Criminal Practice

Question 1

How long can access to legal advice be delayed?

Answer 1

Legal advice can be delayed for a maximum of 36 hours.

Question 2

What are the 3 rules for delaying access to legal advice?

Answer 2

Legal advice can be delayed for a maximum of 36 hours.

Delaying advice is permitted only when:

1. Suspect is arrested on indictable only or either way offence
2. Police officer of rank superintendent or above authorised delay in writing
3. Officer has reasonable grounds to believe that exercise of right will lead to interference with evidence, interference with others, alerting other suspects, or hindering the recovery of property.

Question 3

Can a Turnball warning be given in relation to a car or other object?

Answer 3

No. A Turnbull warning relates to the identification of people not objects or cars.

Question 4

When a complex indictable only offence with a 10 week trial is committed to the Crown Court, how soon is the defendant likely to have his first Crown Court hearing?

Answer 4

Within 14 days

Question 5

When will an indictable only matter sent to the Crown Court have a preliminary hearing within 14 days?

5 reasons

Answer 5

(1) the trial is likely to last more than four weeks;

(2) there are case management problems to address;

(3) an early trial date is needed;

(4) one of the defendants is under 18; or

(5) there is likely to be an early guilty plea.

Question 6

On what grounds can a court refuse a bail application? (2 requirements)

Answer 6

1. Exception to the right to bail; and
2. Real prospect of a custodial sentence being imposed if convicted.

Question 7

What type of offence is arson?

Answer 7

Either way offence

Question 8

In which court can an either way offence be heard?

Answer 8

Either way offences can be heard in either Crown Court or Magistrates’ Court, depending on the seriousness of the crime and the defendant’s wishes.

Question 9

What type of offence is aggravated criminal damage?

Answer 9

Indictable only

Question 10

What happens when somebody charged with an indictable only offence arrives in Magistrates’ Court?

Answer 10

The matter is sent immediately to the Crown Court.

Question 11

What is the maximum period of detention if all extensions are granted?

Answer 11

96 hours

Question 12

Is an offence committed in a group an aggravating or mitigating factor?

Answer 12

An offence committed in a group is an aggravating factor.

Question 13

How long does a defendant have to serve a defence case statement to avoid adverse inference?

Answer 13

The defendant must serve a defence case statement on both the prosecution and the court within 28 days of the prosecution making disclosure to avoid an adverse inference.

Question 14

What are the exceptions to the right to bail?

Answer 14

Substantial grounds to believe that a defendant would:

1. Fail to surrender
2. Commit further offences
3. Interfere with witnesses
4. Otherwise obstruct justice

Question 15

Is a co-defendant competent and compellable for the prosecution?

Answer 15

A co-defendant is neither competent nor compellable for the prosecution.

Question 16

Can a co-defendant give evidence for the prosecution?

Answer 16

No. A co-defendant cannot give evidence for the prosecution.

Question 17

Is a co-defendant competent and compellable for the defence?

Answer 17

A co-defendant is competent but not compellable for the defence.

Question 18

If there is no significant reason why a witness cannot attend court, can a written statement be adduced instead?

Answer 18

No. If there is no significant reason why a witness cannot attend court, a written statement cannot be adduced instead.

Question 19

How long can a defendant be held in custody on a summary only offence?

Answer 19

24 hours.

Question 20

What type of offence is robbery?

Answer 20

Indictable only.

Question 21

For what offences will minors be sent to Crown Court?

Answer 21

Minors will be sent to Crown Court for murder, attempted murder, manslaughter, firearm offences and certain violent, sexual or terrorism offences.

Question 22

On appeal from a Magistrates’ Court, what can the Crown Court do with the sentence?

Answer 22

It can increase the sentence, but it is restricted to Magistrates’ Court sentencing powers.

Question 23

What is oppression?

Answer 23

Oppression includes torture, inhumane treatment, and the use or threat of violence.

Question 24

What is inducement?

Answer 24

Offer the defendant any preferential treatment or outcome in exchange for confession.

Question 25

Is a defendant’s partner competent and compellable for the prosecution?

Answer 25

A defendant’s partner is competent for the prosecution but not compellable.

Question 26

Is a defendant’s partner competent and compellable for the defence?

Answer 26

A defendant’s partner is competent for the defence and compellable.

Question 27

Are leading questions permitted during examination in chief?

Answer 27

No. Leading questions are not permitted during examination in chief unless they are regarding issues which are not disputed.

Question 28

What is a Newton hearing?

Answer 28

When you plead guilty but the prosecution does not accept the basis of the plea, so a Newton hearing is held to settle the disputed facts.

Question 29

Can hearsay be admitted if you are too fearful?

Answer 29

Yes. Hearsay evidence can be admitted if you are too fearful to give evidence.

Question 30

Does misrepresenting the strength of the prosecution’s case amount to inducement to confess?

Answer 30

Yes. Misrepresenting the strength of the prosecution’s case amounts to inducement to confess.

Question 31

What type of offence is S20 GBH?

Answer 31

Either way

Question 32

What type of offence is S18 GBH?

Answer 32

Indictable only

Question 33

Voluntary manslaughter

Answer 33

Partial defence to murder