Criminal Flashcards

Question

What are the requirements for Agg burg 1) 2)

Answer 1

1) commits 9(1)(a) or 9(1)(b) burg 2) At the time has with them any weapon. At the time depends on type of burg: 9(1)(a) - point of entry 9(1))(b) - at point steals att to steal or inflicts GBH

Answer 2

something made. adapted or intended for causing injury incapacitation Only has to have it, no requirement to use

Answer 3

theft and use of force, or put in fear immediately before or at time of theft to effect the theft. -Degree of force =matter for jury . Push --has been sufficient -Put in fear - apprehension suffices -problems if force after theft -appropriation can be continuing

Answer 4

1) Intention to use force to steal, or escape or escape after stealing with MR of theft Not robbery if: 1) force used to escape but not steal 2) theft afterthought to force.

Answer 5

1) Crim dam s1(1) CDA 2) Agg Crim Dam S1(2) CDA 3) Arson SS1(1) &(3) CDA 4) Agg Arson SS1 (2) & (3)

Answer 6

Without lawful excuse, destroy or damage property belonging to another, intentionally or recklessly

Answer 7

1) Damage given common sense meaning - Fact & Degree. Courts deem as rendering imperfect or inoperative 2) Destruction - requires permanent outcome, become permanently useless, finality. 3) Can be by omission if duty of care found duty to rectify dangerous situation

Answer 8

1)Tangible - can be seen or touched 2) Includes wild animals if tamed/kept in captivity or reduced into possession 3) Plants & Funghi NOT Property

Answer 9

1) CAN'T be liable for SIMPLE crim dam on own property. Different for AGG Crim Dam 2) CAN damage property owned with another

Answer 10

1) Honest belief in consent- substantive test - objective. - He "has" or "would have" been provided with consent = mistaken belief - immaterial if belief justified or not as long as honestly held - Intoxication- self induced - will not prevent honest belief being relied upon - decision in Jaggard - not extended past lawful excuse in simple crim damage 2) Property in need of protection = - only in relation to property in need of protection NOT person in need of protection - belief in immediate need of protection ,subjective- must have honest belief that means adopted were reasonable. Then moves to objective - that property was in need of immediate protection.

Answer 11

- Property not person - Irrelevant if def doesn't believe what he does amounts to damage or destruction - fact is did def intend to do act that amount to the damage - must know or believe belonged to another - belief honestly held - need not be reasonable or justified.

Answer 12

If damage under 5K. But still EW offence

Answer 13

destroy property with intent or reckless as to whether life of someone else would be endangered

Answer 14

- Same AR as Crim dam - statutory defence unlawful excuse - DOES NOT Apply - can destroy own property - need not belong to another -Endangerment of life must result from damage or destruction of the property and not merely the danger itself - eg shooting through window not Agg crim damage as as danger was from the bullets and not the damaged window

Answer 15

- Focuses on state of mind fo def doesn't need to be actual endangerment of life - no offence if endangering OWN life, must be life of another. -Specific intent charge - as ulterior MR of endangering life **specific intent charge - requires proof defendant had specific intention or purpose when committing AR****

Answer 16

yes as s1 offence- Pros must prove defendant formed MR for offence despite intoxicated state

Answer 17

Arson - same as for simple criminal damge Agg Arson - same as Agg damage - additonal element of endangering life

Answer 18

-Damage must be caused by fire - raging or simple flame -smoke DOES NOT suffice - should add arson to indictment BUT damage by fire is acceptable

Answer 19

1) Murder -AR - unlawful killing of a human under kings peace MR - Intention to cause death or Grievous bodily harm with malice aforethought 2) Voluntary manslaughter - Loss of control- Intentionally killed or killed W/O to do harm, BUT experienced loss of control form qualifying trigger and reasonable person would have acted in same or similar way. 3) Voluntary manslaughter - diminished responsibility - kills as with Loss of control - but experienced abnormality of mind arising from recognised medical condition- impairing their ability to understand the nature of their conduct, form rational judgement or exercise self control and in doing so provides explanation for killing 4) Involuntary manslaughter -unlawful act manslaughter- def commits act, not omission, that is objectively dangerous and causes death of victim 5) Involuntary Manslaughter - gross negligence manslaughter- def owes duty of care to victim and breaches this in a manner that poses risk of death and def's act or omission in bringing about death categorised as gross negligence 6) Involuntary manslaughter - subjective recklessness - where killed someone but did not commit unlawful dangerous act, will be convicted where recognised risk of death, or serious injury but went ahead with risk anyway 7) Involuntary manslaughter -corporate- organisation organises activities that caused death and amounts to gross breach of care

Answer 20

No - must be reasonable person in being, must be born and then die

Answer 21

1)In battle 2) death penalty 3) a self defence situation considered lawful

Answer 22

results crime - looking for acceleration in death - brain dead

Answer 23

With malice aforethought- no premeditation or ill will required. Just an intention to kill or cause GBH

Answer 24

direct aim or purpose to kill

Answer 25

No intention to kill, but does intend to cause serious harm and as a result dies

Answer 26

no intention to kill but death virtual certainty as a result of defs conduct and def appreciated certainty

Answer 27

no intention to cause GBH but as with oblique intention to kill- virtual certainty & appreciated certainty

Answer 28

Same definition as murder, occurs when defendant successfully presents one of the 4 partial defences to murder, can only happen when charged with murder. Complete defence = acquittal Partial defence = manslaughter

Answer 29

1- Self-defence 2 - Intoxication 3 - Loss of control 4 - Diminished responsibility (5 = Suicide pact) (6= Infanticide)

Answer 30

Requires recklessness as a potential alternate form of MR ABH, GBH, Rape & sexual offences, s9(1)(b) burglary. damage where recklessness alleged, strict liabilty & reckless negligence

Answer 31

Requires intent as MR- intent to achieve certain consequences GBH with unlawful or malicious intent, theft, robbery, s9(1)(a) Burg, damage where damage property or life endangered, incohate offences - not completed

Answer 32

Specific =yes as long as can be said intoxication prevents ability to form MR Basic - No - involves recklessness as form of MR therefore not available as a defence

Answer 33

No- requires evidential burden to be met by defence, evidence to support drunk, but doesn't reverse B of T, more argument not able to form MR. If prove intoxication, burden then on pros to prove went on to form MR despite intoxication.

Answer 34

1) Voluntary or involuntarily intoxicated 2) By Alc or dang drugs, or by non-dang drug 3) Crime basic or specific intent

Answer 35

means both mistake of mind as a result of being intoxicated AT THE TIME and short-term AFTER-EFFECTS which have triggered episodes such as paranoia

Answer 36

NO - no defence, even if specific intent offence

Answer 37

Ulterior offence - MR goes beyond the actus reus eg agg crim damage no req to endanger life in AR but is required in MR - therefore specific intent Purposive approach - requires proof of purposive element - can only be committed intentionally eg murder = specific intent

Answer 38

if it is NOT common knowledge that it causes the taker to become aggressive or unpredictable eg paracetamol. This can also apply if prescription is not the defendants -

Answer 39

Alc & illegal drugs which have been ingested

Answer 40

Dangerous drugs - where ingested can still prove invol intox if prove no mens rea Non-dang drugs - where vol taken = defence if suffered total loss of bodily control ie cannot consciously perform the AR of the offence

Answer 41

Normally no, BUT if voluntarily take non dangerous drug and didn't appreciate would make him aggressive, unpredictably , or uncontrolled and suffers total loss of bodily control- Def WILL have a defence If reckless in consumption - remains NO DEFENCE AVAILABLE

Answer 42

without will or conscious control ingested an intoxicating substance. EG - spiked - drugs and alc - Ingested - in line with medical advice

Answer 43

Yes, irrelevant if specific intent or basic intent- only requirement as with Vol Intox is unable to form MR for offence.

Answer 44

Yes, if found to be honest mistake, requirement is honest belief, honestly held. BUT if mistake induced by defendant's intoxicated state can't rely on mistake as a defence

Answer 45

Includes - Not just own body but also person. property and others Requirements - necessary in circumstances as def believed them to be. - use of force reasonable in circumstances as def perceived them to be.

Answer 46

1) Victim posed threat 2) Threat unjustified 3) Use of force must be necessary 4) Degree of force must be reasonable

Answer 47

No- def must raise sufficient evidence of self-defence, BUT not for def to prove for Pros to disprove.

Answer 48

Necessity = subjective question - looks at circumstances as def believed them to be Can only use in protection from victims physical attack, NOT at any time

Answer 49

1) Mistaken belief - Can rely on genuine belief, even if mistaken. Does not need to be reasonable, but reasonableness goes towards whether genuinely held 2) Intoxicated mistake - CANT'T rely upon when invloved def's voluntary intoxication, even if charged with specific offence. CAN rely on genuine belief if resulted from mental illness caused by long term use of alc. 3) Imminent attack -only in imminent attack- can use pre-emptive strikes to defend imminent attack 4) No duty to retreat - Entitled to stand ground, no requirement to retreat first 5) Original Aggressor - Can claim even if started it, if victim responds with particular aggression

Answer 50

- Defendants physical condition, age and frailty - Psychiatric conditions- delusions, where condition provides strong evidence of defendants honest belief in necessity to use force

Answer 51

- reasonable if proportionate n all the circumstances -considered by jury considering 1) crics as def honestly believed them 2) objective - in heat of moment not able to judge force needed 3)if does no more than honestly and instinctually thought necessary - that's strong but not conclusive that reasonable - considered case by case -Mistake as to reasonable force - this is a mistake as to law and NOT a mistake defendant can rely on.. Therefore this is an objective assessment for the jury - Psychiatric condition - not relevant to whether force reasonable. They can be relevant to whether force was necessary in the circumstances- if charged with murder defence of diminished responsibility or loss of control may be more appropriate

Answer 52

1) What circumstances force can be used 2) What amounts to necessary use of force 3) What amounts to reasonable force

Answer 53

1) Def must not be a trespasser 2) Def must be householder 3) self defence must be while in or partly in dwelling 4) Def believed to be a trespasser 5) Use of force necessary in circumstances as def believed them to be 6) Defs use of force not grossly disproportionate in circs as def believed them to be ** def extends to multi use premises ie shops, pub***

Answer 54

1) Def believed entered as a trespasser 2) where entered lawfully but then regarded as trespasser, went to area of property prohibited from 3) Defendants belief - need not be reasonable and can be mistaken - necessity to use force is same as test for non householder

Answer 55

-force must not be grossly disproportionate, can therefore use more force than non householder -If grossly disproportionate - no defence - if not grossly disproportionate, must consider if reasonable in circs a def believed them to be - if yes def available if not - no defence

Answer 56

NO - all or nothing defence, slightly excessive will loose defence entirely

Answer 57

No includes vehicles and vessels used as a dwelling, & building joined to a dwelling

Answer 58

Partial, if successful defendant liable for voluntary manslaughter ss54-55 Coroners & Justice Act 2009 replaces old law of provocation.

Answer 59

- Burden is on pros to show that L of C DOES NOT apply - Def must satisfy 3 elements, pros need only prove ONE element missing for defence to FAIL.

Answer 60

1) - Def Act/omissions in being party to a killing resulted from loss of control 2) Loss of control qualifying trigger 3)Person of defs, age,,sex, tolerence, reasonable person, might have reacted in same or similar way

Answer 61

-need not be total loss of control - need not be sudden - could build up over period of time- DV cases - must be actual loss of ability to act in acc with considered judgement, or loss of normal powers of reasoning - is NOT a defence - where in considered desire for revenge. This ensures retaliatory killings don't benefit from this defence - Greater delay between qual trigger and loss of control = less likely for def to succeed

Answer 62

1- fear of serious violence - subjective - did def fear violence that was serious - GBH level 2) Anger, things said and done - something said or done extremely grave, or had justifiable sense of being seriously wronged- not defined but considered objective test 3) combination of above

Answer 63

- objective test - sex and age standard characteristics - Same tolerance & restraint as average member of society -

Answer 64

- partial defence to murder - partial insanity providing justification for def suffering from abnormality of mind, but not total loss of control

Answer 65

- Mandatory life sentence does not apply -reverse burden of proof - requires def to prove to civil standard- balance of probabilities

Answer 66

1) Abnormality of mental functioning 2) Abnormality must arise from recognised medical condition 3) Abnormality must cause substantial impairment 4) Abnormality provides explanation for killing

Answer 67

- Def = state of mind so different from that of ordinary human being, the reasonable person would term it abnormal - Easier to spot than define- something less than insanity

Answer 68

- evidence needed of physiological of psychological recognised condition. - physiological = sleepwalker, diabetes -Psychological = schizophrenia, depression - matter for jury - recognised medical conditions - battered spouse syndrome, psychopathic personality disorder and depression

Answer 69

-substantial - given ordinary English meaning ie substantial meal, substantial salary, more than merely trivial - Examples 1) doesn't understand nature of conduct- like test for insanity BUT only requires SUBSTANTIAL impairment example = kills but doesn't understand won't revive like comp game. 2) Can't form rational judgement - can't act rationally after years of abuse, only way to escape, or killing infirm wife can no longer look after, and thinks no one else can 3) Can't exercise self-control - abnormality limit individuals ability to use self restraint eg brain inj or psychiatric condition may lead to an inability to control temper ***Alternative to loss of control - where failed to satisfy as can't exercise normal degree of tolerance of self-restraint*** 4) Explanation for killing - - must be a causal link between abnormality and killing - experts key then left for jury to decide if condition provides explanation for actions

Answer 70

- being drunk not abnormality of mental function , therefore no defence BUT - when drinking involuntary and has abnormality of mind which had some effect on killing- eg alcoholism, therefore not drinking voluntarily so defence still available - If drinking triggers pre existing medical condition can still rely on defence if they satisfy all other elements of the defence

Answer 71

- If uncontroversial/uncontested evidence and satisfies the defence then murder should be withdrawn from jury.

Answer 72

Suicide pact - where kill in pursuance of suicide pact = manslaughter Homicide Act 1957 Infanticide -where woman kills child under 12 months , because mind disturbed as hasn't recovered from birth = infanticide - Infanticide Act 1938

Answer 73

NO - only available to murder- if found leads to conviction for voluntary manslaughter

Answer 74

1) Involuntary Manslaughter 2) Manslaughter by gross Negligence 3) Subjective Reckless manslaughter 4) Corporate manslaughter

Answer 75

- does not intend to kill or cause GBH, but has brought about death of another

Answer 76

1) Intentionally do an act 2) Act done unlawful 3) Act objectively dangerous 4) The act in fact and law caused death

Answer 77

- must be intention to do act but not to kill -positive act NOT omission NOTE - If the death is from failure to act therefore no intention, then offence is gross negligent manslaughter

Answer 78

- Must be criminal offence - not civil wrong, nor offence satisfied by proof of negligence or strict liability offence - act doesn't have to be aimed at victim - can be transferred malice - can apply usual defences -(remember L of C and DR only defences to murder)

Answer 79

- objective test - reasonable person/bystander (always sober) foresees risk of harm, not necessarily serious harm that occurred. - Largely objective test left to jury - they consider facts that make act dangerous, that are known to def or reasonable person - harm must be physical and to victim

Answer 80

Causation - must have caused outcome in both fact and law Factual - "but for" test defendants actions factual cause, must be shown but for defs action events would not have occurred. Legal - actions must have been an operating and substantial cause of the outcome - more than slight or trifling

Answer 81

- no unlawful act; or - death arises from an omission to act -imparts liability for a serious crime where def hasn't consciously risked harm

Answer 82

1) Owes a duty of care to victim 2) breaches duty of care 3) breaches involves serious and obvious risk of death, that was reasonable foreseeable 4) Breach of duty causes death 5) Defs conduct can be characterised as grossly negligent

Answer 83

- Rules of negligence , therefore criminal liability for omissions as well as commissions - Prosecution MUST establish duty of care owed -JUDGE determines if duty has arisen NOT jury

Answer 84

-medical professional and patient - Ship owner and crew - Landlord and tenant - Electrician & homeowner

Answer 85

- If POSITIVE ACT- court use ordinary principles of negligence to determine if duty of care owed. - defence of ilegality ex turpi - does not apply in manslaughter eg smuggling immigrants and they die, driver convicted even though immigrants committing illegal act. -OMISSIONS - where death from failure to act, must first say if necessary for duty to act, if YES then usually also find duty of care

Answer 86

Objective - Jury to consider -Duty below what expected of reasonable person -special skills of defendants will be considered on basis of reasonable person also.

Answer 87

- reasonable person must foresee it would give rise to serious and obvious risk of harm - must be knowledge at TIME of breach and NOT what is FORESEEABLE - relevant in medical cases -obvious = clear, present & unambiguous. NOT what becomes apparent of further inspection

Answer 88

- causation - "but for" and actions substantial and operating cause - example where complex - man drugs girlfriend, gets progressively ill, gets no help and she dies. Sig/sub chance WOULD survive BUT NG of manslaughter because pros had to prove medical intervention WOULD have saved her life

Answer 89

- so bad is a crime and must be punished - if risk BECOMES apparent - NO liability - if immediately apparent, striking and glaring - YES liability - distinct from TORT - so bad it is CRIMINAL - Jury to consider - several acts can = 1 act of gross neg -LIABLE where is personally responsible even if others PARTLY responsible -NOT LIABLE where others wholly responsible - NO requirement for specific MR - BUT state of mind will be considered when considering breach of duty

Answer 90

1) Fraud by false Rap 2) Fraud by fail to disclose infp 3) Fraud by abuse of position

Answer 91

Implied - things so obvious don't need to be put into writing- fact Express - Specific terms usually in wiritng

Answer 92

- def killed someone and did not commit an unlawful dangerous act - will be convicted where recognised risk of death or serious injury but went ahead with risk anyway

Answer 93

- organisation manages activities whereby persons death is caused & amounts to breach of care. EXCEPTIONS - -military activities -Police operations dealing with terrorism and serious public order - penalty isn't life imp as with other manslaughters its unlimited fine or remedial order

Answer 94

1) makes rep 2) Must be false 3) Must know rep is or might be false 4) must be dishonest in making this rep 5) must have intended to make a gain or cause a loss as a result of representation

Answer 95

- express or implied- words or conduct - only needs by request MADE , not required that must be received - MUST be directed at someone or something, not enough to put in diary - may be about fact, law or state of mind - can be amde to human or machine

Answer 96

- untrue or misleading and is a matter for the jury - not enough def believes reps untrue or misleading Example = def charges V excessive amount for work - can only be fraud IF position of trust between def and V, BECAUSE that trust implies rep by def that what charges is fair, and if it isn't then IT IS false rep

Answer 97

- MUST make with knowledge IS or MAYBE false and intend to make a game personally or for another, cause loss for another or expose another to loss - BE CAREFUL WITH QUESTIONS THAT SAY OUGHT OR SHOULD - these are not correct as statute says subjective test asking what def KNEW - includes MISLEADING, MIGHT BE MISLEADING & WILFUL BLINDNESS (closes eye to question)

Answer 98

- Test as in Ivy v Gentings - def's state of knowledge as to facts and conduct dishonest by standards of ordinary people - Def cannot argue honest belief

Answer 99

- no actual loss required - conduct crime - virtually certain would suffer loss as a result of reps and def appreciated that certainty.

Answer 100

AR - - Withholds info partially or absolutely - legal duty to disclose - relationship (fiduciary duty)between def and another and obligation to disclose - matter of fact MR - Ivy and gentings test for dishonesty - need not know owed duty - and if was unaware may effect question of dishonesty - Intention - to make loss of gain, but not necessary for loss to be borne

Answer 101

1) occupy position 2) position one where def expected to safeguard, or not act against financial interests of another 3) Must abuse his position 4) must be dishonest in abusing his position 5) must have intention to make a gain or cause a loss as result of abuse of position

Answer 102

- only applies where def expected to safeguard financial interests of another person POSITIONS - fiduciary where undertakes to act on behalf of another the principal = fiduciary relationship Examples Trustee & beneficiary Director & Comp Lawyer/doctor and client Employer & employee If relationship exists is matter for judge

Answer 103

= if expected to safeguard financial interests of another or not to act against financial interests of another.

Answer 104

- uses incorrectly, puts to improper use - matter of fact Examples = Infringing intellectual property rights, or taking money from a vulnerable person in def's care

Answer 105

- def not required to know occupies position - BUT may be relevant to question of dishonesty - Requires causal link between def intention to make a gain or cause loss and his abuse of position

Answer 106

NO - Indicatable EW offences can be attempted, summary offences cannot be. Exception is low value shop theft summary in mags , but EW offence generally so can be attempted.

Answer 107

1) offence that can be attempted 2) Commits an act 3) must be considered as more than preparatory - matter for jury, so long as judge satisfied in law there is evidence to support the finding 4) Must have intended to commit full offence - def possesses MR but not AR

Answer 108

- commit conspiracy -A & A procure or counsel - encourage or assist suicide - impede arrest or compound (not disclosing required info) an offence

Answer 109

YES - confronted with shotgun in victim's car, victim escaped unharmed. More steps to take to commit offence BUT more than preparatory - gun, in car pointed at victim NO - outside post office with imitation gun, motorbike helmet and threatening note, never went in. NOT more than merely preparatory, indicative of preparation only NO - in school toilet, knife, masking tape and rope, caught before in contact with children. no act more than merely preparatory KEY - note AR of offence then ask if what done m ore than merely preparatory.

Answer 110

- intention to carry out all aspects of offence. -Must be intention to carry out offence. Even if actual offence can be committed recklessly, for attempt it MUST be intention only EG - - Murder - req int to kill or cause GBH - Att murder - only committed with intention to kill ** note level of intent required greater for attempt**

Answer 111

NO cannot be convicted of non existent crime- ie defendant thinks crime but in fact its lawful

Answer 112

YES - eg stabbing someone you think is asleep but actually they are dead already. Still liable for attempt murder as intended to kill. Judged according to facts as def believed them

Answer 113

YES- eg trying to poison someone but what used isn't actually poison. Intention to kill so still liable.

Answer 114

- most crimes require positive act - can be committed by failure to act, but crime must be capable of being committed by omission eg Murder = YES, Unlawful act manslaughter =NO - must be legal duty to act - examples 1) no general duty to act 2) Statutory duty - employers 3) Special relationship - of control or supervision 4) Voluntary assumption of responsibility - solicitor and client, banker and client 5) creation/contribution to a dangerous situation- if creates duty of care arises to protect others Then must check if duty discharged - someone drowning and lifeguard doesn't help - DUTY not discharged

Answer 115

Causation - must have caused outcome in both fact and law Factual - "but for" test defendants actions factual cause, must be shown but for defs action events would not have occurred. Legal - actions must have been an operating and substantial cause of the outcome - more than slight or trifling

Answer 116

1) Acts 3rd party & acts of victim - - acts in way informed and voluntary - Free and deliberate act by 3rd party - victim contributes to injuries - victim neglects injuries 2) Medical treatment - highly unusual, must be palpably wrong. Must be independent potent act 3) unforeseeable natural causes - struck by lightening - y - beach and drowns - N 4) Eggshell rule - defendant will still be culpable - must take victim as he finds him.

Answer 117

- No MR required - need to prove actions voluntary - - no defence to claim actions from mistake, or that def took reasonable steps to avoid doing what he did therefore no defence - majority of strict liability offences are statutory. Statute creating offence states if there or isn't a defence and can reverse burden of proof - Statutory strict liability offences = regulatory and public danger offences EG - regulatory = lesser offences, easy to prove eg no insurance. Some not minor = financial services regulations - FSMA 2000 & H & S - employers not allowed to provide unsafe working environments EG - public danger offences= possession firearm - in possession convicted, drugs offences - need some MR but not to every element of AR - almost ALL common law offences ARE NOT strict liability, those that are = - outraging public decency - public nuisance - contempt of court

Answer 118

Direct - aim person to bring about consequence - motive & desire irrelevant Oblique (indirect) - result virtual certainty and defendant foresees result as virtually certain. *** despite the fact there is an objective element, virtual certainty is a subjective test, keep an eye out for this *** *** foresight of virtually certain result IS NOT equivalent to intention, only evidence of intention*** Keep an eye for where questions "must find"***

Answer 119

1) was outcome virtually certain following defendants actions - subjective 2) Did defendant realise virtual certainty- state of mind - subjective

Answer 120

Malice - not maliciousness, means intention or recklessness. Recklessness - Recklessness - 2 definitions 1) R v Cunningham - aware of objectively unjustifiable risk yet goes on to take it. Applies all offences with reckless MR, except crim damage. 2) R V G 2 x test - at time of committing AR - subjectively aware of the risk - in circumstances must have been objectively unreasonable for defendant to take risk - characteristics of defendant considered here R v G is of general application except for MR of crim damage Negligence = conduct and whether failure to meet standards of reasonable person.

Answer 121

1- mistake - mistake as to elements of AR may negate MR = mistakenly takes jacket from restaurant. - Ignorance no defence in crim law - mistake in civil law may be - speakers and wires installed in landlords property, tenant takes as doesn't realise belong to landlord. 2- coincidence AR & MR = - when has MR should at same time commit AR - some circs can take place over time = 2 strands of Jurisprudence - continuing acts = -force in battery, appropriation in theft or penetration in rape - sufficient to have MR at any point during continuance of AR - one transaction = - series of acts that make one transaction, defendant can have AR & MR at some point during that transaction even if don't coincide. 3- Transferred malice = - AR of offence, but inflicts on another which defendant never intended to do. However MR one offence can to transferred to another and joined with AR * MUST be for same offence though, can't be different offence combined*

Answer 122

- innocent agent - NO if no knowledge of offence eg courier of bomb - secondary offender 3 ways: 1) Joint principal - equally committed, both necessary AR & MR. -CANT mix AR 1 with MR another - CAN commit same AR but diff MR so commit different offences - eg GBH AR but 1 intends to inflict serious harm and 1 some harm - one can have defence N/A to other 2) Joint Enterprise - 2 or more act with shared common intention, at 1 commits crime - all involved parties liable for offences committed - can be expressly agreed or implied by the court - CT in JOGEE confirmed all to be DW using same principle WHEN NOT LIABLE = if act committed fundamentally different from act foreseen by secondary

Answer 123

- assists commission of offence by principal, but who does not commit AR of offence- AID - help support or assistance - before and at time of offence - hold down victim ABET - encouraging or inciting - at time of commission of offence - buying illegal ticket COUNSEL - Advising soliciting or encouraging - before offence - hiring hit mam PROCURE - to produce by endeavour - before and or at time of offence - spiking drink so caught drink driving **NOTE - principal offence must have been committed for accomplice to be guilty - can't be accomplice after the event - victims can't be accomplices - mere persons at scene not sufficient

Answer 124

- if strict liability does not need MR even if principal does National coal board provides 2 examples of MR required 1) intention to commit act that assisted/encouraged primary offence - not intention to commit, intention to do act that aided, abetting , counselled or procured primary offence - only needs to have delib spoken or acted in way amounted to encouragement even if did not want or intend to assist in the commission of a crime 2) Knowledge perpetrator is committing or is going to commit relevant principle offence - does not need to know exact details. merely contemplated a real possibility that principle might commit the relevant offence - subjective test what ACTUALLY foresaw and not what OUGHT to have foreseen - may be liable even if principal commits offence different to one intended

Answer 125

AR - - 2 or more - more than mere discussion - no need to agree on upon details - can't conspire with spouse or child, can with spouse if 3rd party - can proceed on one def only MR - intention to agree and intention offence to be committed NOTE -Can be convicted if play any part, some cases say must be an intention to achieve a result -Conditional intent also sufficient to commit an offence if certain circumstances arise, is also sufficient to establish both the AR and MR

Answer 126

1) PACE 1984 2) CODES OF PRACTICE 3) Public Order Act 2023 4) National security act 2023 - royal assent 11.7.22 - extends powers national security

Answer 127

- no power to make "routine stop" UNLESS under RTA for 24 hr period under terrorism legislation - police do have power to stop/search person/vehicle for: 1) weapons, items adapted for crim - s1(2) & s1(8A) 2) Drugs -misuse of drugs act 1971e -s87 Serious Crime Act 2007 3)where serious violence anticipated

Answer 128

-Reasonable suspicion - objective , fairly without discrimination - reasonable force- when exercising search powers - Compliance - comply with rules in codes - can't require to remove clothes in public. - info must be given to those being searched - if police aren't in uniform- must take reasonable steps to show warrant card, purpose of search, name and object of the the search ANY MAJOR BREACH OF ANY OF THE RULES WILL RESULT IN SEARCH BEING EXCLUDED FROM TRIAL

Answer 129

Common law -any citizen can arrest where threat of breach of peace PACE - - can arrest if guilty of committing, or reasonable grounds to suspect guilty - MUST believe arrest necessary because: 1) need name and address 2) to protect child vulnerable person 3) allow prompt effective investigation of offence 4) prevent physical injury, damaging property, offence public decency and obstructing highway 5) to prevent disappearance of def to avoid prosecution

Answer 130

- Low burden - reasonable grounds to suspect - burden more substantial when arrested, must: 1) - def told promptly why and reason for arrest, even if obvious. Failure to give reasons can be subsequently rectified. 2) - taken to police station as soon as practicable. Unless street bailed to told when and when to attend station 3) - Right to legal advice 4) - cautioned on arrest & prior to interview

Answer 131

1) - right to enter premises if - for recapture, execute warrant, arrest, preserve life & limb or property 2) - Warrant from mags - if reasonable suspicion offence committed or material to seize. 3) - can enter occupied or controlled premises - with reasonable, grounds as above 4) power of seizure - with content and any of above

Answer 132

- suspect must be brought before as soon as practicable - responsibilities - authorise detention, risk assess, inform of rights, custody record, search, authorise search, decision charge or bail- must bail unless exceptions

Answer 133

1) - Clean 2) - 1 suspect per cell 3) - drinks 2 light 1 main mean per 24 hours 4) - medical attention 5) - Juv not in cell with adult 6) - toilet and washing facilities 7) - if practical outdoor exercise 8) - Juv not in cell unless no secure accommodation.

Answer 134

- when first arrives at station - only in rare circumstances 24 hours after time of arrest, whichever is earliest. - if attends voluntarily, or accompanies PC to police station WITHOUT being arrested, then arrested t station - relevant time is time of arrest at police station

Answer 135

- if arrested and charged reviews by custody sergeant - if detained and not charged reviews but by Inspector or above - all reviews documented in custody record - first review no later than 6 hours after detention authorised and then every 9 hours thereafter.

Answer 136

- detained without charge for 24 hours - can be extended to 36 hours for IND/EW offences to secure or preserve evidence, or further questioning by rank of SUPERINTENDENT or above . - can be extended to 72 hours - only by magistrates warrant - on oath and notice -and for IND/EW offences - can be extended to max of 96 hours with further magistrates warrant for further detention. - following this charged, released unconditionally or on bail - Must be listed before each period expires -before 2 mags or judge

Answer 137

- held to positively ID or eliminate suspects - must have where: 1) witness claims will or has I/D witness 2) witness not given opportunity of ID parade already 3) ID issue where suspect disputes being person witness claims EXCEPTIONS - suspect known to witness - suspect admits at scene

Answer 138

1) Video Identification 2) ID parade - in person 3) Group ID 4) confrontation - rarely used

Answer 139

Known & available - hold ID parade and if refuses treated as "known but not available" unknown - may take witness to area to ID suspect, if guidelines complied with could be shown pics Known and not available - known and available in short time - could carry out covert ID or group ID and in very rare circumstances confrontation. CONSEQUENCES of not participating - - may be adduced at trial - ID may be covertly done

Answer 140

- with consent -when known and available - shown series of pictures, all resemble each other - must be 8 and any distinct features copied or covered - or known or not available and previous pictures held Suspect/sol should see images before shown to witness, and any objections raised then

Answer 141

- lined up with similar people -8 -Must conceal/cover unusual features - suspect may choose and change position in ID parade

Answer 142

- not same control as ID parade, but ID officer must be satisfied over period of time witness observes group witness will see form time to time a number of others whose appearance is broadly similar

Answer 143

- last resort - witness confronts suspect - does not require consent of suspect, less controlled.

Answer 144

Yes - R V Phillips (Conner)

Answer 145

- ID officer separate to investigation, rank of Ins and in uniform - suspect provided with notice of procedure. - ID officer must inform suspect: 1) Right to refuse & consequence 2) Right to legal advice, sol or friend present 3) sol provided with initial description given by witness 4) special arrangements for juveniles or vulnerable people

Answer 146

-Intimate samples =blood, semen, other tissue fluid, urine, pubic hair, dental impression or genitalia swab - appropriate consent from suspect required. Sol must inform suspect that adverse inference may be made at trial if refuses. - authority of a least inspector or above required- must have reasonably belief sample will confirm or disprove suspects involvement.

Answer 147

- can be taken without consent - can use reasonable force if: 1) detained person for recordable offence 2) suspect informed reason sample needed 3) detainee informed of powers used 4) no previous samples taken - include Hair, nail, saliva, skin impression or non intimate bodily swab

Answer 148

- taken without consent and with reasonable force if informed reason for sample and powers used

Answer 149

- without consent and reasonable force used

Answer 150

- must be authorised by inspector or above - must be reasonable grounds to believe drugs concealed intimately and search required - carried out by nurse/doctor, or by PC as last resort - suspect must consent, appropriate adult for child. -Must be informed will cause harm if doesn't consent

Answer 151

1) to consult codes of practice 2) consult solicitor in private - this can be delayed by SUERINTENDENT or above for max of 36 from time suspect arrives at police station - if officer believes speaking to sol will interfere with or harm evidence or person or hinder recovery of property -can be restricted to telephone advice with solicitor in certain circumstances. 3) right to have someone informed of arrest -by phone call- relative, friend, someone re welfare. - can also be delayed by INSPECTOR or above, for max of 36 hours, where believed notification will lead to any of outcomes detailed above

Answer 152

- when attending a voluntary interview - on arrival at police station alleged to have committed offence - commencement or recommencement of interview - if declines must be noted on custody record. NOT AVAILABLE FOR NON- IMPRISONABLE OFFENCES

Answer 153

- speak to custody officer - ask not to I/V before you arrive, basic information, time of arrest, arrival at police station or detention authorised - if on phone - check want legal advice, advise to say nothing until you arrive - consider funding - look up law

Answer 154

-check client knows there -obtain details of time of arrest and suspects details and arrest time, PACE compliant. - disabilities or vulnerabilities - significant comments made, sample taken? - obtain custody record - obtain typed disclosure - speak suspect ensure fit to be I/V - advise if should answer questions

Answer 155

ADVANTAGES answering questions = -if have defence intend to rely on at trial, better to put on record to avoid adverse inferences - if believe will be no charge - 1/3 reduction possible for guilty plea - if caution available, will need to admit the crime to be considered DISADVANTAGES answering questions = - may incriminate themselves - places suspect at scene - burden on pros so no answers may result in no charge

Answer 156

ADVANTAGES - - consider what says in controlled environment, won't incriminate themselves - has defence but would incriminate in interview -prevents inferences as long as evidence at trial consistent with prepared statement. DISADVANTAGES - may give additional information to the police - may need to put more than one written statement in

Answer 157

ADVANTAGES - maintains control won't incriminate or give police info - complicated nature need time to consider -denies offence and no defence - inadequate disc not enough to charge DISADVANTAGES Adverse inferences may be inferred s34,s36,&s37

Answer 158

ADVANTAGES - allow to make important pints without self-incrimination DISADVANTAGES - if answers ANY questions then WHOLE interview admissible. Inferences may be drawn from failing to answer some questions. Therefore this rarely advised.

Answer 159

- unable to appreciate significance of questions - can't understand what is happening - drunk/drugged or illness

Answer 160

1- Yes, reminded of right to legal rep at start of interview and can delay to obtain 2 - no, but they can interject to clarify or correct inappropriate question 3- only if intends to plead G. If admits guilt to you then enters NG cannot represent.

Answer 161

- Juveniles - Unable to speak/understand English -Mental health disorder that prevents understanding or communicating - Blind, unable to read, deaf or speech impeded

Answer 162

-must have appropriate adult present - unless superintendent or above does not feel will significantly harm person physical or mental state & delay could lead to: 1) interference of harm to evidence or physical harm to people 2) serious loss or damage to property

Answer 163

- ID who is responsible for welfare of vulnerable person and advise of arrest and need to come to police station. JUVENILE - person responsible, if not -social worker, if not - responsible adult not with police. VULNERABLE PERSON - relative guardian or other person responsible for care or custody, if not, - someone experiences in dealing with vulnerable people, not police, or if not, responsible adult over 18. - girls u18 must be dealt with by a woman - adults and juveniles not to be mixed, unless family member or jointly charged

Answer 164

-suspect -Victim or witness - involved in investigation - received admissions from suspect before acting - solicitor -estranged parent who suspect doesn't want

Answer 165

- support, advise - ensure understand proceedings and right to legal rep - check police fair and appropriate - assist communications with police and vulnerable person

Answer 166

Under 14 - only parent and guardian can consent Over 14 - child consents plus additional consent from parent/guardian

Answer 167

1) community resolution - disposal by informal agreement, therefore no criminal record. 2) youth caution - must be sufficient evidence to charge, must admit and in PI to proceed 3) youth conditional caution - same as caution but conditions added and if not complied with could prosecute.

Answer 168

ADVANTAGES - no charge, court or criminal record DISADVANTAGES - Record, SOR, samples retained, disclosed to employers, may still lead to prosecution, referred to YOT and may be brought up at subsequent hearings.

Answer 169

YES Unless: - charged murder - unless no sig risk -convicted of murder, manslaughter, rape - charged with one of above and has previous conviction for same offence - appealing summary conviction or summarily convicted awaiting CC sentencing

Answer 170

Pre conviction - -3 days in custody to the police -Then if remanded at court must appear again within next 8 days -Then if remanded again within next 28 days -Then if remanded again within 28 days etc etc until trial -If convicted; -Adj 3 weeks for PSR and sentence -4 weeks if on bail CTL 56 - mags 182 - CC Once in CC no set dates can be remanded up until CTL expiry

Answer 171

1 - an indictable/EW offence committed whilst on bail - if realistic prospect conviction 2 - breached bail or FTS when previously granted bail 3 -own protection 4 - DV exception 5 -not enough info to make decision (para 5) Note only considered if "real prospect" of custodial sentence

Answer 172

a) nature & seriousness offence b) character record associates and community ties c) bail record d) strength of evidence against D e) risk of CFO f) personal factors g) any other relevant factor

Answer 173

-Mags cannot grant bail. In mags confirms name and immediately sent to CC to appear within 48 hours, starting day after def appears or brought before mags court. - CC Judge will only consider bail if there is no significant risk DV ground

Answer 174

EXCLUSION - right to bail doesn't apply EXCEPTION - need not be granted bail if there is a reason to refuse bail. - used when dealing with grounds for refusing bail

Answer 175

- def is 18 - not been convicted of offence in these proceedings - no real prospect of custodial sentence - risk absconding, I/W or FO -CFO -arrested for absconding

Answer 176

- on bail date of offence - not sufficient info

Answer 177

- must be satisfied one of the para 8 factors apply, these being; 1) one of para 2 factors applies CFO, IWW and FTS 2) Necessary for own protection 3) Necessary to enable enquires to be made for PSR

Answer 178

1) fail to surrender to court without reasonable excuse 2) having a reasonable excuse, but then subsequently failed to surrender Sentence Mags - 3 months up to £5000 fine Crown - 12 months - unlimited fine If surety or security in place that would then be forfeited.

Answer 179

1) - 2 unless there is a change in circumstance which allows further application to be made 2) Yes can be appealed to CC within 48 hours of application in MC - Judge in chambers 3) Yes prosecution can bail appeal Mags to CC CC to High CT - only when charged convicted imprisonable offence - must give oral notice at end of hearing and then formal notice not more than 2 hours later. Defendant remains in custody until bail appeal in CC or high court

Answer 180

- Form CRM14 interests of justice CRM15 Means test, to legal aid authority Test= 1) Interests of justice test - merits test Widgery criteria 2) Means Test

Answer 181

1 - Likely to loose liberty inc suspended sentence and hospital orders included 2 - in breach suspended sentence 3 - likely to loose livelihood - linked to offence 4 - serious damage to reputation 5 - involves substantial question of law - must be identified 6 - may not understand proceedings - disability, doesn't understand English 7 - defence may need to trace and I/V witness 8- involves expert cross examination of witness - prosecution witnesses 9 - Interests of another represented 10 - any other reason Yes - more serious the charge more likely it is to get legal aid. If U18,m facing CC trial or committal for sentence, IOJ test automatically met- not met automatically for appeals to CC If fail IOJ test in mags then sent to CC IOJ will be automatically met If fails merits test in Mags - can be appealed

Answer 182

1) check funds and income, to include family circumstances, kids, living cost essentials. Different in mags and CC. 2) Passporting - automatically pass means test if: - U18 - Receive welfare benefits, income support, need NI to consider 3) Initial means test and then full means test. If result of Initial Means Test- adjusted annual income is more than £12,475 and less than £22,325. Full means test used to assess disposable income

Answer 183

1) Mags - limited to income of defendant CC- includes income, capital and equity, may be liable to contribute to funding 2) Gross income & any necessary weighting = adjusted annual income then compared to threshold

Answer 184

AAI OUTCOME £12,475 or less Yes in Mags & CC +£12,475 - less Mags - depends on than £22,325 full means test CC - as in mags +may have to contribute. £22,325 or more Mags - NO CC - depend FMT & may have to cont. £37,500 of Disp CC - NO Income Not avail in MC -If def fails means test or thinks will, but has exceptional financial circumstances a hardship review may be submitted -No right of appeal if then fails means test. IF granted solicitor can claim for helping fill in the application form.

Answer 185

- used when adjusted annual income (in initial means test) is more that £12,475 and less than £22,325. - consider annual living allowance -£5,676 together with any necessary weighting - that gives adjusted living allowance/annual disposable income -this is then compared to the threshold set by legal aid agency - greater than £3,398 but less than £37,500 - Mags- No CC - may have to contribute full or part

Answer 186

- greater than £3,398 but less than £37,500 - Mags- No CC - may have to contribute full or part - above £30,000 in capital or equity and convicted may have to contribute towards any remaining balance against defence costs

Answer 187

- remains silent in interview, then puts forward fact at trial that could have mentioned in I/V - silence due to legal advice, not enough unless can show genuinely and reasonably relied upon advice and that was why silent. Take into account ARGENT FACTORS - age, mental capacity, health, sobriety and tiredness -its must also be satisfied that, proceedings started, failure was before or on charge, reasonable to mention fact before or on charge. - if police disclosure poor - may be grounds to remain silent

Answer 188

- no obligation to give evidence - can lead to inferences being drawn. - "without good cause", "no answer that would stand up to cross exam" - inferences if answers some but not all questions - Must take account of defs physical/mental state - if undesirable to give evidence - no inferences - Must be made aware of consequences of not giving evidence

Answer 189

s36 - fail to account for object, substantial mark found on person, clothing, possession or where arrested. s37 - Account for presence in a particular place

Answer 190

s34- silence when questioned or charged s35 - FT testify at trial s36 - FT account for object mark s37 - FT account for presence at scene

Answer 191

- Inference CANNOT be drawn if def hasn't been offered legal advice prior to interview. -BUT if offered and declines then inferences can be drawn - In relation to s36 and s37 - def must be be given "special warning" and told: 1) offence being investigated 2) what fact is def being asked to account for 3) the fact may be due to them taking part in the offence 4) that a court may draw such inferences as appear proper if they fail or refuse to give account for this fact 5) Told record being made of the interview and may be given in evidence at trial

Answer 192

- relates solely to confessions, permits or excludes confessions - CONFESSION = made to person in authority or not (can be made to a friend under s82), and made in words or otherwise eg int recorded or gesture. - A confession is an exception to the general rule that hearsay is inadmissible

Answer 193

Exculpatory - demonstrates innocence, includes co- defendants and may not be conclusive Inculpatory - demonstrates guilt

Answer 194

Permit - if can prove confession admissible beyond all reasonable doubt - permitted unless shown obtained by oppression, obtained unreliably by police and if will have an adverse effect on proceedings Excluded - if obtained by OPPRESSION- torture, degrading, but also police interrupting shouting and swearing, causal link must be shown - if obtained UNRELIABLY - involves breach of PACE - taking advantage of suspects vulnerability or emotional state, must be causal link * defendant can seek to adduce confession of co-def - BUT only if not obtained by oppression, bad policing or adverse effect - ONLY needs proved on balance of probabilities*

Answer 195

1) by way of a Voir Dire -trial within a trial. If finds obtained by oppression or unreliable - MUST exclude 2) Yes same procedure BUT if found MAY exclude not MUST

Answer 196

1) - applies to all evidence - discretionary - MAY exclude not MUST -Even where evidence capable of exclusion - eg confession s76- MAY still be excluded under the discretionary power of s78 2) - single breach NOT likely to succeed, breach must be significant and substantial R V Walsh - must consider how serious the breach is R v Mason - lying saying had fingerprints when didn't, resulting in confession - confession excluded under s78. - CT decide if probative outweighs prejudicial

Answer 197

NO - Pros can only apply to exclude under common law basis of relevance ie irrelevant

Answer 198

1) Was INT properly conducted 2) SIG breaches of PACE? 3) Confession mad - definition and apply criteria 4) confession excluded under s76 5) other evidence may be excluded under s78

Answer 199

1) Before trial- ID parade etc or Dock ID - Pros cannot invite a dock ID unless: a) Impractical, unnecessary for witness to carry out ID b) Exceptional circumstances 2) Judge must give Turnbull direction, which is a) warns jury even good CCTV can be mistaken, especially when case rests solely on it- Need for caution b) Identify how each witness identified the Def c) invite submissions where ID poor & unsupported. If then appropriate withdraw from jury at close of prosecution case b) & c) following factors should be considered: ADVOKATE A- A sustained look or fleeting glance D - distance between parties V - Visibility O -observation impended K - known to witness A - Any reason to remember T - Time elapsed since witness saw suspect E -Errors discrepancies, defs appearance ** only required when pros case relates solely or substantially on the visual evidence***

Answer 200

- statement made by a person: a) outside of CT - relaying what told by another person b) Where purpose to cause another to believe or act on the content of that statement c) statement relied on as evidence of matter stated

Answer 201

- starting point is hearsay is INADMISSABLE -there are 4 exceptions which would make hearsay admissible 1) Parties agree to it being admitted 2) Common law rule making it admissible s118 inc public info, res gestae. 3) Court satisfied in interests of justice to admit it s114(2) inc factors such as : : probative value of statement : what other evidence can be given on the issue : reliability of maker of state and circumstances in which made 4) Admission under another statutory provision, the main provisions are: a) - witness missing s116 : - oral evidence would be admissible - person who made statement identifiable - witness unavailable because: : Dead : Mentally or physically unfit : Outside of UK return unreasonable : Cant be found and reasonable steps taken to try and find : Afraid to testify and CT grants leave b) -Business documents s117 ; - created, received in course of business - person supplying info had personal knowledge of matters D/W; and -everyone informed in course of business c) - Evidence previous inconsistent statements s119 d) Evidence supplementing oral testimony s120

Answer 202

1) a) serve notice - id hearsay, facts relying on, facts proven if disputed, why evidence admissible, attach documents not already served b) does other side object if not then admissible if rules followed c) Apply to ct d) Ct consider if will be hearing or not 2) Mags - no more than 20 days after NG plea 3) CC - no more than 10 days after PTPH

Answer 203

1) ss19-20 MCA 1980 2) S22A MCA 1980 - low value shop theft - summary but if NG can elect & damage under £5000 (this can't go on own for sentence though) 3) s50A Crime & disorder Act 1998 4) s51 CDA 1998

Answer 204

1) send cases directly to CC - IND only matters 2) BCM - getting it right first time, case ownership, duty direct engagement and consistent judicial case management 3) - Full credit - G plea 1st opp - 33% - G plea 1st hearing in CC = 25% - G through trial - 10%

Answer 205

- list within 28 days of transfer (serve max 35) - serve Indictment and principal case I/C 7 days prior to PTPH - following PTPH only further CMH if complex or need to set ground rules hearing - If charged with indictable and ew offences can all be sent together as linked offences - s50(A)(3) - JUV charged with IND offence joint with adult can be also sent to CC if considered in the interests of justice. - serious complex fraud cases can be sent without allocation - s51(c)

Answer 206

- not obliged to enter plea, but no plea taken as NG -sol advises def on venue, pros n cons: Pro's mags - quicker, cheaper, less stress, less publicity, can appeal without leave to cc Pro's CC Juries sympathetic, more time to prepare, disclosure compulsory, questions law better DW. -Decision then made under s19 - CC - allocate under s21, mags - retain under s20 - Def before deciding on venue and after mags have retained jurisdiction can ask for Goodyear direction = indication of sentence, not held by this, but if indication no prison can't then be given prion by any court. ONLY APPLIES if changes plea to guilty. Def can be asked following this if want to reconsider plea

Answer 207

-governed CrPR Par 15 & CPIA 1996 - pros under continuing duty re disclosure - if def dispute what disclosed, to apply for disclosure must serve defence statement first - No duty in mags for defence to serve defence statement but if do, pros have 14 days to respond - In CC must serve defence statement within 28 days of pros initial disclosure - defence statement must include - what takes issue with and why, law intends to rely on, defs involvement, any alibi and details.

Answer 208

1- Gateways a- agreed by parties b - def adduces evidence himself in CT which automatically puts his bad character in c - Important explanatory evidence d- relevant to important matter in issue between def and Pros ie - propensity to commit same crime or propensity to be untruthful *HANSON FACTORS - History from pre cons, strength case e - substantial probative value f - evidence to correct false impression given by def g - def has made an attack on another persons character 2) Mags - 20 days following NG plea CC - 10 days following NG plea Response to both within 10 days App can be in CT or in private 3) App & app to exclude served CT can exclude under s101(4) - must consider length of time since conviction and facts which form basis of B/C app. - s101(3) - Fairness can also be under s78 - fairness but NOT in relation to evidence admitted under s101(1)(e) - s107 - contaminated evidence

Answer 209

a- important explanatory evidence b- substantial probative value c - all parties agree to evidence being admissible

Answer 210

- Judge can give warning to jury in respect of: * accomplice given evidence for prosecution * Complainants in sexual cases * Children * Mentally unstable witness * Witness made previous false statement * witness clear ulterior motive for making statement

Answer 211

1) - Punishment, Protection of public, reduction of crime, reparation by def and rehabilitation. 2) -12 months for 2 x 6 months. - PCSA 2022 increased ass EW from 12 - 2 years - child grooming scope of offences increased - add damage to memorial - whole life order murder child

Answer 212

1) - realistic prospect rehabilitation - strong personal mitigation - custody result in significant harm & impact on others 2) - risk to public/community - custody only realistic punishment - poor compliance with court orders 3) the sentence is imposed or lesser sentence, or fine not exceeding £2,500 4) only when sufficiently serious offence- punishable by imprisonment and defendant suitable for requirements. - 1st breach of CO - warning, if warning within last 12 months may bring back to CT and resentence

Answer 213

- only defendant can appeal to CC - PROS & DEF can appeal by way of Case stated. APPEAL TO CC - can be appeal conviction or sentence - Appeal conviction - total retrial - no obligation on Pros to put case as they did in Mags, can introduce new evidence. - Judge and 2 - 4 mags - Appeal sentence -complete rehearing of sentence hearing in mags. - No right to bail awaiting appeal. If wants to make bail app must be lodged with appeal notice - notice no more than 15 days after defer/pass sentence. Told within 80 days of date of hearing - If lodged within time no leave required, automatic right to appeal - notice can be made to abandon appeal , but if do that no right to restart appeal - CC can vary, reverse or remit decision

Answer 214

1) Mistake/Incorrect Procedure - can ask to set aside conviction vary or rescind sentence. - If thinks serious mistake or correct steps not followed - court consider if in interests of justice - no time limit to re-open- delay ill be taken into account 2) Unaware of case - mainly in traffic cases if convicted and not aware of case can make statutory declaration to CT or commissioner on oath within 21 days of finding out - if accepted proceedings start again and conviction set aside. 3) where disagree with decision - need to appeal to CC - governed by part 34 Criminal Procedure Rules

Answer 215

1) By case stated to Divisional CT of Queens Bench Division part 35 CPR 2) - restricted to appeal based on law - heard by admin CT sitting as divisional CT of queens bench - High CT as appeal CT - Grounds are 2 fold * wrong in law - misapplied, admitted what shouldn't have been *Decision in excess of jurisdiction *** FACTUAL DISPUTE NOT SUITABLE*** A) App must apply within 21 days of acquittal, conviction or sentence B) within 21 days of application LA prepares statement of case in consultation with * outlining facts called into question *stating facts as found by mags * state mags findings on point of law being challenged and question divisional CT being asked to answer C) final form of case stated sent to appellant to lodge at royal CTS of Justice London, serve notice and copy case stated on respondent D) appeal heard by divisional CT NO evidence, merely on basis of legal argument on facts of case stated E) divisional CT may review amend or affirm or remit decision with opinion and direction NOTE -Once defence apply to state a case APPEAL to CC LOST - If appeal to CC & loose CAN THEN apply to case state. - CAN FURTHER appeal to SUPREME CT if involves point of law of general public importance, leave is obtained from HC or supreme court - Costs can be awarded to either party out of central funds

Answer 216

1) - YES - granted by CC or following application. Needs to be lodged within 28 days - Conviction unsafe - sentence not proportionate with seriousness of crime - lower CT made error on point of law 2) APPEAL CONVICTION - Yes can introduce fresh evidence if in Interest of justice to do so- will consider if credible, affords a ground of appeal and would have been admissible at trial and whether reasonable explanation for the failure to adduce it at trial APPEAL SENTENCE - NO - for appeal sentence must show wrong in law, manifestly excessive or wrong in principle. 3) - Leave to appeal can be granted by trial judge in Court at time of guilty verdict - Or for appeal conviction - within 28 days of conviction - Or for appeal sentence - within 28 days of sentence - Heard before uneven number of judges in divisional CT or Appeal CT ( Crim division) 4) NO - must appeal up a court, with leave, if want to appeal again 5) Pros can appeal from CC to Criminal division of court of appeal. BUT only in limited circumstances - NOT where acquitted - CAN where against termination ruling - where judge accepted no case to answer submission - CAN where applying for retrial of qualifying offence - qualifying offences = Murder, attempt murder, manslaughter and aggravated arson. - must obtain DPP consent and and be new and compelling evidence 6) - Defence can appeal to Supreme court but only if CT of appeal certifies the decision is on a point of law of general public importance, and defendant gets leave to appeal from either the court of appeal or the supreme court - within 28 days of decision. - when permission granted - defendant must serve notice within 14 days

Answer 217

1) Delivery meaningful consequences for offending, Crime Prevention, Rehab & reintegrate offenders. 2) - Age criminal responsibility in England & Wales is 10 - Youth/JUV = U18 - Young Person/Young offender = 14-17 (inc) - Child =10-13 (inc) - general rule is youth tried summarily in youth court unless: * Age at time * Offence charged * youth jointly charged adult - If 17 when charged then 18 when 1st appears at CT - D/W as adult Youth CT not jurisdiction - If 17 when charged & turns 18 after 1st appearance - D/W in youth CT but may remit for sentence to adult CT with all options - if 17 when charged & 18 during but not before end of trial - Youth CT has jurisdiction can D/W as youth OR has option to remit to adult CT 3) Aged 18-25 YOI - holding only people within that bracket, secure centres not prisons

Answer 218

1) - Murder, manslaughter & attempts - firearms offences - minimum term 3 years BUT only where 16 or over - Fraud or cases involving children- must be authorised by DPP. 2) - Covered by Dangerous Offenders Provisions - CT MAY send to CC where: *charged with specified offence - violent, sexual or terrorism offence *court considers dangerous offender - if of opinion significant risk to public of serious harm caused by child /young person committing further specified offence. Risk MUST be more than mere possibility * a custodial sentence of at least 4 years would be imposed. - If found MAY send to CC - if difficult to make decision will remain in Youth court with option to then commit to CC for sentence. 3) GRAVE CRIME - - serious offence, punishable with sentence of 14 years or more if offender 21 or over - serious offence = Robbery, GBH/wounding W/I s18, Agg crim damage and Agg arson - A plea before venue hearing must be heard and if: - G plea proceed to sent and commit to CC if necessary - NG or no plea, proceed to allocation TEST is - real prospect receive sentence in excess of 2 years - Youth has NO right to elect

Answer 219

1) If charged jointly adult always D/W first - Youth and adult appear together in adult court - Adult NG & trial in mags = Youth will be tried will adult in adult CT, if convicted or adult pleads guilty, case remitted to youth court - Adult NG and allocated = if charge with offence that should be sent forthwith then send, if not PBV hearing conducted, youth usually dealt with separately in youth court UNLESS in interests of justice to send to CC - Adult G and committed for sentence, youth remitted to youth court 2) IOJ consider - separate trials result in injustice to case and witnesses - Age, younger they are more likely youth court - Age gap youth and adult - Lack of maturity Culp of youth as opposed the adult - lack of pre cons

Answer 220

1) - Age ,seriousness, likelihood reoffending, extent harm from Further offending & adult principles sentence including: - avoid criminalising young people aim for rehabilitation, maturity, scaled approach taking into account Youth offending team intervention 2) Referral Order- youth agrees contract with youth offending panel, must comply to prevent reoffending - can be made in YC or AC BUT NOT CC. - MANDATORY where: *have no pre cons *G pea imprisonable offence *proposing custody CD or discharge *not offence where sentence fixed by law - BUT MAY impose: *G non imprisonable offence *G some offences but not others then convicted of those after trial *Has pre cons but never had RO - YOT recommends further RO RO Max = 3 - 12 months Less serious 3-5 Serious -10-12 Detention & training orders - form of custody - held in YOI - Only make if fine or community sentence not sufficient - IF 10-11 - CANNOT make DTO - IF 12-14 - DTO ONLY if persistent offender - 15-17 - can make - Made for fixed term 4,6,8,10,12,18,or 24 months- can only be longer if in CC - Must be represented unless refuses to apply for Legal aid or funding withdrawn YOUTH REHABILITATION ORDER -community based - Discretionary order made up of: * Activity requirements up to 90 days *Supervision requirement * Unpaid work 40- 240 hrs - requirements must be proportionate and not onerous to make breach inevitable - if 14 when at time of offence and 15 when sentence very rare that will be sentenced as 15 year old.

Answer 221

- lay bench - your worships sir/madam (letter Mr& MRs) - DJ - Sir madam or Judge (DJ... - Circuit judge - your honour (his/her honour... QC) - Hight CT Judge - My Lord/My Lady (the honourable)

Answer 222

1) Competent - may be called to give evidence - Generally all competent unless: * Intelligible testimony test - unable to understand questions, or give answers that can be understood 2) Compellable - lawfully required to give evidence 3) Objection to competence before give evidence in absence of jury. PART CALLING must PROVE competence on BALANCE OF PROBABILITIES 4) FOR PROSECUTION - DEF - Not competent - Co-defs - NOT Competent or Compellable unless jointly charged and pleads guilty - Spouse/civil partner - Competent, NOT compellable. UNLESS offence includes children DV or sexual offence (or attempts THEN Competent FOR DEFENCE - DEF - competent but not compellable, adverse inference can be drawn if doesn't give evidence - CO-DEF - as above - Spouse - Competent and compellable

Answer 223

Leading - suggest answer or assume facts not yet in evidence Non- leading - don't suggest answer or adduce facts not in evidence Examination in chief - leading questions not permitted Cross Exam - leading questions permitted Re- Examination - leading questions not permitted

Answer 224

- support pros and def witnesses - limited help for defendant - only where suffer mental disorder, significant impairment of intelligence and social function - automatic pros witnesses in sexual offence, violence (DV) knife/gun crimes, child witness - Jury directed no prejudice to def by use of special measures

Answer 225

- Submissions usually at end of pros case where: * no evidence crime committed - no difficulty case stopped * Judge concludes pros evidence at highest is such properly directed jury would not convict - case stops - strengths and weaknesses of pros witnesses SHOULD be matter left for jury. In murder, attempt murder, manslaughter, s18 or s20 submission is not made at end of pros case BUT IS MADE at close of all evidence.