criminal p

Question 1

What is the relevant time?

Answer 1

When the suspect arrives at the police station

Question 2

How long can a suspect be detained?

Answer 2

24 hours after the relevant time

Question 3

If an offence is indictable, the time limit can be to how long?

Answer 3

An additional 36 hours

Question 4

If the offence is non-indictable, the time limit can be extended how much?

Answer 4

An additional 12 hours

Question 5

Who approves the extensions?

Answer 5

Super intendant

Question 6

How long can the magistrates extend for?

Answer 6

An extra 36 hours

Question 7

What is the maximum period someone can be detained for?

Answer 7

Non indictable is 36 hours, Indictable is 96 hours

Question 8

How many times can a defendant appeal bail?

Answer 8

Twice in magistrates and once on appeal to the crown court - to be held 1 business day later after receipt of appropriate notice

Question 9

Custody time limits for magistrates court - summary only or either way

Answer 9

56 days for trials

Question 10

Custody time limits in Crown court for indictable only or either-way?

Answer 10

182 days less any days spent in custody prior to the case being sent to the crown court (usually zero)

Question 11

S76 PACE

Answer 11

Excluding confessions - Oppression or anything said or done which may render unreliable any confession. Burden on prosecution. If confession excluded, facts discovered can still be relied upon, also the speech, writing or expressions of the accused can be relied upon.

Question 12

S78 PACE

Answer 12

Excluding evidence - such an adverse effect on the fairness of the proceedings - only for prosecution evidence. Can’t be used after evidence is adduced. Voir Dire hearing

Question 13

How much notice for an application to exclude a confession in magistrates?

Answer 13

skeleton argument at least 14 days and prosecution response 7 days. Preliminary issue, If s76 involved at all and evidence disputed VOIRE DIRE

Question 14

How much notice for an application to exclude a confession in crown court?

Answer 14

Court will make orders at PTPH, timing can be made just prior to opening the case to the jury, VOIRE DIRE FOR S76 involvement

Question 15

Turnbull

Answer 15

Special direction re mistaken identity

Question 16

Disclosure of used material time limit?

Answer 16

Beginning of the day of the first hearing

Question 17

Disclosure of unused material in magistrates?

Answer 17

When case is adjourned for summary trial

Question 18

Disclosure of unused material in Crown Court?

Answer 18

When a Defendant is sent for trial

Question 19

Is a defence statement needed in the magistrates?

Answer 19

No

Question 20

Consequences of failing to disclose a defence statement?

Answer 20

Cannot apply for specific disclosure

Question 21

Time limits for defence statement?

Answer 21

within 28 days of prosecution initial disclosure in Crown, within 14 days on initial disclosure in magistrates’ court.

Question 22

Discount for guilty plea at first opp?

Answer 22

1/3

Question 23

Discount for guilty plea at PTPH?

Answer 23

max 1/4

Question 24

Discount for guilty plea on day of trial?

Answer 24

max 1/10

Question 25

Newton hearing?

Answer 25

A Newton hearing occurs when the defendant has pleaded guilty to the offence, but on the basis of a different version of facts from that of the prosecution and the Court has concluded that the factual differences would make a material difference to the sentence imposed. - no jury. If D found guilty on prosecutions facts their plea discount will be halved and further decreased if they called witnesses to support the case

Question 26

Slip rule deadline in Crown Court

Answer 26

56 days of sentence being made

Question 27

Can the prosecution appeal against either conviction or sentence in the magistrates court?

Answer 27

No they can only appeal to the High/Divisional Court by way of case stated if there is an error of law or the court acted in excess of jurisdiction

Question 28

Can the CoA issue a more severe penalty than the Crown Court?

Answer 28

NO

Question 29

Time limits on appeal (magistrates)

Answer 29

15 business days from the date of sentence (not conviction)

Question 30

What will happen on appeal of a decision of the magistrates' court?

Answer 30

Re-hearing before a judge and two lay magistrates, new evidence can be adduced

Question 31

What happens if a single judge refuses right to appeal (Crown Court)

Answer 31

Oral hearing in front of two or three judges - no legal aid.

Question 32

Case stated deadline?

Answer 32

21 days?

Question 33

Time limits on appeal? Crown

Answer 33

Within 28 days of sentence/conviction

Question 34

Sentence appeal judge amount

Answer 34

2

Question 35

Conviction appeal judge amount?

Answer 35

3

Question 36

Limit on youth sentences?

Answer 36

2 years