Criminal Flashcards
Role of defence solicitor at hearing?
- Prepare by completing trial preparation form.
- D gives reasons for not guilty plea
- D solicitor to argue for appropriate sentence and reasons if guilty
- Prosecution and D to identify issues and any points of law, number of witnesses called
Prosecution disclosure?
Prosecution is required to:
- summery only - disclose initial details of case no later then first hearing.
- Either way - disclose 2-3 days before first hearing.
- Indictable - to provide disclosure as soon as possible after sending case to Crown court.
What is the test for disclosure ?
prosecution must disclose material that might be reasonably considered capable of undermining the case for supporting the defendant.
PACE s 78
(Any evidence) may be excluded at the discretion of the court that having regard to all the evidence, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
How long do defendants have to make appeal to crown court ?
15 working days
And they will get back to them within 80
What is the offence of simple assault ?
Where assailant intentionally or recklessly causes the victim to apprehend immediate danger and unlawful personal force
What is the offence of battery ?
The infliction of the perceived force in simple assault
Offence of assault occasioning actual bodily harm ?
Committing simple assault or battery that causes actual bodily harm
Wounding or inflicting GBH ?
Is intentional or reckless in wounding or causing GBH
Wounding or causing GBH with intent ?
Intentionally causes GBH or intent to resist lawful apprehension
Theft ?
Dishonestly appropriates property belonging to another with intend of depriving them of it
Robbery ?
Theft combined with threat or application of force at the time of robbery
What is burglary ?
Enters building or part of it as trespasser - attempts to steal or inflict GBH
Aggravated burglary ?
Burglary with a weapon
Criminal damage ?
Intends to or is reckless in damaging another’s property
