Criminal Law and Criminal Litigation Flashcards
1
Q
Describe the elements of assault in criminal law.
A
Causing another person to apprehend immediate and unlawful violence intentionally or recklessly.
2
Q
Define battery in the context of criminal law.
A
Intentionally or recklessly inflicting physical force upon another person.
3
Q
What is the penalty for assault as per the specified legislation?
A
Summary offence only with a maximum of 6 months imprisonment and/or fine.
4
Q
How is actual bodily harm defined in the context of criminal law?
A
Harm that is more than transient or trifling, including psychological harm beyond mere emotions.
5
Q
Define grievous bodily harm (GBH) in the legal context.
A
Infliction of really serious harm such as permanent disability, broken limbs, substantial blood loss, or serious psychiatric injury.
6
Q
Explain the mens rea requirement for assault occasioning actual bodily harm (ABH).
A
Same as for assault or battery; no need to show intent or recklessness as to actual ABH.
7
Q
Describe the actus reus and mens rea for the offence of causing grievous bodily harm (GBH)
A
Actus reus: causing a wound or causing GBH; Mens rea: with intent to do some GBH or with intent to resist or prevent lawful apprehension.
8
Q
Define theft according to the Theft Act 1968
A
Theft is when a person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
9
Q
Explain the actus reus and mens rea for the offence of robbery under the Theft Act 1968
A
Actus reus: stealing and using or threatening force immediately before or at the time of theft; Mens rea: intention to steal.
10
Q
Describe the actus reus and mens rea for the offence of burglary under the Theft Act 1968
A
Actus reus: entering a building as a trespasser with intent to commit theft, GBH, or criminal damage; Mens rea: intentionally or recklessly entering the building.
11
Q
What is the penalty for aggravated burglary under the Theft Act 1968?
A
Aggravated burglary carries a maximum sentence of life imprisonment and involves having a weapon or firearm at the time of burglary.
12
Q
Explain the concept of simple criminal damage according to the content
A
Simple criminal damage is where a person destroys or damages property belonging to another without lawful excuse, intentionally or recklessly.
13
Q
Describe the mens rea required for criminal damage under the Criminal Damage Act 1971.
A
Intentionally or recklessly, with a lawful excuse such as belief in owner’s consent or protection of property.
14
Q
Define aggravated criminal damage under the Criminal Damage Act 1971.
A
Destroying property with intent or recklessness as to endangering someone else’s life.
15
Q
Explain the actus reus for arson under the Criminal Damage Act 1971.
A
Destroying property by fire, as outlined in section 1(1)/(2) of the Act.
16
Q
What is the penalty for aggravated arson under the Criminal Damage Act 1971?
A
Indictable offence with a maximum custodial term of life imprisonment.
17
Q
Describe the actus reus and mens rea for murder under common law.
A
Actus reus: Unlawfully causing death of a human being under King’s peace. Mens rea: Intention to cause death or grievous bodily harm.
18
Q
Explain voluntary manslaughter and its relation to murder charges.
A
Voluntary manslaughter occurs when one of the 4 partial defences to murder is successfully presented, leading to a conviction of manslaughter instead of murder.
19
Q
What are the requirements for the ‘loss of control’ partial defence in voluntary manslaughter cases?
A
D must lose self-control due to a qualifying trigger, such as fear of serious violence or a justifiable sense of being seriously wronged.
20
Q
Describe the penalty for murder under common law.
A
Murder is a common law offence with a maximum penalty of life imprisonment.
21
Q
Explain the connection between destruction of property and intention in criminal damage cases.
A
There must be a connection between the destruction or damage to the property and the intention to commit the act, as per the Criminal Damage Act 1971.
22
Q
Describe the objective test for loss of self-control in the context of diminished responsibility.
A
The objective test for loss of self-control requires that a person of the defendant’s age and sex, with a normal degree of self-constraint, would have also lost self-control in the same situation.
23
Q
Define suicide pact in the legal context of manslaughter.
A
A suicide pact is defined as a situation where one person kills another in pursuance of an agreement to commit suicide together, leading to a charge of manslaughter.
24
Q
How is infanticide defined under the Infanticide Act 1938?
A
Infanticide is defined as the act of a woman killing her child under 12 months old, where her mind was disturbed due to not having recovered from childbirth.
25
What are the elements of unlawful act manslaughter?
The elements include the commission of an unlawful act that is intentional, dangerous, and causes the death of another individual.
26
Describe the legal burden in cases of diminished responsibility.
In cases of diminished responsibility, the legal burden is on the defendant to prove, on the balance of probabilities, that they were suffering from an abnormality of mental functioning.
27
How is gross negligence manslaughter distinguished from unlawful act manslaughter?
Gross negligence manslaughter involves breaching a duty of care resulting in death, while unlawful act manslaughter involves committing a dangerous and unlawful act that causes death.
28
Describe the elements of subjective recklessness manslaughter.
It involves killing someone without committing an unlawful dangerous act, but knowingly proceeding despite recognizing the risk of death or serious injury.
29
Define corporate manslaughter and provide exceptions to the penalty.
“any body corporate wherever incorporated”.
30
How is Fraud by abuse of position defined under the Fraud Act 2006?
It occurs when one abuses a position of trust, such as a trustee and beneficiary, banker/solicitor and client, or employer and employee, to make a gain for oneself or cause a loss to another.
31
Describe Fraud by failing to disclose as per the Fraud Act 2006.
It involves the failure to disclose information that one is legally obliged to disclose, such as under civil law, contract, statute, or fiduciary duty, with the intention to make a gain for oneself or cause a loss to another.
32
Describe actus reus and mens rea in the context of criminal offenses.
Actus reus refers to the physical act required for an offense, while mens rea pertains to the mental state required at the time the act was carried out.
33
Define self-induced/voluntary automatism in the context of intoxication defenses.
Self-induced/voluntary automatism is not a defense when the defendant is deemed at fault for intoxication.
34
How does involuntary intoxication differ from voluntary intoxication as a defense in criminal cases?
Involuntary intoxication may be a defense if the drink was spiked, but it is not a defense if the defendant formed the necessary mens rea despite or because of the intoxication.
35
Do crimes of specific intent require a higher level of mens rea compared to crimes of basic intent?
Crimes of specific intent require a mens rea of intention, while crimes of basic intent require a lesser mens rea like recklessness.
36
Describe the elements required for self-defense or defense of another in a criminal case.
The elements include an honest belief that force was necessary and the use of a reasonable amount of force in the circumstances as believed by the defendant.
37
How does the law differentiate between pre-emptive strike and self-defense in criminal cases?
A pre-emptive strike does not preclude self-defense, but the force used must be reasonable and necessary in the circumstances.
38
Define the principle of reasonable mistake in the context of self-defense.
A reasonable mistake is allowed in self-defense cases, except when the mistake is due to voluntary intoxication.
39
Describe the role of mens rea in crimes of specific intent and crimes of basic intent.
Crimes of specific intent require a higher mens rea like intention, while crimes of basic intent require a lesser mens rea such as recklessness.
40
Describe the concept aiding, abetting, counselling, or procuring to commit an offense.
It involves providing actual assistance or support before or during the crime, encouraging the principal offender, counseling away from the crime scene, or helping obtain necessary means for the offense.
41
Define mens rea in the context of secondary liability for accomplices.
Accomplices with the required mental state for the underlying offense will be guilty of that offense as if they had committed it as a principal offender.
42
How does the Serious Crime Act 2007 define intentionally encouraging or assisting an offense?
It states that a person commits an offense if they do an act capable of encouraging or assisting the commission of an offense and intend to encourage or assist its commission.
43
Describe the requirements under the Serious Crime Act 2007 for encouraging or assisting an offense when the belief that it will be committed is present.
The person must do an act capable of encouraging or assisting the offense, and believe that the offense will be committed and that their act will encourage or assist its commission.
44
Explain the concept of inchoate offenses in the legal context.
Inchoate offenses include attempts to commit an offense, where individuals take steps beyond mere preparation towards committing the crime.
45
What are the general principles of attempt in criminal law?
The actus reus of an attempt involves actions beyond preparatory acts, such as attempting to break into a building or ceasing a crime due to external factors like police presence.
46
Define the concept of principal offender in the context of aiding and abetting.
The principal offender is the defendant who directly commits the crime, while accomplices provide assistance or support in the commission of the offense.
47
Describe the distinction between indictable and summary-only offences.
Indictable offences can result in liability for attempting the offence, while for summary-only offences, liability for attempt is only possible if specified by Parliament.
48
What are the rights of a suspect being detained by the police for questioning?
Rights include the right to legal advice, the right to have someone informed of the arrest, and detention time limits under PACE 1984, Code C.
49
Define the general rule regarding the right to legal advice for detained suspects.
Every detained suspect has the right to a private consultation with a solicitor, which can be restricted to telephone advice in certain circumstances.
50
How are detention reviews conducted for detained suspects?
Detention reviews are carried out periodically by an inspector or above not involved in the case, with the first review no later than 6 hours after detention is authorized, and subsequent reviews every 9 hours.
51
Describe the time limits for suspect detention under PACE 1984.
Suspects can be detained without charge for 24 hours, with a possible extension to 36 hours for indictable/either-way offences.
52
What are the surrounding rules/exceptions for the right to have someone informed of arrest for detained suspects?
The right can be delayed for certain grounds if arrested for indictable/either-way offences, but cannot be delayed by more than 36 hours from arrival at the police station.
53
Describe the procedure for video identification according to Code D, Annex A.
The set of images should include the suspect and at least 8 other people of similar age, height, general appearance, and position in life. Unusual features of the suspect must be concealed or replicated. All individuals must be shown under identical conditions and performing similar movements.
54
What are the rights of a suspect during an identification procedure?
The suspect has the right to free legal advice, to have a solicitor or friend present, and to be informed if the police showed the witness photos of the suspect before their identity was known.
55
Define the right to silence in relation to suspects.
The general rule is that suspects have the right to remain silent. This right is also implied under Article 6 of the European Convention on Human Rights (ECHR).
56
How can adverse inferences be drawn from a suspect's silence during questioning?
Adverse inferences may be drawn if the accused stays silent during questioning but later wants to rely on a fact in defense, deviates from previously stated facts, or fails to account for the presence of specific items found on their person.
57
Describe the alternative to remaining silent during police questioning.
An alternative is for the suspect to write a prepared statement to submit at the interview. If the suspect does not comment, no adverse inferences can be drawn.
58
What legislation underlies the rules regarding the right to silence and adverse inferences?
The rules regarding the right to silence and adverse inferences are underpinned by sections 34-38 of the Criminal Justice and Public Order Act (CJPOA) 1994.
59
Describe the role of an appropriate adult in criminal litigation.
An appropriate adult is responsible for the welfare and support of vulnerable clients during legal proceedings. They cannot be a solicitor and are not bound by duty of confidentiality or legal professional privilege.
60
Define bail in the context of criminal litigation.
Bail is the release of a defendant subject to surrendering to the court or police station at a specified time, with or without conditions.
61
How is bail governed in the UK legal system?
Court bail is governed by the Bail Act 1976, while police bail is regulated by PACE (Police and Criminal Evidence Act).
62
What are the general rules regarding bail in criminal cases?
Every defendant has an unconditional right to bail until convicted. However, there is a presumption against bail in certain serious cases.
63
Describe the grounds for refusing or denying bail in criminal cases.
Grounds for denying bail include the risk of the defendant failing to surrender, committing offenses while on bail, or interfering with witnesses, among other exceptions.
64
What factors does the court consider when deciding on granting or denying bail?
The court considers the nature and seriousness of the offense, the defendant's character and record, bail history, and community ties when deciding on bail applications.
65
Describe the process of applying for bail in a Magistrates' Court.
A prosecutor can apply to withdraw or vary bail, while a defendant can request reconsideration before the next hearing.
66
What happens during a contested bail hearing?
Prosecution outlines evidence, defense responds, and the court decides on bail conditions.
67
Define remand period in the context of bail hearings.
It is the duration a person can be held in custody before trial, with specific limits in Magistrates' Court and no set limit in Crown Court.
68
How is a decision made on bail during a bail hearing?
The court may grant conditional bail, withhold bail, or remand the defendant to a police station for further inquiries.
69
Describe the consequences of bail being refused during a bail hearing.
If bail is refused, the defendant may be remanded to a police station for up to 3 days for additional investigations.
70
What is the maximum remand period for a defendant in a Magistrates' Court?
In a Magistrates' Court, a defendant can be remanded for a maximum of eight days, or up to 28 days if a date for the next stage of proceedings is set.
71
How does the bail application process differ between Magistrates' Court and Crown Court?
In Magistrates' Court, a prosecutor or defendant can apply for bail, while in Crown Court, parties can request bail, withdrawal, or variation of bail conditions under specific legal provisions.
72
Describe the role of the defense during a contested bail hearing.
The defense responds to the prosecution's arguments, presents witnesses and evidence in support of bail, and engages in the bail decision-making process.
73
What are the possible outcomes of a bail hearing in terms of bail decisions?
The court may grant conditional bail, withhold bail, or remand the defendant to a police station for further investigations if bail is refused.
74
Describe the potential consequences of failing to surrender to custody in accordance with bail conditions.
Potential consequences include issuance of a warrant for arrest, trial in absentia, or the court granting bail in absentia or issuing a warrant backed with bail.
75
Define breaches of bail conditions and explain their implications.
Breach of bail conditions is not a Bail Act offence or a contempt of court per se, but police can arrest a person if there are reasonable grounds to believe they are likely to break bail conditions.
76
How are offences classified for first hearings before the magistrates’ court?
Offences are classified into summary-only matters (triable only in MC), indictable-only matters (triable only in CC), and either-way matters (can be tried in MC or CC).
77
What is a representation order in the legal context and how can one apply for it?
A representation order is legal aid. To apply, one must meet the interest of justice test, which includes criteria like potential loss of liberty, involvement of substantial legal questions, or mental/physical disability.
78
Describe the penalties for failing to surrender to custody in accordance with bail conditions.
The penalty can include up to 3 months' imprisonment and/or a maximum fine of £5,000 if bail was imposed by the MC, or up to 12 months' imprisonment and an unlimited fine if bail was imposed by the CC.
79
Do police have the authority to arrest a person for potential breaches of bail conditions?
Yes, police can arrest a person if they have reasonable grounds to believe the person is likely to break any bail conditions or has already broken them.
80
Describe the means test for CC cases.
The means test for CC cases is contributory and assessed against the applicant's income, capital, and equity.
81
What can be done if a defendant fails the means test but has exceptional financial circumstances?
A hardship review may be submitted, using form CRM16, either at the point of application or afterwards.
82
What happens if an applicant fails the means test in a CC case?
There is no right of appeal available.
83
How can a defence practitioner claim a payment when a representation order is granted?
The defence practitioner can claim a payment for assisting the defendant in completing the application.
84
Describe the procedure at the first hearing for summary-only matters in the Magistrates' Court.
At the first hearing, the defendant can plead guilty, not guilty, or refuse to plead. The Magistrates' Court will then proceed based on the plea entered.
85
What are the options for a defendant at the first hearing for either-way offences in the Magistrates' Court?
The defendant can plead guilty, not guilty, or refuse to plead.
86
What considerations does the Magistrates' Court have to make if a defendant pleads guilty at the plea before venue for either-way offences?
The Magistrates' Court needs to consider if they have adequate sentencing powers or if the case needs to be remitted to the Crown Court.
87
What are some of the sentencing powers that magistrates have for imposing sentences?
Magistrates have the power to impose unlimited fines, bans, and other sentencing options.
88
Describe the process in the Magistrates' Court if the defendant pleads not guilty.
If the defendant pleads not guilty in the Magistrates' Court, the case will proceed to allocation to determine it will proceed in the Magistrates' Court or the Crown Court.
89
Describe the process of plea before venue in a legal case.
It involves the defendant entering a plea and receiving advice on trial venue.
90
Define the allocation of business between magistrates' court and Crown Court.
It refers to the procedure under Magistrates' Courts Act 1980 where the court decides the trial venue based on the nature of the offence.
91
How does the Magistrates' Court decide on the trial venue for either-way offences?
By considering whether the offence is more suitable for summary trial or trial on indictment, taking into account their sentencing powers.
92
Do defendants have the option to request to be tried on indictment for either-way offences?
Yes, if the Magistrates' Court deems summary trial more suitable, the defendant can consent or request to be tried on indictment.
93
Describe the procedure for low-value shoplifting cases under the Magistrates' Courts Act 1980.
Low-value shoplifting is triable summarily, but if the accused is aged 18 or over, they can elect to be tried by the Crown Court.
94
What is the significance of s 50A of the Crime and Disorder Act 1998 in either-way offences?
It mandates that the Magistrates' Court must follow specific procedures for certain cases and may send indictable-only cases to the Crown Court.
95
How does s 51 of the Crime and Disorder Act 1998 impact indictable offences?
It outlines the procedure for indictable offences to be followed by the court.
96
Define the term 'sending without allocation' in legal proceedings.
It refers to cases where the Magistrates' Court must proceed with certain procedures without allocating the case to a specific court.
97
Describe the general rules for prosecution disclosure in summary-only matters.
Prosecution must disclose Initial Details of the Prosecution Case as soon as possible, and no later than at the beginning of the first hearing.
98
What is the test for disclosure that the prosecution must adhere to according to the Criminal Procedure and Investigations Act 1996?
Prosecution must disclose material that might be reasonably considered to be capable of undermining the case for the prosecution against the accused or of assisting the case for the accused.
99
How can the accused request a court order for disclosure if they believe the prosecution is withholding evidence?
The accused can apply for a court order for disclosure.
100
Define the defence statement required in Crown Court cases according to the Criminal Procedure and Investigations Act 1996.
The defence statement must be in writing and set out the accused's defence, factual matters disputed, and points of law to be relied upon.
101
Explain the burden and standard of proof in relation to evidence.
It is the obligation to adduce sufficient evidence on a fact in issue which justifies a finding by the magistrates or jury.
102
Describe the duty of the defence in Magistrates' Court regarding disclosure of the defence case.
In Magistrates' Court, there is no duty to make disclosure of the defence case, but a voluntary disclosure statement may be made.
103
What is the timeline for providing a defence statement in Crown Court after the prosecution's initial disclosure?
Within 28 days of the prosecution's initial disclosure.
104
How does visual identification evidence play a role in criminal proceedings according to the content?
It involves a witness claiming to identify a suspect as a perpetrator based on having seen the suspect at the time or scene.
105
Describe the concept of adverse inferences from silence in the context of criminal law.
Adverse inferences from silence can be drawn when a suspect remains silent during questioning but later relies on a fact in their defense at trial.
106
Define hearsay evidence according to the Criminal Justice Act 2003.
Hearsay evidence is a statement not made in oral evidence that is used as evidence of a matter stated, essentially second-hand evidence.
107
How is hearsay evidence generally treated in legal proceedings?
Hearsay evidence is typically considered inadmissible unless specific exemptions apply.
108
Do you need to consult a solicitor before adverse inferences from silence can be drawn?
If the accused did not have the opportunity to consult a solicitor, adverse inferences from silence may not apply.
109
Describe the grounds for admitting hearsay evidence under the Criminal Justice Act.
Hearsay evidence can be admitted if specific statutory provisions make it admissible, such as proof by written statement or in cases of unavailable witnesses.
110
What is the significance of the Criminal Justice and Public Order Act 1994 in relation to adverse inferences from silence?
The Act outlines specific scenarios where adverse inferences from silence may be drawn, such as when a suspect does not account for certain details during questioning.
111
Describe the types of rules that make evidence admissible under section 118.
Rules include public information, reputation, family tradition, res gestae, concessions, admissions by agents, common enterprise, and expert evidence.
112
Define confession evidence according to section 82(1) of PACE.
Confession includes any statement adverse to the person who made it, to authority or not, in words or otherwise, admitting to committing a certain act.
113
How does the general rule treat confession evidence admissibility?
Confession evidence is generally admissible unless it meets exclusion criteria under sections 76 and/or 78 of PACE.
114
Do confessions obtained through oppression meet admissibility criteria under PACE?
Confessions obtained through oppression must be excluded from evidence as per section 76 of PACE.
115
Describe what constitutes 'oppression' in the context of confession evidence under PACE.
Oppression includes torture, inhuman or degrading treatment, and the use or threat of violence, as defined in section 78(8) of PACE.
116
How does PACE define 'unreliable' in the context of confession evidence?
Confessions are considered unreliable if obtained in circumstances that render them likely to be unreliable, as per section 76 of PACE.
117
Describe the voir dire procedure in the context of excluding evidence under s 76 and/or s 78.
The voir dire procedure involves a mini trial within a trial where the judge hears arguments from prosecution and defense to determine the admissibility of evidence under s 76 and/or s 78.
118
Define bad character as per S 98 CJA 03.
Bad character is defined as 'a disposition towards misconduct' according to S 98 of the Criminal Justice Act 2003.
119
What are the gateways for admitting bad character evidence under s 101(1) CJA 03?
The gateways for admitting bad character evidence under s 101(1) CJA 03 include agreement by all parties, evidence adduced by the defendant, importance as explanatory evidence, relevance to an important matter in issue, substantial probative value, correction of false impression by the defendant, and relevance to a co-defendant.
120
How does the judge determine whether to exclude evidence under s 76 and/or s 78?
The judge determines based on whether the prosecution has proven beyond reasonable doubt that the confession was not obtained in breach of s 76(2)(a) or (b), and whether it would be unfair to admit the evidence under s 78.
121
Describe the related case law of R v Walsh in the context of excluding evidence under PACE.
R v Walsh established that a single breach of PACE is unlikely to justify exclusion; the breach must be significant and substantial.
122
What is the significance of the R v Mason case in relation to the exclusion of evidence?
In R v Mason, it was deemed so serious for the police to lie to the accused's solicitor about finding fingerprints leading to a confession that the confession was excluded.
123
Describe the process for admitting bad character evidence according to Part 21 of the Criminal Procedure Rules.
The process includes serving notice to court officers and parties, with specific timelines based on when the defendant pleads not guilty, and allowing objections within a set timeframe.
124
Define important explanatory evidence as per s 100(2).
Important explanatory evidence is evidence crucial for proper understanding of other evidence in the case, with substantial value for comprehending the case as a whole.
125
How does the court determine the admissibility of bad character evidence under S 101(3) CJA 03?
The court must consider the fairness of the proceedings and should not admit evidence if it would adversely affect the fairness, especially in matters crucial between the defendant and the prosecution.
126
What is the significance of S 78 PACE in relation to character evidence?
S 78 PACE allows for the exclusion of any evidence if its admission would negatively impact the fairness of the proceedings, considering all circumstances.
127
Describe the circumstances under which the court can stop a case due to contaminated evidence according to S 107 CJA 03.
The court can halt the case, discharge the jury, or acquit if evidence admitted through specific gateways (s 101(1)(c)-(g)) is deemed contaminated.
128
How can a defendant adduce their own bad character under the Criminal Procedure Rules?
The defendant must give notice as soon as practicable and before introducing any evidence, following the timelines specified in the rules.
129
Explain the conditions under which all parties must agree for evidence to be admissible under s 100(2).
If all parties in the proceedings agree, evidence can be deemed admissible, regardless of its probative value or importance in the case.
130
What is the court's obligation regarding reasons for allowing or refusing an application related to bad character evidence under the Criminal Procedure Rules?
The court must provide reasons for its decision to either allow or refuse an application concerning the adducing of bad character evidence, as per the rules.
131
Describe the right to a fair trial under Art. 6 of the European Convention of Human Rights (ECHR).
The right to a fair trial includes entitlement to a fair and public hearing, an independent tribunal, prompt information on accusations, adequate time for defense preparation, legal assistance, examination of witnesses, and interpreter assistance if needed.
132
Define the legal burden of proof in criminal cases.
In criminal cases, the legal burden of proof rests on the prosecution, who must prove beyond a reasonable doubt that the defendant committed the crime.
133
How is the burden of proof sometimes reversed in criminal cases?
In cases where the defendant pleads insanity, the burden of proof may be reversed, requiring the defendant to prove their insanity on the balance of probability.
134
What are the stages of a criminal trial, including the submission of no case to answer?
The stages of a criminal trial include police charges, CPS decision on prosecution, court notice issuance, defense preparation, first court hearing, and potential submission of no case to answer.
135
Describe the process in the Crown Court for indictable offenses.
For indictable offenses, the case will be sent to the Crown Court where an indictment must be drawn up and served by the CPS within 28 days.
136
Do defendants have the right to examine witnesses against them in a criminal trial?
Yes, defendants have the right to examine or have examined witnesses against them in a criminal trial as part of their fair trial rights under Art. 6 of the ECHR.
137
Describe the process of closing a trial, including the roles of the prosecution, defence, judge, and jury.
Prosecution cross-examines witnesses, defence may re-examine, both sides give closing speeches, judge summarizes the case and directs the jury, jury deliberates privately and returns a verdict.
138
Define the difference between leading and non-leading questions in a trial setting.
Leading questions suggest answers or assume facts not in evidence, while non-leading questions do not suggest answers or include facts not in evidence.
139
How are witnesses addressed in different courts and what are the general courtroom etiquette guidelines?
Witnesses are addressed differently based on the court level. Etiquette includes standing up, maintaining eye contact, speaking clearly, using formal language.
140
What is the significance of competence and compellability of witnesses in a trial?
Competence refers to the ability of a witness to give evidence when called, while compellability means the witness must give evidence when called.
141
Define special measures in a trial and explain the types of witnesses that may require additional support.
Special measures support certain witnesses during evidence giving, such as children under 18 or vulnerable individuals.
142
Do leading questions have different rules in examination-in-chief, cross-examination, and re-examination during a trial?
Yes, leading questions are not permitted in examination-in-chief, permitted in cross-examination, and not permitted in re-examination.
143
Describe the scenario where the defence may apply for 'no case to answer' during a trial.
The defence may apply for 'no case to answer' if the prosecution evidence is weak or non-existent, usually after the prosecution case closes.
144
Describe examples of special measures to support witnesses in court.
Examples include screens to prevent witness from seeing defendant, video links from outside court, giving evidence in private, allowing approved intermediary for communication support, and use of communication aids.
145
Define a caution in the context of police sentencing powers.
A caution is a penalty imposed by the police for minor offences where the accused admits the offence and agrees to be cautioned. It is not a criminal conviction but can be used as evidence of bad character in future court cases.
146
How can a solicitor comply with the Solicitor Code of Conduct in a criminal case?
By not misleading clients, the court, or others; not misusing or tampering with evidence; making only arguable assertions; avoiding contempt of court; not wasting the court's time; and drawing attention to relevant cases or procedural irregularities.
147
Do cautions have conditions attached to them?
Yes, cautions can be conditional or unconditional. Conditions may include drug rehabilitation or fixing damage to property. Failure to adhere to conditions may lead to being charged with a crime.
148
Describe the role of a solicitor in a criminal case according to the Solicitor Code of Conduct.
The solicitor must not mislead, misuse evidence, waste the court's time, or place themselves in contempt of court. They must make only arguable assertions, comply with court orders, and draw attention to relevant cases or procedural irregularities.
149
What are the police sentencing powers for minor offences?
The police can impose penalties such as cautions for minor offences. Cautions are not criminal convictions but can be used as evidence of bad character in future court cases.
150
Describe the role of sentencing guidelines in the criminal justice system.
Sentencing guidelines provide a range of sentences for different offenses, considering aggravating and mitigating factors, and aim to ensure fairness and consistency in sentencing.
151
Define aggravating factors in the context of sentencing.
Aggravating factors are circumstances that justify a more serious sentence, such as committing an offense while on bail, targeting vulnerable victims, or using weapons.
152
How do mitigating factors influence sentencing decisions?
Mitigating factors justify a less serious sentence and can include factors like mental illness, remorse, or playing a minor role in the offense.
153
What is the significance of the Sentencing Act 2020 in relation to sentencing guidelines?
The Sentencing Act 2020 mandates that courts must follow relevant sentencing guidelines unless it goes against the interests of justice.
154
Describe the considerations that sentencing needs to contemplate and reflect.
Sentencing needs to consider punishment, deterrence, protection of victims and the public, and rehabilitation.
155
Do sentencing guidelines provide a specific sentence for each offense?
No, sentencing guidelines generally provide a range of sentences based on aggravating and mitigating factors for each offense.
156
Describe concurrent sentences in the context of sentencing.
Concurrent sentences refer to multiple sentences served simultaneously, where the shorter sentence is absorbed into the longer one.
157
What is a plea in mitigation and when is it typically made?
A plea in mitigation is made by the defendant's counsel prior to sentencing to argue for a reduced sentence, focusing on factors that may lessen the severity of the punishment.
158
Define custodial sentences and explain the custody threshold.
Custodial sentences involve imprisonment set by the court, with the custody threshold requiring that the offense be serious enough to warrant imprisonment over fines or community sentences.
159
How do suspended sentences work and what conditions may be attached to them?
Suspended sentences are imposed but not served in prison, often with conditions like staying away from certain places. Breaching conditions may lead to imprisonment.
160
Describe community orders and the threshold for imposing them.
Community orders require the individual to perform tasks like unpaid community work. They are given when the offense is serious but not grave enough for a custodial sentence.
161
What are some alternative or additional penalties to imprisonment or community orders?
Alternatives include fines, bans, compensation orders, and ancillary orders like paying prosecution costs.
162
Explain Newton hearings in the legal context.
Newton hearings are conducted to resolve disputes over facts in a case, often used in criminal proceedings to determine specific issues or evidence.
163
Describe the process for a defendant to ask a Magistrates' Court to reconsider a decision or sentence.
The defendant can request the court to set aside a conviction, vary, or rescind a sentence if they believe there was a serious mistake or correct steps were not followed.
164
What is the time limit for a defendant to make a statutory declaration if they were unaware of their case?
The defendant has 21 days from finding out about the case to make a statutory declaration before a Magistrates' Court or a commissioner for oaths.
165
How does the appeal process to the Crown Court work for a defendant who disagrees with a decision?
The defendant needs to complete the relevant form, serve it on the court officer and other parties within 15 days of sentence, and will be notified of the hearing within 80 days.
166
Define the powers of the Crown Court in relation to appeals from Magistrates' Court decisions.
The Crown Court can confirm, vary, reverse, or remit any part of the Magistrates' Court's original decision and can impose a harsher sentence.
167
Describe the process of appealing to the High Court by way of case stated from a Magistrates' Court decision.
The appeal by way of case stated is reserved for matters of law, and the defendant has to apply within 21 days of acquittal, conviction, or sentence.
168
What type of appeal is suitable for matters of law or jurisdiction issues from a Magistrates' Court decision to the High Court?
An appeal by way of case stated is suitable for matters of law or jurisdiction issues, not for factual disputes.
169
Describe the process of appealing a conviction or sentence in the Court of Appeal Criminal Division.
To appeal a conviction or sentence, the defendant must apply for permission within 28 days of conviction or sentence, citing detailed grounds. If permission is granted, the appeal is heard by the Court of Appeal Criminal Division.
170
Define the powers of the Court of Appeal in a criminal case.
The Court of Appeal has the power to quash a conviction, order an acquittal or retrial, find the appellant guilty of an alternative offense, allow part of the appeal, or dismiss the appeal. It cannot impose a harsher sentence.
171
How can a decision in the Court of Appeal be further appealed?
A decision in the Court of Appeal can be appealed to the Supreme Court by applying for leave to appeal within 28 days of the Court of Appeal decision, with the requirement that the question must be of general public importance.
172
Describe the grounds on which a defendant can appeal in the Court of Appeal.
A defendant can appeal based on the conviction being unsafe, the sentence not being proportionate, or the lower court making an error on a point of law.
173
Do defendants have the right to appeal to the Crown Court after making an application in the Court of Appeal?
No, the right of appeal to the Crown Court is lost once an application is made in the Court of Appeal, but the sentence may still be appealed to the Crown Court and the conviction appealed by way of case stated.
174
Describe the procedure for appealing a conviction or sentence in the Court of Appeal.
The defendant must apply for permission to appeal within 28 days of conviction or sentence, including detailed grounds. If permission is granted, the appeal is heard by the Court of Appeal Criminal Division.
175
Describe the factors considered when determining which court a child's case be sent to.
Factors include the potential length of a custodial sentence, the welfare and best interests of the child, and the seriousness of the crime.
176
What is the maximum sentence that a youth court can impose on a child?
A 2 year Detention and Training Order (DTO).
177
How are youths treated when jointly charged with an adult in court?
The court may decide to send both the youth and the adult to the Crown Court.
178
Define Plea and Case Management Hearing (PCMH) in the context of child sentencing.
It is a hearing set if a decision is made to try a child in the Crown Court, where pleas are taken and case management is discussed.
179
What are the aims of the Sentencing Children and Young People guidelines?
To prevent offending by children and maintain the welfare of the child.
180
Describe the purpose of referral orders in the context of child sentencing.
Referral orders require a child to attend a youth offender panel and fulfill a contract, aiming to prevent reoffending and provide support for the child.
181
Describe the characteristics of detention and training orders for children and young people.
Detention and training orders are custodial sentences that require the custody threshold to be met and the offence to be sufficiently serious. They may range from 4 to 24 months.
182
What are some of the requirements of youth rehabilitation orders for children and young people?
Youth rehabilitation orders are community sentences with 18 requirements such as supervision, unpaid work, drug treatment, and curfew. The court can choose a single requirement or a combination.
183
How long can a youth rehabilitation order last, and is it extendable?
A youth rehabilitation order can last up to 3 years, but it can be extended for up to 6 months. If breached, the court may re-sentence the offender.
184
List some other penalties that may be imposed on children or young people aside from detention and training orders and youth rehabilitation orders.
Other penalties include fines, conditional discharge, reparation/compensation orders, and parenting orders.
