criminal p Flashcards
What is the relevant time?
When the suspect arrives at the police station
How long can a suspect be detained?
24 hours after the relevant time
If an offence is indictable, the time limit can be to how long?
An additional 36 hours
If the offence is non-indictable, the time limit can be extended how much?
An additional 12 hours
Who approves the extensions?
Super intendant
How long can the magistrates extend for?
An extra 36 hours
What is the maximum period someone can be detained for?
Non indictable is 36 hours, Indictable is 96 hours
How many times can a defendant appeal bail?
Twice in magistrates and once on appeal to the crown court - to be held 1 business day later after receipt of appropriate notice
Custody time limits for magistrates court - summary only or either way
56 days for trials
Custody time limits in Crown court for indictable only or either-way?
182 days less any days spent in custody prior to the case being sent to the crown court (usually zero)
S76 PACE
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.
S78 PACE
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
How much notice for an application to exclude a confession in magistrates?
skeleton argument at least 14 days and prosecution response 7 days. Preliminary issue, If s76 involved at all and evidence disputed VOIRE DIRE
How much notice for an application to exclude a confession in crown court?
Court will make orders at PTPH, timing can be made just prior to opening the case to the jury, VOIRE DIRE FOR S76 involvement
Turnbull
Special direction re mistaken identity
Disclosure of used material time limit?
Beginning of the day of the first hearing
Disclosure of unused material in magistrates?
When case is adjourned for summary trial
Disclosure of unused material in Crown Court?
When a Defendant is sent for trial
Is a defence statement needed in the magistrates?
No
Consequences of failing to disclose a defence statement?
Cannot apply for specific disclosure
Time limits for defence statement?
within 28 days of prosecution initial disclosure in Crown, within 14 days on initial disclosure in magistrates’ court.
Discount for guilty plea at first opp?
1/3
Discount for guilty plea at PTPH?
max 1/4
Discount for guilty plea on day of trial?
max 1/10
Newton hearing?
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
Slip rule deadline in Crown Court
56 days of sentence being made
Can the prosecution appeal against either conviction or sentence in the magistrates court?
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
Can the CoA issue a more severe penalty than the Crown Court?
NO
Time limits on appeal (magistrates)
15 business days from the date of sentence (not conviction)
What will happen on appeal of a decision of the magistrates’ court?
Re-hearing before a judge and two lay magistrates, new evidence can be adduced
What happens if a single judge refuses right to appeal (Crown Court)
Oral hearing in front of two or three judges - no legal aid.
Case stated deadline?
21 days?
Time limits on appeal? Crown
Within 28 days of sentence/conviction
Sentence appeal judge amount
2
Conviction appeal judge amount?
3
Limit on youth sentences?
2 years
