Criminal Justice

Question 1

Appeal a summary offence

Answer 1

MC - CC by D for retrial against conviction or sentence- Divisional court by way of case stated by either party on point of law (errrd in law or extent of jurisdiction) - SC on point of law of general public importance

Or

MC - Divisional court by either party - SC

Or ask MC to reopen case

Question 2

Appeal of indictable offence

Answer 2

CC - C of A - SC

By either D or P for all
SC - point of law of general public importance
CofA- leave to appeal from trial judge who thinks it is fit for appeal or C of A thinks it’s unsafe
On legal issues but C of A can hear new evidence in exceptional circumstances

Question 3

Criminal case review commission

Answer 3

May refer a case to C of A when appeal decided or leave refused and there’s a real possibility that verdict with be overturned

Must be conviction, sentence for indictment offence or not guilty by reason for insanity

Question 4

Att-gen reference

Answer 4

Intervene on sentence or point of law
Can refer point of law to C of A after acquittal
Opinion reached doesn’t affect acquittal
With leave of C of A can refer sentence by CC that they think is too light to quash it and impose harsher sentence

Question 5

What are the consequences of non observance of police codes

Answer 5

Doesn’t give rise to civil or criminal liability
Evidence may be excluded
Disciplinary action may be taken

Question 6

Full code test

Answer 6

Decide whether to charge
Public interest
Sufficient evidence for a realist prospect of conviction

Question 7

Three methods of commencing prosecution

Answer 7

Laying of info before MC who summon D to attend court

Arrest and charge

Written charge and requisition requiring D to attend court

Question 8

When can police charge without CPS authorisation

Answer 8

Summary offence
Either way if guilty plea or suitable for MC
CPS review to check full code test fulfilled

Question 9

Overriding objective of criminal proceedure rules

Answer 9

Deal with cases justly

Question 10

When is criminal evidence admissible

Answer 10

Relevant
Jury can place some weight on it
Not excluded

Question 11

When is evidence relevant

Answer 11

Logically probative or disprobative of some matter which requires proof

Question 12

Is bad character evidence admissible

Answer 12

Not generally but can be when:
All parties agree
Important explanatory evidence
Relevant to an important matter in issue between D and P ( unless makes proceedings unfair)
Substantive probative value in relation to an important matter in issue between D and Co D
Evidence is adduced by Ds question and intended to elicit it
Correct false impression given by D
D attacked another’s character (unless makes proceedings unfair )

Question 13

What is D refuses to enter a plea

Answer 13

The court enters not guilty plea and proceeds to trial

Question 14

How long must the jury retire for

Answer 14

Min two hours but good practice is 2hours 10mins

Question 15

Can you have a judge only trial in CC

Answer 15

If P requests it due to jury tampering risk

Question 16

What are the purposes and objectives of sentencing

Answer 16

Punishment 
Reduction of crime/ deterrence
Reform and rehabilitation 
Protection of public 
Reparations to those affected

Question 17

Is a sentence always passed immediately after conviction

Answer 17

It can be but can also be adjourned to obtain a pre sentence report to assist the decision

Question 18

Max sentences at Crown court

Answer 18

3 years community service
Unlimited fines
Statutes set out max custodial sentences

Question 19

Sentences at MC

Answer 19

3 years community service
6 months imprisonment or 12 months for two either ways
£5k fine

Question 20

Bind over

Answer 20

Must refrain from certain behaviour for a period of time

Question 21

Absolute discharge

Answer 21

No further action but get criminal record

Question 22

Conditional discharge

Answer 22

May take further action if another offence within a period of time

Question 23

How much of a custodial sentence is served in prison

Answer 23

Is serving 12 months + must be released on license after half of sentence

Question 24

Steps for determining sentence

Answer 24

Offence category (culpability and harm)
Starting point and range (seriousness and mitigating factors)
Factors indicating reduction
Reduction for guilty plea
Dangerousness (life sentence to protect public for serious violent and sexual offences)
Totality principle - just and proportionate if multiple offence or already serving
Compensation and ancillary orders
Reasons
Time spent on bail - any reduction

Question 25

2 ways prosecutions begin

Answer 25

written summons then attend court | CPS charge D then appear at MC at first available opportunity

Question 26

progress of a summary case

Answer 26

P disclosure D invited to enter plea at first hearing trial (1 day) sentence

Question 27

progress of an either way offence case

Answer 27

D invited to enter plea at first hearing consider if trial should be MC or CC MC set date for trial or CC have preliminary hearing sentencing

Question 28

Can D get an indication of sentence when entering plea for an either way offence at MC

Answer 28

yes and then can void NG plea and enter guilty plea to be sentenced at MC. if they continue to plead NG and stay at MC the indication becomes void

Question 29

progress of indictable offence

Answer 29

MC sends to CC at first opportunity | prepare timeline to trial

Question 30

5 principles of sentencing

Answer 30

``` punishment reduction of crime reform and rehabilitate protect public making good to victims ```

Question 31

meaning of culpability

Answer 31

blameworthiness

Question 32

meaning of harm

Answer 32

impact on victim

Question 33

meaning of sentencing ladder

Answer 33

consider each punishment starting with lowest and only move up to a more serious one if lower one if not adaqaute. always impose the lowest appropriate punishment.

Question 34

when can a confession be retracted

Answer 34

if obtained through oppression or in circumstances making it unreliable. burden on P to refuse unreliability if not unreliable then it cannot be retracted

Question 35

can a confession be retracted if it was said to police? what if it was said to someone other than police?

Answer 35

same rules apply to both. can be retracted if obtained through oppression or due to something making it unreliable

Question 36

how to decide if evidence is admissible

Answer 36

is it fair to admit it? will be excluded if, on balance, it would render the proceedings unfair

Question 37

is the admissibility of evidence impacted by the lawfullness of the method of collection

Answer 37

no. admissibility is not about whether the evidence was obtained lawfully but whether admission would affect fairness of proceedings

Question 38

Can P appeal against a guilty verdict

Answer 38

no, only on a point of law

Question 39

What can D appeal against

Answer 39

sentence and conviction

Question 40

can a summary matter be appealed beyond crown court

Answer 40

no

Question 41

who will hear an appeal by D against conviction (summary)

Answer 41

judge and 2 magistrates | full rehearing with evidence

Question 42

who will hear an appeal by D against sentence (summary)

Answer 42

judge and 2 magistrates

Question 43

procedure for D to appeal against sentence (summary)

Answer 43

automatic right - no permission needed file notice of appeal within 21 days of verdict there will be a case management hearing

Question 44

who can appeal on a point of law

Answer 44

both D and P by way of case stated

Question 45

on what basis can P and D appeal on a point of law by way of case stated

Answer 45

error of law, ruling in excess of jurisdiction and / or insufficient evidence

Question 46

procedure for an appeal by way of case stated by D or P

Answer 46

apply within 21 days to MC MC can reject it then apply to HC for mandatory order to hear it 2 judges review it facts taken as established in lower court

Question 47

if an appeal by way of case stated is successful then is the decision of the lower court set aside

Answer 47

yes

Question 48

do you need leave to apply from CC to C of A

Answer 48

yes from lower court or C of A

Question 49

how long do you have to serve notice of appeal from CC to C of A

Answer 49

28 days from conviction or sentence

Question 50

is there a full rehearing when a case is appealed from CC to C of A

Answer 50

no but court may hear new evidence if it provides a basis for allowing an appeal

Question 51

criteria for appealing from CC to c of a

Answer 51

unsafe conviction (error in law, material irregularity, new evidence) or manifestly excessive sentence or sentence outside their powers

Question 52

what matters can the att-gen refer to C of A

Answer 52

a point of law following acquittal | unduly lenient sentence

Question 53

if att-gen refers a point of law to c of a following an acquittal does it alter the verdict of the original case

Answer 53

no it just clarifies law for future reference

Question 54

procedure to appeal to SC

Answer 54

permission requested from lower court or SC 28 days to apply for leave either D or P can apply lodge notice of appeal within 14 days of permission being granted

Question 55

criteria for appealing to SC

Answer 55

exceptional case of general public importance court below must certify there is a point of law of general public importance and it must appear to lower court or SC that the point is one that ought to be considered for appeal

Question 56

who hears applications for leave to appeal to SC

Answer 56

heard by 3 judges on papers

Question 57

which cases are exempt from the requirement that to get leave to appeal to SC you must have lower court certify point of law of general public importance

Answer 57

habeaus corpus contempt of court appeals of declarations of incompatibility

Question 58

how long do you have to appeal to privy council

Answer 58

56 days

Question 59

can the lower court grant permission to appeal to privy council

Answer 59

not normally. only if case raises questions of great and general importance o a grave violation of natural justice