Criminal Practice Flashcards
What are the grounds for detention?
- Reasonable grounds that detaining the suspect without charge will secure/preserve evidence
- Necessary to obtain evidence by questioning
In what circumstances can the right to legal advice be delayed?
If legal advice:
a) interferes/harms evidence of indictable offence/interference/physical injury to other people
b) Alerts other persons suspected of having committed the offence but have not yet been arrested
c) It would hinder the recovery of any property obtained
Can only be delayed up to 36 hours and can only be authorised by a rank of at least superintendent
If suspect changes their mind on wanting legal advice, this has to be confirmed:
a) In writing; and
b) Authorised by an officer not below the rank of inspector
In what circumstances can a right to inform someone of arrest be delayed?
If it is an indictable offence
At least an inspector
Max 36 hours
Cannot delay this right for a juvenile
In what circumstances can an extension of detention be authorised?
- Detention without charge is necessary to secure/preserve evidence/obtain evidence through questioning
- Indictable offence
- Investigation is being carried out diligently and expeditiously
At least superintendent for a max of 36 hours from relevant time
Further extension can be granted by magistrates’ court for a further 36 hours
- Cannot be later than 96 hours (4 days)
How often should a review be held of a suspect’s detention?
First review = 6 hours after detention of the suspect was first authorised
Second = 9 hours after first
Subsequent = no more than 9 hour intervals
At least an inspector
Failure to carry out reviews renders detention after such a time unlawful and will amount to the tort of false imprisonment
Charging juveniles: what is a community resolution?
Non-statutory disposal between parties
Aimed at first-time offenders who have admitted guilt
Will not form part of criminal record
Charging juveniles: when can a youth caution be issued?
- There is sufficient evidence to charge
- Offender admits offence
- Police believe it is not in the public interest to be prosecuted/give a youth conditional caution
When must an identification procedure be held?
- Witness has identified/purported to have identified a suspect
- Witness thinks they can identify a suspect/there is a reasonable chance of identification and suspect disputes being the person the witness claims to have seen
What is required for a video identification procedure?
Moving images
1 suspect = 8 other people
2 suspects (of similar appearance) = 12 people
Resemble the height/age/general appearance/position in life
Same position carrying out the same sequence of movements
What are the requirements of an identification parade?
At least 8 people
Suspect can choose their own position, but not alter the order of the life
Witness must have looked at each member twice before making a decision
What are the 3 classification of offences and in which court are each of these offence tried?
- Triable only on indictment = most serious offence
- Must be dealt with in CC - Either-way offence = choice between CC and MC
- Low-value shop theft (<£200) cannot be committed to CC if D pleads guilty
- Criminal damage of <£5,000 are summary unless caused by fire; anything above £5,000 is treated as an either-way offence - Summary offence = only be dealt with in MC
For a representation order, D must satisfy the interests of justice test and the means test. What are each of these test?
Interests of justice test:
1. Is D at risk of losing their liberty/livelihood/serious damage to reputation
2. Do proceedings involve a substantial question of law
3. Is D unable to understand proceedings/state their own case
4. Would proceedings involve tracing/interviewing/expert cross-examination of witness on behalf of D
5. Is it in the interest of another person that D be represented?
- Do have right of appeal by either (a) adding more information on CRM14; or (b) requesting appeal
Means test:
1. Applicant receives welfare benefits
2. Under age of 18
- Do not have right of appeal
What are the advantages of being tried in the CC?
- Greater chance of acquittal
- Better procedure for challenging the admissibility of prosecution evidence
- More time to prepare case for trial
What are the advantages of being tried in the MC?
- Limited sentencing powers
- Speed and stress
- Prosecution costs
- Defence costs
- No obligation to serve defence statement
- Cases are listed for trial much sooner
In what circumstances can an either-way offence be sent straight to the CC without allocation?
- Where notice in serious/complex fraud cases have been given by DPP
- Notice in certain cases involving children has been served
- An either-way offence is linked to an offence triable only on indictment
What are the custody time limits for remands before conviction?
Basic rule: No more than 8 clear days
Can be up to 28 days if:
1. D has been previously remanded for the same offence
2. Are before the court; and
3. Court can set a date to remand them on which it expects the next stage of proceedings to take place
Either-way offence MC = 70 days (unless allocation hearing takes place within 56 days, in which case it is reduced to 56 days)
Summary-only in MC = 56 days
Bail = any period of time
What are the time limits for remands after conviction?
Custody = no more than 3 weeks
Bail = no more than 4 weeks
What grounds are the exceptions to the right to bail?
Substantial grounds for believing that D will:
1. Fail to surrender to custody
2. Commit an offence whilst on bail
3. Interfere with a witness
When can a defendant make an appeal against the decision on bail?
Can appeal the decision to the CC if the MC has issued a certificate of full argument
Must complete notice of application and send to CC, MC and CPS
How can the prosecution appeal the decision on bail?
- Oral notice must be give by the prosecution at the end of the hearing/before D is released from custody
- The notice must be confirmed in writing and served on the defendant no later than 2 hours after telling the court of their decision to appeal
- CC must hear the appeal, no later than 2 business days after the appeal notice was served
When can the police arrest a D for breaching bail and what must they do?
If they reasonably believe D:
1. Is not likely to surrender to bail
2. Has broken/is likely to break bail conditions
D will be detained in police custody and must be brought before the MC within 24 hours
When will the Turnbull guidelines apply?
If the witness:
1. Picks out the defendant informally
2. Identifies the defendant at a formal identification procedure at the police station; or
3. Witness claims to recognise the defendant as someone previously known to the them
And the defendant disputes the visual identification made by the witness
In the Crown Court, what happens if the visual identification is:
1. Of good quality
2. Poor but supported
3. Poor and unsupported
- Judge will point out dangers of relying on identification evidence and the special need for caution when such evidence is relied on
- Judge will give a ‘Turnbull warning’: still point out the dangers and draw attention to the weaknesses of the identification evidence and ask the jury to look for other supporting evidence
- Judge should stop trial at the end of prosecution case and direct the jury to acquit the defendant
In the magistrates court, what happens if the visual identification is:
1. Poor and unsupported
2. Good/poor but supported
- Defendant’s solicitor should make a submission of no case to answer at the end of prosecution case
- Defendant’s solicitor should address guidelines in their closing speech and point out how IE is notriously unreliable