Criminal Practice Flashcards
complete
1
Q
When does the suspect become the defendant?
A
Once they have been charged
2
Q
To what standard must the prosecution prove the defendant committed an offence?
A
Beyond a reasonable doubt
3
Q
What is the least serious type of offence?
A
Summary only
4
Q
In which court are summary only offences tried?
A
Magistrates’ Court
5
Q
What is the maximum sentence for
- one summary only offence
- two or more summary only offences
A
- 6 months
- 12 months
6
Q
What is the most serious type of offence?
A
Indictable only
7
Q
In which court are indictable only offences tried?
A
Crown Court
8
Q
Where are either way offences tried?
A
Magistrates’ or Crown Court
9
Q
What 2 elements determine which court tries an either way offence?
A
- Seriousness of the offence (court declines jurisdiction)
- Defendant’s wishes
10
Q
What type of offences?
- Theft
- Criminal damage
- Burglary
A
Either way
11
Q
What type of offences?
- Assault
- Battery
A
Summary only
12
Q
What type of offences?
- Robbery
- Rape
- Murder
A
Indictable only
13
Q
Who presides over the Magistrates’ Courts?
A
District judge or a panel of magistrates
14
Q
How many laypeople in a panel of magistrates?
A
2-3
15
Q
In which court do all criminal cases start?
A
Magistrates’ Court
16
Q
Who decides all matters in the Crown Court?
A
Jury
17
Q
When might a defendant who has committed a summary only offence attend the Crown Court?
A
- Offence related to another offence being heard in the CC if it is punishable by imprisonment and/or driving ban
- Appeals from MC
18
Q
Which act sets out rights of suspects detained by police?
A
Police and Criminal Evidence Act 1984 (PACE)
19
Q
When a detained suspect requests free legal advice, who do the police contact?
A
Defence Solicitors Call Centre (DSCC)
20
Q
When is delaying a suspect’s access to legal advice permitted?
A
- Suspect arrested for indictable only or either way offence
- Superintendent or above authorises the delay in writing; and
- Officer has reasonable grounds to believe exercising the right will lead to interference with evidence or others, alerting other suspects, or hindering recovery of property related to offence
21
Q
How long can a Superintendent (or above) delay a suspect’s access to legal advice?
A
36 hours
22
Q
When is delaying a suspect’s right to inform someone of their arrest permitted?
A
- Suspect arrested for indictable only or either way offence
- Inspector or above authorises the delay in writing; and
- Officer has reasonable grounds to believe exercising the right will lead to interference with evidence or others, alerting other suspects, or hindering recovery of property related to offence
23
Q
How long can an Inspector (or above) delay a suspect’s right to inform someone of their arrest?
A
36 hours
24
Q
What is the maximum time a suspect can be kept in custody without being charged?
From which time?
A
24 hours from entering the police station
25
By how long can the police extend the period a suspect is kept in custody without being charged?
12 hours
26
When can a further 12-hour extension to keep a suspect in custody without being charged be granted (beyond the standard 24 hours)?
- Suspect arrested for indictable only or either way offence
- Superintendent or above authorises continued detention
- Officer has reasonable grounds to believe further detention is necessary to secure or preserve evidence or obtain evidence by questioning; and
- The investigation is being conducted diligently and expeditiously
27
What must the police obtain to extend suspect detention further than 36 hours?
A warrant for further detention from the Magistrates' Court
28
What is the maximum time a suspect can be kept in custody without charge with full extensions granted?
96 hours
29
What are the stages of the Magistrates' Court providing extension to the maximum time a suspect can be kept in custody without charge?
- First application: further 36 hours
- Second application: further 24 hours
30
When will the Magistrates' Court approve extension to the maximum time a suspect can be kept in custody without charge?
- Suspect arrested for indictable only or either way offence
- Court has reasonable grounds to believe further detention is necessary to secure or preserve evidence or obtain evidence by questioning; and
- The investigation is being conducted diligently and expeditiously
31
In which 3 cases are identification procedures held?
- A witness has identified or purported to identify a suspect
- A witness expresses an ability to identify a suspect
- There is reasonable chance of an eyewitness being able to identify a suspect
32
What might the police do with a witness if the suspect is not yet identified?
## Footnote
Shortly after the offence
Take the witness to the scene of the offence to see if the suspect can be identified locally
33
If a witness identifies a suspect at the scene of the offence with police, what is then carried out?
Identification procedures
## Footnote
in a controlled environment
34
When are identification procedures not carried out?
If the witness knows the suspect and has seen them recently
35
What are the 3 rights of suspects in identification procedures?
## Footnote
Legal
- To have the purpose of the procedure explained
- To have free legal advice and to have a solicitor or friend present
- To have their obligations and consequences of their decisions explained
36
What are the suspect's obligations and consequences of their decisions in ID procedures?
- Suspect need not cooperate but failure to cooperate could be raised in trial and procedure may still be conducted covertly
- If suspect changes their appearance between notification and procedure, it may be raised at trial
37
What are the 4 types of ID procedures?
- Video identification
- Identification parade
- Group identification
- Confrontation
38
What are the 5 elements of video identification?
- Witness shown moving images of suspect and at least 8 others
- Others must resemble suspect in age, height, and appearance. Distinguishing features must be hidden
- Suspect and solicitor must have chance to raise reasonable objections
- Witness shown images at least twice and warned suspect may not be featured
- If there are multiple witnesses they must be separated
39
What are the 5 elements of an identification parade?
- Suspect and 8 others who resemble suspect in a line
- Suspects may object to arrangements and participants and may choose position in line
- Witness warned suspect may not be in parade
- If there are multiple witnesses they must be separated
- Parade recorded or colour photographed
40
What are the 4 elements of group identification?
- Witness sees suspect in informal group
- Procedure may take place with or without suspect's consent
- Location should consider appearance of others present
- Colour photograph or video taken immediately after identification
41
What are the 5 elements of confrontation?
## Footnote
Rare procedure
- Witness warned suspect may not be present
- Suspect's solicitor or friend may be present unless it would cause undue delay
- Suspect should not be restrained at time of identification
- Witness is asked "Is this the person you saw on the earlier occasion?"
- Takes place at police station
42
What is the most common identification procedure?
Video identification
43
If Code D (identification procedure rules) is breached, what will the court consider when deciding if evidence should be excluded?
Whether its admission would have an adverse effect of fairness of trial
44
In police interviews, what type of recording is:
- Mandatory
- Optional
- Audio
- Video
45
In which 2 situations should a suspect not be interviewed by police?
- Suspect seems unable to appreciate significance of questions or answers
- Suspect unable to understand what is happening (intoxication, other condition)
46
Term for a log of suspect's time in police detention maintained by custody officer?
Custody record
47
What must the custody officer provide a suspect's legal representative?
- Custody record
- Sufficient information to understand nature of offence and reasons why suspect detained
## Footnote
No obligation to disclose evidence
48
What is the consequence of a suspect's failure to disclose information they later rely on in court?
Adverse inference drawn by court
49
What must the interviewing officer give a suspect who fails to account for their presence at the scene of the offence or an object, substance, or mark found on them at the time of arrest?
Special caution
50
What is mentioned by the interviewing officer in a special caution?
- Outlining what offence is being investigated and what fact the suspect is being asked to comment on
- Warning suspect an adverse inference may be drawn if they fail to provide an account they later rely on in court
51
What are the suspect's 3 options in an interview?
- Answer questions
- Decline to answer questions
- Hand in a written statement
52
Which 2 groups are considered vulnerable suspects?
- Under 18
- Suspects with mental health disorders
53
Who is responsible to identify vulnerable suspects?
Custody officer
54
As a safeguard, vulnerable suspects are entitled to access an appropriate adult.
Who can the appropriate adult be?
- Parent/guardian
- Representative from care organisation
- Social worker
- Volunteer not associated with police
55
Which 2 behaviours by police may result in police interview evidence being excluded?
Oppression and inducement
56
What qualifies oppression in a police interview?
- Torture
- Inhuman or degrading treatment
- Use of threat or violence
- Too many officers present
- Room is poorly lit, unventilated, extreme temperatures
57
What qualifies inducement in a police interview?
- Promise of police caution or simple warning
- Promise of bail
- Promise of access to legal advice or notifying third party
- Misrepresenting strength of prosecution evidence
58
What is the procedure if a solicitor obstructs a police interview?
## Footnote
Including prompting answers or answering for the defendant
- Warning
- Removal authorised by Superintendent
- Defendant entitled to speak to another solicitor
59
What is the status of evidence obtained at police interview after wrongful removal of defendant's solicitor?
Admissibility may be challenged
60
Which document issued by the court to the defendant states the court heard the full argument on the application for bail before it refused the application?
Certificate of full argument
61
When can the court refuse bail and remand a defendant into custody?
- An exception to the right of bail applies; and
- There is a real prospect of a custodial sentence being imposed if convicted
62
When are the following considered by the court:
- Seriousness of offence
- Defendant's previous convictions, associations, and ties
- Defendant's record on complying with bail obligations
- Strength of evidence
- Risk the defendant might cause physical or mental injury to another
When deciding whether substantial grounds to refuse bail are made out
63
What is the decription of bail conditions the court can impose?
Relevant, proportionate, and enforceable
64
Who hears bail applications for murder charges?
Crown Court Judge
65
A defendant charged with murder may not be granted bail unless which condition is satisfied?
There is no significant risk that the defendant would commit an offence likely to cause physical or mental injury to another person
66
How many bail applications may a defendant make based on the same facts and submissions?
Two
67
When may a defendant make additional bail requests?
When there is a change of circumstance
68
What safeguard is taken to protect vulnerable detainees or detainees under 18?
An appropriate adult should be summoned to protect the interests, rights, welfare, and entitlements of the vulnerable detainee
69
Term for an expert assessment of the nature and causes of an offender’s behaviour, the risk they pose and to whom, as well as an independent recommendation of the sentencing options available to the court
Pre-sentence report
70
What are the court's next steps after a defendant pleads guilty of a summary only offence at first hearing?
Proceed immediately to sentence unless pre-sentence report required
71
What are the court's next steps after a defendant pleads not guilty of a summary only offence at first hearing?
Date for trial set for 6-8 weeks and orders for disclosure made
72
What process does the Magistrates' Court proceed to at first hearing for an either way offence?
Plea before venue
73
What does the Magistrates' Court order at first hearing of an indictible only offence?
Matter immediately sent to Crown Court for trial
74
What are the defence solicitor's tasks before applying for bail?
- Obtaining disclosure from prosecution
- Taking instructions from defendant
- Advising the defendant
- Applying for a representation order
- Making an application for bail
75
Disclosure is usually only available after court directions at first appearance.
When can a defence solicitor seek disclosure prior to first appearance?
If a representation order is already in place
76
For summary only and either way offences, when is disclosure available more quickly than if he had been remanded on bail?
If the defendant was in custody prior to first appearance
77
When is a representation order not needed?
When the defendant is privately funded
78
What 2 requirements must a defendant satisfy to be awarded a representation order?
- Interests of justice test
- Means test
79
What are the 5 factors for Interests of Justice Test?
- Whether the defendant is likely to lose their liberty or livelihood or suffer serious reputational damage
- Whether the case requires the determination of a substantial question of law (e.g. challenging ID evidence, bad character evidence, inferences from silence)
- If the defendant is unable to understand the proceedings or state their own case (e.g. due to age of poor English)
- If the case may involve tracing witnesses, interviewing them, or expertly cross-examining them
- If it is in the interest of another person (e.g. involves cross-examination of a complainant of a sexual or violent offence)
80
In which 3 cases is the means test satisfied qualifying the defendant for legal aid?
- Under 18
- Receives benefits
- Annual disposable income under £3,398
81
What procedure takes place when a defendant appears and is charged with an either way offence?
Plea before venue
82
What are 3 advantages of trial at the Magistrates' Court?
- Limited sentencing powers
- Relative speed and low cost
- Less stringent disclosure requirements on defence
83
What are 3 advantages of trial at the Crown Court?
- Higher rates of acquittal than MC
- More effective process for challenging admissibility of evidence
- Longer delay before trial
84
What 3 factors does the Magistrates' Court consider when deciding whether to accept jurisdiction?
- Defendant's previous convictions
- Whether court sentencing powers are adequate
- Representations by defence and prosecution on mode of trial and adequacy of sentencing powers
85
What indication may the defendant request from the court?
Is the court obliged to provide it?
- Sentencing indication: whether the sentence would be custodial or non-custodial if they were to plead guilty and accept summary proceedings
- No
86
If the court gives a sentencing indication, when is it obliged, and not obliged, to follow the indication?
Obliged: if an indication is given and the defendant changes their plea to guilty
Not obliged: defendant maintains non-guilty plea
87
When is theft considered low value?
Up to £200
88
What is the low value theft hybrid procedure?
Magistrates' Court cannot decline jurisdiction (like summary only)
Defendant can still elect Crown Court trial (like either way)
89
In which 2 situations may an either way offence be sent to the Crown Court without plea before venue and allocation?
- Defendant/co-defendant charged with an indictible only offence alongside either way offence
- Prosecution notifies of serious/complex fraud case or case involves child witnesses (better protected by CC trial)
90
Who completes the case management form?
Court's legal advisor with help from defence and prosecution
91
Which document contains the following:
- Details of witnesses to be called
- Estimated length of trial
- Any likely applications to the court
- Any special arrangements (e.g. interpreter)
- Confirmation defendant has been advised on credit for early guilty plea and trial will proceed in their absence if they fail to attend
Case management form
92
What are the Magistrates' Court's case management directions on evidence service?
- Prosecution must serve its evidence within 28 days
- Defence must serve defence statement within 14 days (optional) and notify which prosecution witnesses are required to attend within 7 days
93
Within what period from case being sent to Crown Court will a preliminary hearing be held if:
- the trial is likely to last more than 4 weeks
- there are case management problems to address
- early trial date needed
- a defendant is under 18
- early guilty plea likely
Within 14 days
94
Within what period from case being sent to Crown Court will a plea and trial preparation hearing be held?
28 days
95
What is arraignment?
Plea taken on indictment
## Footnote
Takes place at plea and trial preparation hearings
96
How long does the prosecution have to complete disclosure?
50 days
70 days if defendant on bail
97
What is the prosecution obliged to disclose?
- All evidence it intends to rely on at trial
- Any unused material which might **reasonably be considered capable of undermining the case for the prosecution or assiting the defence**
98
Which document sets out nature of defence, including:
- Which prosecution points are disputed
- Alternative facts alleged by defence
- Points of law defence wishes to raise
- Details of any alibi witness
Defence case statement
99
Within what period from prosecution making disclosure must the defence serve a defence case statement on the prosecution and the Crown Court?
Within 28 days
100
What is drawn if the defence fail to serve an adequate defence statement in time?
Adverse inference
101
What do the Turnbull Guidelines set out?
Factors to determine the strength of the identification evidence
## Footnote
Used when a case will substantially rely on identification evidence
102
When are the Turnbull Guidelines used?
When a case wholly or substantially relies on identification evidence and the defendant disputes the identification evidence
103
What are the 8 Turnbull Guidelines?
## Footnote
Use the mneumonic
- Amount of time
- Distance
- Visibility
- Obstruction
- Known
- Any reason to remember
- Time lapse
- Errors
104
What 3 points does the judge raise to the jury when giving a Turnbull Warning?
- Warn of special need for caution before convicting defendant in reliance on ID evidence
- Ask jury to consider circumstances witness ID'd defendant
- Refer to particular weaknesses with ID evidence, considering ADVOKATE
105
What are the 4 situations adverse inference can be drawn?
- Failure to mention fact when questioned or charged which defendant could reasonably have been expected to mention
- Failure to give evidence at trial
- Failure to account for object, substance, or mark found on defendant's person or clothing
- Failure to account for presence at scene of suspected offence
106
A statement, not made in oral evidence, that is relied on as evidence of a matter in it.
What is being described?
Hearsay evidence
107
What are the 4 categories of admissible hearsay evidence?
- Admissible under statute
- Admissible by rule of law
- Admissible by agreement of all parties
- Admissible in the interest of justice
108
Which category of hearsay admissibility applies to the following:
- Witness is unavailable
- Business document
- Statements prepared for criminal proceedings; person cannot be expected to recollect
- Previous consistent or inconsistent witness statements
- Expert evidence is adduced
- There is a confession
Admissible under statute
109
What occurs when a statement has been relayed through more than one person before it gets to court?
Multiple hearsay
110
Term for statements partly expultary and partly incriminating?
Mixed statements
## Footnote
Form of confessions
111
In evidence rules, when is something considered relevant?
When it goes to proving or disproving some fact in issue in the prosecution
112
When can the defence challenge a confession?
Oppression
Unreliability
## Footnote
Defence must show causal link between ^ and confession
113
In what kind of CC hearing are admissibility of confessions and matters of law decided by judge in the absence of the jury?
Voir dire
114
What is the discretionary standard used by the court to exclude evidence offered by the prosecution?
If it appears, considering all circumstances, the admission of the evidence would have an adverse effect on the fairness of the proceedings
115
What kinds of breaches may lead to evidence being excluded for unfairness?
- Illegal searches
- ID evidence
- Confessions
- Covert surveillance
- Undercover operations
116
What are the 7 grounds for admitting bad character evidence?
- All party agreement
- Evidence adduced by defendant
- Important explanatory evidence
- Relevant to an important matter in issue
- Matter in issue between co-defendants
- Correct a false impression given by defendant
- Defendant attacked another's character
117
Which ground for admitting bad character evidence includes propensity to commit similar offences and propensity to be untruthful?
Relevant to important matter in issue
118
Which ground for admitting bad character evidence includes suggesting a witness is biased, raising witness' previous convictions, and accusing police of misconduct?
Defendant attacked another's character
119
If prosecution wish to adduce bad character evidence, when must they provide notice in a set form and serve?
Within 20 business days of not guilty plea in MC
Within 10 business days of not guilty plea in CC
120
If defence wish to oppose prosecution adducing bad character evidence, when must they provide notice in a set form and serve?
Within 10 business days of prosecution's service
121
If the 7 gateways are made out, the evidence is admissible. However, if under the gateways of 'important matter between prosecution and defence' or 'defence attacks another's character', when must the court not admit the evidence?
If the defence make an application to exclude it and admitting the evidence would have such an adverse effect on the fairness of proceedings the court must not admit it
122
What are the 3 grounds for adducing a non-defendant's bad character?
- All parties agree
- Important explanatory evidence
- Substantial probative value relating to matter in issue in proceedings and case context
123
What are the 2 parts of a good character direction?
- Propensity direction
- Credibility direction
124
When are leading questions not allowed?
Examination in chief
125
When are leading questions allowed?
Cross-examination
126
In which 2 cases is a witness not competent to give evidence in criminal proceedings?
- Unable to understand questions put to them as a witness
- Unable to give answers to the court which can be understood
## Footnote
Generally, all competent witnesses are compellable
127
What is the defendant's competence and compellability for prosecution and defence?
- For prosecution: neither competent nor compellable
- For defence: competent but not compellable
128
What may be drawn if the defendant does not give evidence at trial?
Adverse inference
129
Who decides whether it is fair to hold defendant's failure to give evidence against them?
Jury
## Footnote
Defendant cannot be convicted on basis of adverse inference alone
130
What is the defendant's spouse's competence and compellability for prosecution, co-defendant, and defence?
Prosecution and co-defendant: competent but not compellable, unless offence involves:
- assault, injury, threat of injury to them or a child under 16
- sexual offence on a child under 16
- attempting, conspiring, aiding, or abetting those crimes
Defence: competent and compellable, unless jointly charged
131
What are a co-defendants' competence and compellability for prosecution and defence?
Prosecution: neither competent nor compellable
Defence: competent but not compellable
132
When does a co-defendant's competence and compellability for prosecution and defence change?
If a co-defendant pleads guilty or case dropped, they become an ordinary witness and therefore competent and compellable for both sides
133
Which types of witnesses may request special measures to assist them giving evidence?
- Under 18
- With disability or disorder likely to affect evidence
- Affected by fear of giving evidence
- Complainants in sexual offences
- Witnesses to knife and gun crimes
134
What submission can a defence make arguing the prosecution has not presented enough evidence to amount to a prima facie case?
Submission of no case to answer
135
What is the result if the defence's submisison of no case to answer is successful?
Defendant is acquitted
136
How are magistrates addressed
- Individually
- As a bench
- Judge
- Your Worships
137
How is a District Judge addressed?
Sir/Madam
138
How is a Crown Court judge addressed?
Your Honour
139
Can a solicitor continue to act for a defendant who admits guilt but refuses to plead guilty?
Yes but the solicitor cannot put anything before the court they believe to be untrue
140
If a defendant claims they did not commit an offence but insists on pleading guilty, can the solicitor continue to act?
Yes but they cannot put forward anything in mitigation that suggests the defendant did not commit the offence
141
When can a solicitor act for 2 or more defendants?
When their accounts are aligned
142
What should a solicitor do if they are representing 2 or more defendants and a conflict of interest subsequently arises?
Usually withdraw from the case entirely
Act for one defendant only if the duty of confidentiality to the other(s) would not be compromised
143
What could the court order before passing sentence to help determine the appropriateness of various sentencing options?
Pre-sentence reports from the probation service and psychiatric reports
144
To what extent are courts obliged to follow sentencing guidelines?
Obliged unless it is against the interest of justice to do so
145
Which 4 aggravating factors must be taken into account?
- Previous convictions (if reasonable to do so)
- Offence committed while on bail
- Racial or religious aggravation
- Hostility based on sexual orientation, transgender identity, or disability
146
When is a consecutive sentence more likely than a concurrent one?
If the defendant is found guilty of multiple offences that did not arise out of the same conduct
147
When is a concurrent sentence more likely than a consecutive one?
If offences arise out of the same matter
148
What is the totality principle?
Overall sentence must not be disproportionate to the overall seriousness of the offending behaviour
149
What is the effect of an earlier guilty plea?
Greater reduction in sentence
150
What is the sentence reduction if a defendant pleads guilty at the earliest opportunity?
One third
151
Six mitigating factors relating to defendant
- Age
- Health
- Good character
- Remorse and voluntary compensation
- Early guilty plea
- Family situation
152
For which offences may the Magistrates' Court impose the maximum 12 months' imprisonment?
For multiple either way offences
153
How does an offender generally spend their custodial sentence?
Half in custody
Half on licence (if terms breached or further offences committed, automatically returned to custody for remainder of sentence)
154
What is a suspended sentence?
Offender not placed in custody but liable to serve sentence in custody if suspension conditions broken or further offences committed
155
What is the maximum period of sentence suspension?
2 years
156
What is the minimum period of sentence suspension?
14 days
157
What follows a breach of a community order and what are the options?
Breach proceedings
- Order amended with more onerous terms
- Order revoked and offender sent to immediate custody
158
Which court action means no punishment whatsoever for the defendant, except for the record?
Absolute discharge
159
What does a conditional discharge order?
Defendant must not re-offend for a specified period (up to 3 years) or they face being resentenced for the original offence
160
What is always levied on a defendant when sentenced?
Victim surcharge
161
What is the process before a court will hold a Newton hearing?
- Defendant wishes to plead guilty on a specified basis but disagrees with prosecution's facts
- Defendant offers basis of plea to prosecution
- Prosecution reject
162
What is the result for the defendant if a Newton hearing is settled in:
- Prosecution's favour
- Defendant's favour
- Defendant loses any credit for guilty plea
- Defendant retains credit for guilty plea
163
Does the prosecution have a right to appeal in the Magistrates' Court?
No
164
When must a defendant lodge a written notice of appeal within the convicting/sentencing court?
Within 15 days
165
Why is there no requirement for the defendant to set out the basis of appeal in the Magistrates' Court?
The court has no power to decline jurisdiction
166
What type of hearing is the appeal from MC to CC?
Complete rehearing
167
What can be introduced in a complete rehearing?
New evidence
168
What are the Crown Court's sentencing powers in an appeal hearing?
Power to increase or reduce sentence, but restricted to Magistrates' Court sentencing powers
Costs order can be imposed on defendant if unsuccessful
169
Which court can the prosecution and defendant appeal from the MC on the ground the decision is wrong in law or in excess of jurisdiction?
Divisional Court (High Court)
170
When must a defendant lodge a written notice of appeal from the MC to the Divisional Court by way of case stated?
Within 21 days of the MC decision
171
What must a defendant obtain before appealing from the Crown Court?
Leave to appeal
172
Who can provide leave to appeal from the Crown Court?
- The Crown Court trial judge
- Court of Appeal
173
If a defendant seeks leave to appeal from the Court of Appeal when must they lodge their notice of application of leave to appeal?
Within 28 days of the decision
174
On which ground can a defendant appeal a conviction from the Crown Court?
On the ground it is unsafe
## Footnote
e.g. evidence wrongly admitted, biased judge, direction wrongly given, problems relating to jury
175
176
On which 3 grounds can a defendant appeal a sentence from the Crown Court?
- Wrong in law
- Wrong in principle
- Manifestly excessive
177
Can the prosecution appeal a jury decision to acquit a defendant?
No
178
What can the prosecution appeal?
Rulings made by the judge during the course of the trial
## Footnote
e.g. decision of no case to answer, on admission and exclusion of evidence
179
Who may refer a case to the Court of Appeal if they feel a sentence passed was unduly lenient and permission granted in Court of Appeal?
Attorney General
180
What are the 2 requirements for the defendant or prosecution to appeal to the Supreme Court?
- Court of Appeal or Supreme Court grant leave to appeal
- Court of Appeal certifies that a point of law of general public importance is involved
181
The Youth Court is part of which court?
Magistrates' Court
182
What jurisdiction does the Youth Court have if the defendant turns 18 during proceedings?
Youth Court may elect to retain the case for trial or remit to Magistrates' Court.
Retains full adult sentencing options either way
183
What occurs when a youth is charged with
- Murder, attempted murder, or manslaughter
- Certain firearms offences
- Specified violent, sexual, or terrorism offences where there youth is considered dangerous
Must be sent to the Crown Court for trial
184
What are the 2 requirements for the Youth Court to send grave crime cases to the Crown Court?
## Footnote
e.g. robbery, rape, specified firearms or sexual offences
- Maximum sentence is insufficient
- Sentence of long term detention would be more appropriate
## Footnote
Must be real prospect of custodial sentence over 2 years for Youth Court decline jurisdiction
185
A referral order to the Youth Offender Panel involves agreeing a contract with what objectives?
- Address the youth's offending
- Address youth's issues
- Make restitution to the victim
## Footnote
If further offences committed while subject to order or terms breached, court has discretion to revoke order and resentence
186
How long is the contract agreed between a youth and Youth Offener Panel in a referral order?
3-12 months
187
When can a referral order not be made?
When the defendant (youth) pleads not guilty to all offences but convicted after trial
188
How long can a Youth Rehabilitation Order last?
Up to 3 years
189
If unpaid work is ordered in a Youth Rehabilitation Order, what is the maximum number of hours and time period?
- 240 hours
- 12 months
190
What is the availability of Detention and Training Orders in the Youth Court for defendants aged
- 10-11
- 12-14
- 15-17
- Not available
- Only available for persistent young offenders (3 sentences for offences punishable by imprisonment)
- Available as long as court believes case is so serious only a custodial sentence is justified
191
What is the sentencing range of Detention and Training Orders?
4-24 months
## Footnote
4, 6, 8, 10, 12, 18, 24
192
How does a youth spend their Detention and Training Order?
First half in custody
Second half under supervision of Youth Offending Team
## Footnote
In case of breach, court can order youth to serve a further period in custody
193
Who decides the conditions of the supervision period of a Detention and Training Order?
Youth Offending Team
194
What is the exception to the rule that it is not permissible to ask leading questions during examination-in-chief?
Permitted only on background and agreed matters
195
A police officer of what rank (or above) can approve a delay to a suspect's right to have a friend, relative, or other person notified of their arrest?
Inspector
196
The removal of a solicitor who obstructs the conduct of a police interview must be authorised by a police officer of what rank (or above)?
Superintendent
197
What are the 3 requirements for a suspect's right to have a friend, relative, or other person notified of their arrest be delayed?
- Suspect arrested for an either way or indictable only offence
- A police officer of the rank of inspector or higher approves the delay
- There are reasonable grounds to believe exercise of the right will lead to interference with evidence, interference with others, alerting other suspects, or hindering the recovery of property related to the offence
198
Is failure to surrender to bail an offence?
Yes
199
Is breach of bail an offence?
No
200
What is breach of bail likely to result in?
Withdrawal of bail or imposition of more stringent conditions
201
Will a solicitor for a defendant charged with an indictible only or summary only offence receive less disclosure prior to defendant's first appearance? Why?
The solicitor for a defendant charged with an indictable only offence will receive less disclosure because the Magistrates' Court will immediately send the matter to the Crown Court
202
What will a judge do if he decides identification evidence is too weak and there is no other evidence?
Withdraw the case from jury
203
Can expert evidence be adduced at a criminal trial through hearsay evidence?
Yes
204
If a defendant challenges the admissibility of a confession by asserting oppression or things said or done by the police that render the confession unreliable, who has the burden of proof and what standard applies?
## Footnote
2
- The defendant has the burden of showing a causal link between the oppression or things said and done by a balance of probabilities
- The prosecution has the burden of proving beyond reasonable doubt that neither mistake nor oppression rendered the confession unreliable
205
What evidence does the court have discretion to exclude from evidence in a criminal trial?
## Footnote
4
- Evidence obtained through an illegal search
- Identification evidence
- Confessions
- Evidence obtained through covert surveillance or undercover operations
206
Which type of charges might be ignored when determining whether the defendant is of good character?
Minor, old, or unrelated charges
207
Which side is a co-defendant compellable for?
No one
## Footnote
Unless the co-defendant pleads guilty or the case against them is dropped
208
Is the court required to take mitigating factors into account?
No
## Footnote
The court has discretion to take them into account but is not required to
209
Can an offender who breaches a community order be sentenced immediately to custody?
Yes
210
May the Crown Court decline a timely appeal from the Magistrates' Court?
No
211
What are the 3 bases for an appeal from the Crown Court against sentence?
- Sentence was wrong in law
- Sentence was wrong in principle
- Sentence was manifestly excessive
212
If a youth appears in Youth Court and is charged with a grave crime, can the Youth Court retain jurisdiction?
Yes, if it determines it has adequate sentencing power
213
What sentencing limit is imposed on the Court of Appeal for cases appealed from the Crown Court?
Cannot exceed sentence imposed by the Crown Court
## Footnote
It's not about sentencing power in this case
214
The duty to serve a defence case statement applies only in which court?
Crown Court
## Footnote
No duty on defence to disclose in the Magistrates' Court
