Criminal Advocacy Flashcards
How do you refer to defendants
The crown
Requirement for assault and battery
- Apprehend immediate unlawful force
- Intention or reckless to this
What case included psychiatric harm to offences against the person?
R v Ireland
What are the offences against the person?
S47: ABH
S20: GBH
S18: GBH with intent
What are the theft offences?
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
What value of theft makes it an either way offence?
£200
What value of criminal damage makes it either way?
Over £5k otherwise summary
What is M/R for criminal damage?
Intention / recklessness
Difference between factual and legal causation?
Factual: ‘but for’
Legal: intervening act
Requirements for loss of control?
- Qualifying trigger
(Fear of serious violence ect) - D feels wronged
- Consider for age sex and tolerance would have acted similarly
Types of fraud?
- 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
When is intoxication a defence?
Specific intent crimes eg - arson, burglary, robbery, murder
Must prove had no intention and if voluntarily intox then its reckless so lower offence
Requirement for attempting to commit an offence?
Beyond mere preparation
Who can delay legal advice?
Officer of superintendent or above and only if reasonably believe
A) interfere or cause harm
B) alert others
What is the max amount of time legal advice can be delayed for?
36hrs
What is the detention clock?
- 24 hour
- 36hrs (superintendent or above extend)
- 72hrs (court order to extend from magistrates)
4.96hrs (max)
When is detention review clock?
When detention reviewed
6hrs
9hrs later (at 15hrs)
24hrs
What section of bail act is right to bail?
S4
Exceptions to bail
Believe may 1) interfere with witness 2) commit offence 3) abscond
What test for criminal legal aid?
- Interest of justice
- Means test (more than £240 a week)
Grounds for admitting hearsay
- Witness unavailable
- Business
- Inconsistent statements
- Both parties agree
- Confession evidence
- Interest of justice
S76 of Pace
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
S78 Pace?
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”
What are the 7 gateways to allow bad character evidence?
- Important matter in dispute between D and P
- Evidence given by D
- Important explanatory evidence
- Substantial value in matter
- All parties agree
- Correct false impression
- D made attack on anothers character
When is a witness not compellable?
Defendant spouse of co-d is not compellable
When can bail be refused?
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
What is s36 Criminal Justice Act 1994?
Adverse inference can be drawn from refusal to account for objects, substances or marks
Modes of address?
District judge: Judge
Magistrates: sir or madam
S76 pace
Exclude confession evidence
A) oppression
B) anything said or done that renders unreliblr
3 exceptions to bail
Substantial grounds to believe;
1) fail to surrender
2) commit further offence
3) interfere with witness
When can hearsay be admitted?
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
What is s116 CJA
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)
What are the guilty plea reductions?
- 1/3 if at first reasonable oppertunity
2.1/4 if at trial - 1/10 if after trial begins
What is appeal of case stated?
Appeal of point of law
Appeal from Magistrates grounds
- Error of law or fact
- Sentence
Appeal from crown court groubds
- Unsafe conviction (new evidence or wrongfully applied ect)
- Sentence
How long to appeal magistrates conviction
21 days from sentence
How long to appeal from CC
28 days from CONVICTION
What section for bad character evidence
S101 Criminal Justice Act 2003
3 requirements for special measures application
- Under 18
- Mental health
- Intimidated witness
Test for denying bail?
SUBSTANTIAL grounds to believe ground under sch1 Bail Act 1976
1) interfere with witness
2) commit offence
3) fail to surrender
