Criminal GAPs Flashcards

Question

Allocation s20 Magistrates Court Act 1980

Answer 1

Defendant can ask for an indication of sentence

Answer 2

Either way offence sent to Crown Court if co-defendant charged with indictable offence

Answer 3

Must serve its evidence and any notice of intention to adduce bad character evidence within 28 days Certificate of readiness 7 days before trial

Answer 4

Serve defence statement within 14 days and notify prosecution which witnesses are to attend within 7 days Must give notice of intention to use hearsay or bad character of witness within 14 days Certificate of readiness 7 days before trial

Answer 5

Takes place within 28 days of being sent from the Magistrates Guilty plea = moves to sentencing. Consider any Goodyear indication Not guilty= Trial date is set by judge following submissions on base and practicalities of trial

Answer 6

50 Days (70 if on bail) Disclose material it intends to rely on at trial, unused material reasonably capable of undermining prosecution case or aiding the defence

Answer 7

Following prosecution disclosure, the defence have 14 days to serve defence case statement on both the prosecution and court

Answer 8

A - Amount of time witness observed suspect D- Distance between witness and suspect V - Visibility at time of observation O - Obstruction between witness and suspect K - Known or unknown to witness A - Any reason to remember suspect T - Time elapsed between incident and ID procedure E - Errors in initial account of suspects appearance If case is weak, the defence should ask the judge to withdraw the case from the jury

Answer 9

No obligation to give account - but adverse inference may be drawn Cannot be convicted on an adverse inference alone

Answer 10

Witness is unavailable Business document Document prepared for use in criminal proceedings and person cannot be expected to recollect matter Previous consistent or inconsistent statements of a witness Expert evidence Confession

Answer 11

Preserved by res gestae

Answer 12

all parties agree In the interests of justice - court discretion

Answer 13

Statement relayed through more than one person Less reliable

Answer 14

- business document - Consistent or inconsistent statement - All parties agree - The value of the evidence is so high that it is in the interests of justice

Answer 15

- Must be relevant to matter in issue - Defendant can challenge on the basis of mistake or untruth (s76 PACE) - Untruth = oppression or things said or done likely to render a confession unreliable - Prosecution to prove beyond reasonable doubt that confession was not obtained by mistake or untruth - Admissibility is determined at a Voir Dire

Answer 16

s78 PACE - Admitting the evidence would have such an adverse effect on the fairness of proceedings that it ought not be admitted - Court may but need not, exclude for unfairness - Used where evidence is likely to have been rendered unreliable

Answer 17

7 gateways: 1. All party agreement 2. Adduced by defendant 3. Important explanatory evidence 4. Relevant to important matter in issue 5. Matter in issue between co-defendants 6. Correct false impression given by defendant 7. Defendant attacked another's character

Answer 18

- Propensity to commit similar offences or to be untruthful

Answer 19

Must NOT admit the evidence if to do so would have such an adverse impact on the fairness of proceedings (stronger than for hearsay)

Answer 20

Judge required to give direction if of previous good character (no or old/irrelevant convictions) Discretionary if case features bad character evidence

Answer 21

Prosecution goes first Examination-in-chief Cross examination (process for each witness)

Answer 22

Takes place after prosecution have put forward their evidence Demonstrate that prosecution has not presented enough evidence to amount to a prima facie case Discretion for judge to grant

Answer 23

Magistrates (individual) - sir/madam Magistrates (bench) - your worships Crown Court - Your honour

Answer 24

Create consistency Obliged to follow unless in the interests of justice not to

Answer 25

Early guilty plea Previous good character Age health Feature of the offence itself - impulse

Answer 26

Summary (Single or multiple) - 6 months Single either way = 6 months Multiple either way = 1 year

Answer 27

Restricted by maximum for each offence

Answer 28

- Must lodge written notice of appeal with convicting court within 21 days - Matter heard by Crown Court judge and supported by 2-4 magistrates - Complete re-hearing so new evidence can be adduced - Can increase or reduce sentence but are restricted to Magistrates' sentencing limits - Can impose a costs order on the defendant if the appeal is unsuccessful

Answer 29

- Can be made by both prosecution and defence - Must demonstrate grounds that the decision is wrong in law or in excess of jurisdiction

Answer 30

- D must obtain leave to appeal from the trial judge or CoA - Appeal against conviction = only on grounds that it is unsafe - Appeal against sentence= wrong in law, wrong in principle or manifestly excessive. CoA cannot exceed the sentence handed down in Crown Court

Answer 31

- 10 to 17 - Grave and specified crimes are tried in crown court provided that the YC concludes that there is a real prospect of a custodial sentence of more than 2 years

Answer 32

Referral order Rehabilitation order Detention and training order