Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

DR Key figures > criminal p > Flashcards

criminal p Flashcards

1
Q

What is the relevant time?

A

When the suspect arrives at the police station

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How long can a suspect be detained?

A

24 hours after the relevant time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

An additional 36 hours

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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

A

An additional 12 hours

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Who approves the extensions?

A

Super intendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How long can the magistrates extend for?

A

An extra 36 hours

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the maximum period someone can be detained for?

A

Non indictable is 36 hours, Indictable is 96 hours

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How many times can a defendant appeal bail?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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

A

56 days for trials

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

S76 PACE

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

S78 PACE

A

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 well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Turnbull

A

Special direction re mistaken identity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Disclosure of used material time limit?

A

Beginning of the day of the first hearing

17
Q

Disclosure of unused material in magistrates?

A

When case is adjourned for summary trial

18
Q

Disclosure of unused material in Crown Court?

A

When a Defendant is sent for trial

19
Q

Is a defence statement needed in the magistrates?

A

No

20
Q

Consequences of failing to disclose a defence statement?

A

Cannot apply for specific disclosure

21
Q

Time limits for defence statement?

A

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

22
Q

Discount for guilty plea at first opp?

A

1/3

23
Q

Discount for guilty plea at PTPH?

A

max 1/4

24
Q

Discount for guilty plea on day of trial?

A

max 1/10

25
Q

Newton hearing?

A

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

26
Q

Slip rule deadline in Crown Court

A

56 days of sentence being made

27
Q

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

A

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

28
Q

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

A

NO

29
Q

Time limits on appeal (magistrates)

A

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

30
Q

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

A

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

31
Q

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

A

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

32
Q

Case stated deadline?

A

21 days?

33
Q

Time limits on appeal? Crown

A

Within 28 days of sentence/conviction

34
Q

Sentence appeal judge amount

A

2

35
Q

Conviction appeal judge amount?

A

3

36
Q

Limit on youth sentences?

A

2 years

37
Q
A

DR Key figures (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions