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SQE 2 (MINE) > Criminal Advocacy > Flashcards

Criminal Advocacy Flashcards

1
Q

How do you refer to defendants

A

The crown

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2
Q

Requirement for assault and battery

A
  1. Apprehend immediate unlawful force
  2. Intention or reckless to this
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3
Q

What case included psychiatric harm to offences against the person?

A

R v Ireland

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4
Q

What are the offences against the person?

A

S47: ABH
S20: GBH
S18: GBH with intent

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5
Q

What are the theft offences?

A

S1- theft
S8- robbery (force/ fear of force(
S9- burglary
S10- burglary and entering with a weapon with intent to steal, GBH, or criminal damage

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6
Q

What value of theft makes it an either way offence?

A

£200

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7
Q

What value of criminal damage makes it either way?

A

Over £5k otherwise summary

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8
Q

What is M/R for criminal damage?

A

Intention / recklessness

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9
Q

Difference between factual and legal causation?

A

Factual: ‘but for’
Legal: intervening act

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10
Q

Requirements for loss of control?

A
  1. Qualifying trigger
    (Fear of serious violence ect)
  2. D feels wronged
  3. Consider for age sex and tolerance would have acted similarly
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11
Q

Types of fraud?

A
  1. False representation: dishonestly misreps to gain / cause loss to another
    2: abuse of position: obligation to safeguard and doesnt eg financial
    3: failing to disclose: must have legal duty to disclose eg in contract
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12
Q

When is intoxication a defence?

A

Specific intent crimes eg - arson, burglary, robbery, murder

Must prove had no intention and if voluntarily intox then its reckless so lower offence

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13
Q

Requirement for attempting to commit an offence?

A

Beyond mere preparation

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14
Q

Who can delay legal advice?

A

Officer of superintendent or above and only if reasonably believe
A) interfere or cause harm
B) alert others

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15
Q

What is the max amount of time legal advice can be delayed for?

A

36hrs

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16
Q

What is the detention clock?

A
  1. 24 hour
  2. 36hrs (superintendent or above extend)
  3. 72hrs (court order to extend from magistrates)
    4.96hrs (max)
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17
Q

When is detention review clock?

A

When detention reviewed
6hrs
9hrs later (at 15hrs)
24hrs

18
Q

What section of bail act is right to bail?

A

S4

19
Q

Exceptions to bail

A

Believe may 1) interfere with witness 2) commit offence 3) abscond

20
Q

What test for criminal legal aid?

A
  1. Interest of justice
  2. Means test (more than £240 a week)
21
Q

Grounds for admitting hearsay

A
  1. Witness unavailable
  2. Business
  3. Inconsistent statements
  4. Both parties agree
  5. Confession evidence
  6. Interest of justice
22
Q

S76 of Pace

A

Disputed confession evidence cannot be used unless P prove beyond reasonable doubt was not obtained by:
1. Oppression made it
A) unreliable
B) unfair

Burden on P to prove

23
Q

S78 Pace?

A

Discretionary
Evidence may be excluded on grounds that “regard to all circumstances would have such adverse effect on fairness court ought not to admit it”

24
Q

What are the 7 gateways to allow bad character evidence?

A
  1. Important matter in dispute between D and P
  2. Evidence given by D
  3. Important explanatory evidence
  4. Substantial value in matter
  5. All parties agree
  6. Correct false impression
  7. D made attack on anothers character
25
Q

When is a witness not compellable?

A

Defendant spouse of co-d is not compellable

26
Q

When can bail be refused?

A

Schedule 1 2(1) Bail Act 1976:
1. Substantial ground for believing:
A. Fail to surrender to custody
B. Commit offence whilst on bail
C. Interfere with witnesses or otherwise obstruct course of justice

2ZA
A) physical or mental injury

27
Q

What is s36 Criminal Justice Act 1994?

A

Adverse inference can be drawn from refusal to account for objects, substances or marks

28
Q

Modes of address?

A

District judge: Judge
Magistrates: sir or madam

29
Q

S76 pace

A

Exclude confession evidence
A) oppression
B) anything said or done that renders unreliblr

30
Q

3 exceptions to bail

A

Substantial grounds to believe;
1) fail to surrender
2) commit further offence
3) interfere with witness

31
Q

When can hearsay be admitted?

A

1- single
A) statue b) rule of law c)all agree d) interest of justice
- statute eg s116 CJA

2- multiple
A) business doc
B) interest of justice
C) previous inconsistent statement

32
Q

What is s116 CJA

A

When witness is unavailable only admitted if
A) oral would be admissible
B) identified to court satisfaction
C) 5 conditions

-dead
-unfit
- outside UK and unreasonably attend
- fear - relating to giving
- cant locate (reasonable steps to locate)

33
Q

What are the guilty plea reductions?

A
  1. 1/3 if at first reasonable oppertunity
    2.1/4 if at trial
  2. 1/10 if after trial begins
34
Q

What is appeal of case stated?

A

Appeal of point of law

35
Q

Appeal from Magistrates grounds

A
  1. Error of law or fact
  2. Sentence
36
Q

Appeal from crown court groubds

A
  1. Unsafe conviction (new evidence or wrongfully applied ect)
  2. Sentence
37
Q

How long to appeal magistrates conviction

A

21 days from sentence

38
Q

How long to appeal from CC

A

28 days from CONVICTION

39
Q

What section for bad character evidence

A

S101 Criminal Justice Act 2003

40
Q

3 requirements for special measures application

A
  1. Under 18
  2. Mental health
  3. Intimidated witness
41
Q

Test for denying bail?

A

SUBSTANTIAL grounds to believe ground under sch1 Bail Act 1976
1) interfere with witness
2) commit offence
3) fail to surrender

SQE 2 (MINE) (5 decks)

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