criminal litigation

Question 1

hearsay applicable in the interests of justice (court must have regard)

Answer 1

1. probative value
2. other evidence to prove matter
3. importance of matter
4. circumstances in which statement was made
5. reliability of maker of statement
6. why oral evidence can’t be given
7. difficulty in challenging statement
8. extent to which difficulty would prejudice party

Question 2

what are the grounds to deny bail

Answer 2

where there is a substantial ground to believe D will:
a. fail to surrender
b. commit an offence
c. interfere with witnesses or otherwise obstruct the course of justice

Question 3

what are the grounds for admissibility of hearsay evidence

Answer 3

a. falls under statute
i.witness unavailable
1. dead
2. unfit
3. outside of UK
4. cannot be found
5. through fear if interests of
justice test satisfied
ii. business or other docs
b. rule of law
c. all parties agree
d. interests of justice

Question 4

how is admissibility of confession evidence challenged?

Answer 4

s76 PACE 1984 - oppressive or unreliable grounds. court must exclude unless prosecution can prove BRD that it was not
s78 PACE 1984

Question 5

7 gateways of admitting bad character evidence of the defendant

Answer 5

a. all parties agree
b. evidence adduced by D
c. important explanatory evidence
d. shows propensity to commit this kind of offence or be untruthful
e. substantial probative value between co-defendants
f. to correct a false impression
g. D has made attack on another’s character

Question 6

how to prevent bad chaarcter evidence admission under gateway d?

Answer 6

court ought not to admit where it would have such an adverse effect on fairness of proceedings under s101(3) CJA

Question 7

factors to which court must have regard in sentencing

Answer 7

1. punishment
2. reducing crime
3. reform and rehabilition
4. protection of the public
5. reparations