49

adverse inferences

Answer 49

• ultimate question is whether the facts relied on on at trial were facts which the defendant could reasonably be expected to mention during the first interview.

depending on the circumstances e.g. level of disclosure given by the police, adverse inferences may be drawn agianst the woman for failing to.

if not given before charged - does not automatically prevent adverse inferneces. the jury will be directed that inferences should only be drawn if they beleiev that the woman genuinely and reasonably relied on the legal advice to remain silent.

Question 50

exclusions of confessions

Answer 50

if it is represented to the court that the confession was or may have been in obtained in consquence of anything said or done which was likley in the circumstances existing at the time to render unreliable any confession which might be made by him in consequence thereof, the court shall not allow the confession to be given in evidence against him.

exclusion b ) oppression - high threshold and includes torture inhuman or degrading treatment and the use of threat or vioelnce

doesnt matter whether they are legally represented or no.

Question 51

hearsay evidence

Answer 51

hearsay is admissible under several statutory provisions including where a witness is unavailable to attend court because of a prescribed reason - e.g. that the witness is dead.

Question 52

previous conviction evidence

Answer 52

the proseccution will seek to show that the defendant has a propensity to commit offences of the kind with which they are charged. this can be established by evidence showin that he has been convicted of an offence of the same catergory as the one which which he is charged.

Question 53

confession

Answer 53

is any statement which is wholly or partly adverse to the person who made it. e.g. admitting to being present at the scene.

Question 54

hanson limbs?

Question 55

dishonesty with regards to theft etc

Answer 55

a persons appropriation of property is not to be regarded as dishonest if he appropriates property with the beleif that the person to whom the property belongs cannot be discovered by taking reasonable steps.

Question 56

key requirements to adduce hearsay evidence

Answer 56

• witness has first hand knowledge of the matters contained in the witness statement, she is identified to the courts satisfaction and the relevant prescribed reason is satisfied e.g. that the relevant person is unable to attend due to bodily condition.

Question 57

defence statement

Answer 57

succinctly set out the nature of the defence and the issue that the defendant takes with the prosecution’s case

more information required when it is a alibi case. prescribes the name, adress and date of birth of any albi witness or as many details as are known to the defendant must be given.

Question 58

dishonesty - fraud

Answer 58

the test for dishonesty is whetehr ti would be regarded as dishinest by the ordinary standards of reasonable and ordinary people.

Question 59

co-defendants

Answer 59

co defendants are competent to give evidence on behalf of another defendant in the same trial but they are not compellable.

the solicitor cannot obtain a witness summons to require their co defendant to give evidence

competent but not compellable.

Question 60

defence disclosure

Answer 60

requires details of defence witnesses to be served on the prosecution

a copy of any witness expert statement on which party intends to rely on must be served on the other party prior to witnesses being called

Question 61

submission of no case:

Answer 61

usually after the prosecution close.

Question 62

special measures

Answer 62

a complainant to a sexual offence who is called as a witness will automaticaly be considered eligible for special measures.

Question 63

suspended sentences

Answer 63

the magistrates court cannot activate a suspended sentence imposesed in the crown court.

breach must therefore be dealt with in the crown court.

Question 64

appeals

Answer 64

magistrates - automtic right to appeal against sentence to crown court.

• a defendant who pleads guilty in the magistrates can appeal against sentence to crown court.
• defedant who pleads guulty cannot appeal against conviction.

Question 65

pre sentence reports

Answer 65

probation officers are responsible for prearing pre sentence reports for adult defendants.

the court must obtain a pre sentence before imposing a custodial sentence or community order but the requirement does not apply if in the circumstances of the case, the court is of the opinion that it is uneccessary.

disclosed to court and defence and prosecutor (unles the court considers that it is inappropriate

Question 66

if the court is going to pass an unlawful sentence - as a result of not having information the solicitor has in their possession their duty of confidentiality tp the client is overidden.

Question 67

aggravating factors

Answer 67

e.g. man on bail in respect of another ofence

it is only in exceptional circumstances that the court may treat an offence more seriously if the particular type of offence is prevalent in the area.

the court must treat any previous convictions as an aggravating factor if having regard to the nature of the previous + time the court sees it as reasonable

Question 68

attempts

Answer 68

usually for attempts nothing less than intention will suffice.

however, it has been held that on a charge of attempted aggravated criminal damage or arso, the defendant must intend to damage or destroy the property - i.e he must intend the consequence of forming th ar of the offence but he can be reckless as to whether life is endangered because this is an issue of ulterior mens rea.

Question 69

adult/youth - codefendants

Answer 69

where an adult and youth are co defendants in respect of an indictable offence which is not caqpable of being a grave crime, the only relevant test is whether a joint trial in the crown court is neccessary in the interests of justice.

Question 70

youth orders

Answer 70

referral orders can only be imposed following a guilty plea

the court are not bound to follow the recommendation in the report.

the criteria for imposing a detention training order is not that the offence is sufficiently serious to warrant a period of custody but rather they have to be of the opinion that the offence is so serious that neither a fine alone nor a community sentence can be jusitifed for the offence.

Question 71

key people allowed to attend youth court with youth

Answer 71

magistrates
members of court staff
legal adviser
usher
youth
their parents or guardian
members of the press
subject to reporting restrictions

Question 72

youth detention accomadation.

Answer 72

12-17 years old

must usually have legal representation
the offence will usually need to be either a violent or sexaul offence or one for which an adult could be punished with a term of imprisonment of 14 years or more nd that it is very likley that the child will recieve a custodial sentence for the present offence

or a recent and significant histroy of absconding whilst remanded to local auhtority accomadation or youth detention accomaation

or

a recent and significant histroy or committing imprisonable offences whilst on bail or remand to local authority accomadation or youth detention accomadation.