Brainscape's Knowledge GenomeTM

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


See full index

SQE1 > Criminal Practice > Flashcards

Criminal Practice Flashcards

complete

1
Q

When does the suspect become the defendant?

A

Once they have been charged

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

To what standard must the prosecution prove the defendant committed an offence?

A

Beyond a reasonable doubt

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

What is the least serious type of offence?

A

Summary only

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

In which court are summary only offences tried?

A

Magistrates’ Court

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

What is the maximum sentence for
- one summary only offence
- two or more summary only offences

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

What is the most serious type of offence?

A

Indictable only

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

In which court are indictable only offences tried?

A

Crown Court

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

Where are either way offences tried?

A

Magistrates’ or Crown Court

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

What 2 elements determine which court tries an either way offence?

A
  • Seriousness of the offence (court declines jurisdiction)
  • Defendant’s wishes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What type of offences?
- Theft
- Criminal damage
- Burglary

A

Either way

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

What type of offences?
- Assault
- Battery

A

Summary only

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

What type of offences?
- Robbery
- Rape
- Murder

A

Indictable only

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

Who presides over the Magistrates’ Courts?

A

District judge or a panel of magistrates

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

How many laypeople in a panel of magistrates?

A

2-3

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

In which court do all criminal cases start?

A

Magistrates’ Court

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

Who decides all matters in the Crown Court?

A

Jury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Which act sets out rights of suspects detained by police?

A

Police and Criminal Evidence Act 1984 (PACE)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

When a detained suspect requests free legal advice, who do the police contact?

A

Defence Solicitors Call Centre (DSCC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How long can a Superintendent (or above) delay a suspect’s access to legal advice?

A

36 hours

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

How long can an Inspector (or above) delay a suspect’s right to inform someone of their arrest?

A

36 hours

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

By how long can the police extend the period a suspect is kept in custody without being charged?

A

12 hours

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

When can a further 12-hour extension to keep a suspect in custody without being charged be granted (beyond the standard 24 hours)?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What must the police obtain to extend suspect detention further than 36 hours?

A

A warrant for further detention from the Magistrates’ Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What is the maximum time a suspect can be kept in custody without charge with full extensions granted?

A

96 hours

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What are the stages of the Magistrates’ Court providing extension to the maximum time a suspect can be kept in custody without charge?

A
  • First application: further 36 hours
  • Second application: further 24 hours
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

When will the Magistrates’ Court approve extension to the maximum time a suspect can be kept in custody without charge?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

In which 3 cases are identification procedures held?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What might the police do with a witness if the suspect is not yet identified?

Shortly after the offence

A

Take the witness to the scene of the offence to see if the suspect can be identified locally

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

If a witness identifies a suspect at the scene of the offence with police, what is then carried out?

A

Identification procedures

in a controlled environment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

When are identification procedures not carried out?

A

If the witness knows the suspect and has seen them recently

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What are the 3 rights of suspects in identification procedures?

Legal

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What are the suspect’s obligations and consequences of their decisions in ID procedures?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What are the 4 types of ID procedures?

A
  • Video identification
  • Identification parade
  • Group identification
  • Confrontation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

What are the 5 elements of video identification?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What are the 5 elements of an identification parade?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

What are the 4 elements of group identification?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What are the 5 elements of confrontation?

Rare procedure

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

What is the most common identification procedure?

A

Video identification

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

If Code D (identification procedure rules) is breached, what will the court consider when deciding if evidence should be excluded?

A

Whether its admission would have an adverse effect of fairness of trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

In police interviews, what type of recording is:
- Mandatory
- Optional

A
  • Audio
  • Video
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

In which 2 situations should a suspect not be interviewed by police?

A
  • Suspect seems unable to appreciate significance of questions or answers
  • Suspect unable to understand what is happening (intoxication, other condition)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Term for a log of suspect’s time in police detention maintained by custody officer?

A

Custody record

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

What must the custody officer provide a suspect’s legal representative?

A
  • Custody record
  • Sufficient information to understand nature of offence and reasons why suspect detained

No obligation to disclose evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

What is the consequence of a suspect’s failure to disclose information they later rely on in court?

A

Adverse inference drawn by court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

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?

A

Special caution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

What is mentioned by the interviewing officer in a special caution?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

What are the suspect’s 3 options in an interview?

A
  • Answer questions
  • Decline to answer questions
  • Hand in a written statement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Which 2 groups are considered vulnerable suspects?

A
  • Under 18
  • Suspects with mental health disorders
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

Who is responsible to identify vulnerable suspects?

A

Custody officer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

As a safeguard, vulnerable suspects are entitled to access an appropriate adult.
Who can the appropriate adult be?

A
  • Parent/guardian
  • Representative from care organisation
  • Social worker
  • Volunteer not associated with police
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

Which 2 behaviours by police may result in police interview evidence being excluded?

A

Oppression and inducement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

What qualifies oppression in a police interview?

A
  • Torture
  • Inhuman or degrading treatment
  • Use of threat or violence
  • Too many officers present
  • Room is poorly lit, unventilated, extreme temperatures
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

What qualifies inducement in a police interview?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

What is the procedure if a solicitor obstructs a police interview?

Including prompting answers or answering for the defendant

A
  • Warning
  • Removal authorised by Superintendent
  • Defendant entitled to speak to another solicitor
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

What is the status of evidence obtained at police interview after wrongful removal of defendant’s solicitor?

A

Admissibility may be challenged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

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?

A

Certificate of full argument

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

When can the court refuse bail and remand a defendant into custody?

A
  • An exception to the right of bail applies; and
  • There is a real prospect of a custodial sentence being imposed if convicted
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

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

A

When deciding whether substantial grounds to refuse bail are made out

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

What is the decription of bail conditions the court can impose?

A

Relevant, proportionate, and enforceable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

Who hears bail applications for murder charges?

A

Crown Court Judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

A defendant charged with murder may not be granted bail unless which condition is satisfied?

A

There is no significant risk that the defendant would commit an offence likely to cause physical or mental injury to another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

How many bail applications may a defendant make based on the same facts and submissions?

A

Two

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

When may a defendant make additional bail requests?

A

When there is a change of circumstance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
68
Q

What safeguard is taken to protect vulnerable detainees or detainees under 18?

A

An appropriate adult should be summoned to protect the interests, rights, welfare, and entitlements of the vulnerable detainee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
69
Q

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

A

Pre-sentence report

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
70
Q

What are the court’s next steps after a defendant pleads guilty of a summary only offence at first hearing?

A

Proceed immediately to sentence unless pre-sentence report required

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
71
Q

What are the court’s next steps after a defendant pleads not guilty of a summary only offence at first hearing?

A

Date for trial set for 6-8 weeks and orders for disclosure made

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
72
Q

What process does the Magistrates’ Court proceed to at first hearing for an either way offence?

A

Plea before venue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
73
Q

What does the Magistrates’ Court order at first hearing of an indictible only offence?

A

Matter immediately sent to Crown Court for trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
74
Q

What are the defence solicitor’s tasks before applying for bail?

A
  • Obtaining disclosure from prosecution
  • Taking instructions from defendant
  • Advising the defendant
  • Applying for a representation order
  • Making an application for bail
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
75
Q

Disclosure is usually only available after court directions at first appearance.
When can a defence solicitor seek disclosure prior to first appearance?

A

If a representation order is already in place

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
76
Q

For summary only and either way offences, when is disclosure available more quickly than if he had been remanded on bail?

A

If the defendant was in custody prior to first appearance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
77
Q

When is a representation order not needed?

A

When the defendant is privately funded

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
78
Q

What 2 requirements must a defendant satisfy to be awarded a representation order?

A
  • Interests of justice test
  • Means test
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
79
Q

What are the 5 factors for Interests of Justice Test?

A
  • 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)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
80
Q

In which 3 cases is the means test satisfied qualifying the defendant for legal aid?

A
  • Under 18
  • Receives benefits
  • Annual disposable income under £3,398
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
81
Q

What procedure takes place when a defendant appears and is charged with an either way offence?

A

Plea before venue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
82
Q

What are 3 advantages of trial at the Magistrates’ Court?

A
  • Limited sentencing powers
  • Relative speed and low cost
  • Less stringent disclosure requirements on defence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
83
Q

What are 3 advantages of trial at the Crown Court?

A
  • Higher rates of acquittal than MC
  • More effective process for challenging admissibility of evidence
  • Longer delay before trial
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
84
Q

What 3 factors does the Magistrates’ Court consider when deciding whether to accept jurisdiction?

A
  • Defendant’s previous convictions
  • Whether court sentencing powers are adequate
  • Representations by defence and prosecution on mode of trial and adequacy of sentencing powers
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
85
Q

What indication may the defendant request from the court?
Is the court obliged to provide it?

A
  • Sentencing indication: whether the sentence would be custodial or non-custodial if they were to plead guilty and accept summary proceedings
  • No
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
86
Q

If the court gives a sentencing indication, when is it obliged, and not obliged, to follow the indication?

A

Obliged: if an indication is given and the defendant changes their plea to guilty
Not obliged: defendant maintains non-guilty plea

87
Q

When is theft considered low value?

A

Up to £200

88
Q

What is the low value theft hybrid procedure?

A

Magistrates’ Court cannot decline jurisdiction (like summary only)
Defendant can still elect Crown Court trial (like either way)

89
Q

In which 2 situations may an either way offence be sent to the Crown Court without plea before venue and allocation?

A
  • 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
Q

Who completes the case management form?

A

Court’s legal advisor with help from defence and prosecution

91
Q

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

A

Case management form

92
Q

What are the Magistrates’ Court’s case management directions on evidence service?

A
  • 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
Q

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

A

Within 14 days

94
Q

Within what period from case being sent to Crown Court will a plea and trial preparation hearing be held?

A

28 days

95
Q

What is arraignment?

A

Plea taken on indictment

Takes place at plea and trial preparation hearings

96
Q

How long does the prosecution have to complete disclosure?

A

50 days
70 days if defendant on bail

97
Q

What is the prosecution obliged to disclose?

A
  • 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
Q

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

A

Defence case statement

99
Q

Within what period from prosecution making disclosure must the defence serve a defence case statement on the prosecution and the Crown Court?

A

Within 28 days

100
Q

What is drawn if the defence fail to serve an adequate defence statement in time?

A

Adverse inference

101
Q

What do the Turnbull Guidelines set out?

A

Factors to determine the strength of the identification evidence

Used when a case will substantially rely on identification evidence

102
Q

When are the Turnbull Guidelines used?

A

When a case wholly or substantially relies on identification evidence and the defendant disputes the identification evidence

103
Q

What are the 8 Turnbull Guidelines?

Use the mneumonic

A
  • Amount of time
  • Distance
  • Visibility
  • Obstruction
  • Known
  • Any reason to remember
  • Time lapse
  • Errors
104
Q

What 3 points does the judge raise to the jury when giving a Turnbull Warning?

A
  • 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
Q

What are the 4 situations adverse inference can be drawn?

A
  • 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
Q

A statement, not made in oral evidence, that is relied on as evidence of a matter in it.
What is being described?

A

Hearsay evidence

107
Q

What are the 4 categories of admissible hearsay evidence?

A
  • Admissible under statute
  • Admissible by rule of law
  • Admissible by agreement of all parties
  • Admissible in the interest of justice
108
Q

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

A

Admissible under statute

109
Q

What occurs when a statement has been relayed through more than one person before it gets to court?

A

Multiple hearsay

110
Q

Term for statements partly expultary and partly incriminating?

A

Mixed statements

Form of confessions

111
Q

In evidence rules, when is something considered relevant?

A

When it goes to proving or disproving some fact in issue in the prosecution

112
Q

When can the defence challenge a confession?

A

Oppression
Unreliability

Defence must show causal link between ^ and confession

113
Q

In what kind of CC hearing are admissibility of confessions and matters of law decided by judge in the absence of the jury?

A

Voir dire

114
Q

What is the discretionary standard used by the court to exclude evidence offered by the prosecution?

A

If it appears, considering all circumstances, the admission of the evidence would have an adverse effect on the fairness of the proceedings

115
Q

What kinds of breaches may lead to evidence being excluded for unfairness?

A
  • Illegal searches
  • ID evidence
  • Confessions
  • Covert surveillance
  • Undercover operations
116
Q

What are the 7 grounds for admitting bad character evidence?

A
  • 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
Q

Which ground for admitting bad character evidence includes propensity to commit similar offences and propensity to be untruthful?

A

Relevant to important matter in issue

118
Q

Which ground for admitting bad character evidence includes suggesting a witness is biased, raising witness’ previous convictions, and accusing police of misconduct?

A

Defendant attacked another’s character

119
Q

If prosecution wish to adduce bad character evidence, when must they provide notice in a set form and serve?

A

Within 20 business days of not guilty plea in MC
Within 10 business days of not guilty plea in CC

120
Q

If defence wish to oppose prosecution adducing bad character evidence, when must they provide notice in a set form and serve?

A

Within 10 business days of prosecution’s service

121
Q

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?

A

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
Q

What are the 3 grounds for adducing a non-defendant’s bad character?

A
  • All parties agree
  • Important explanatory evidence
  • Substantial probative value relating to matter in issue in proceedings and case context
123
Q

What are the 2 parts of a good character direction?

A
  • Propensity direction
  • Credibility direction
124
Q

When are leading questions not allowed?

A

Examination in chief

125
Q

When are leading questions allowed?

A

Cross-examination

126
Q

In which 2 cases is a witness not competent to give evidence in criminal proceedings?

A
  • Unable to understand questions put to them as a witness
  • Unable to give answers to the court which can be understood

Generally, all competent witnesses are compellable

127
Q

What is the defendant’s competence and compellability for prosecution and defence?

A
  • For prosecution: neither competent nor compellable
  • For defence: competent but not compellable
128
Q

What may be drawn if the defendant does not give evidence at trial?

A

Adverse inference

129
Q

Who decides whether it is fair to hold defendant’s failure to give evidence against them?

A

Jury

Defendant cannot be convicted on basis of adverse inference alone

130
Q

What is the defendant’s spouse’s competence and compellability for prosecution, co-defendant, and defence?

A

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
Q

What are a co-defendants’ competence and compellability for prosecution and defence?

A

Prosecution: neither competent nor compellable
Defence: competent but not compellable

132
Q

When does a co-defendant’s competence and compellability for prosecution and defence change?

A

If a co-defendant pleads guilty or case dropped, they become an ordinary witness and therefore competent and compellable for both sides

133
Q

Which types of witnesses may request special measures to assist them giving evidence?

A
  • 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
Q

What submission can a defence make arguing the prosecution has not presented enough evidence to amount to a prima facie case?

A

Submission of no case to answer

135
Q

What is the result if the defence’s submisison of no case to answer is successful?

A

Defendant is acquitted

136
Q

How are magistrates addressed
- Individually
- As a bench

A
  • Judge
  • Your Worships
137
Q

How is a District Judge addressed?

A

Sir/Madam

138
Q

How is a Crown Court judge addressed?

A

Your Honour

139
Q

Can a solicitor continue to act for a defendant who admits guilt but refuses to plead guilty?

A

Yes but the solicitor cannot put anything before the court they believe to be untrue

140
Q

If a defendant claims they did not commit an offence but insists on pleading guilty, can the solicitor continue to act?

A

Yes but they cannot put forward anything in mitigation that suggests the defendant did not commit the offence

141
Q

When can a solicitor act for 2 or more defendants?

A

When their accounts are aligned

142
Q

What should a solicitor do if they are representing 2 or more defendants and a conflict of interest subsequently arises?

A

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
Q

What could the court order before passing sentence to help determine the appropriateness of various sentencing options?

A

Pre-sentence reports from the probation service and psychiatric reports

144
Q

To what extent are courts obliged to follow sentencing guidelines?

A

Obliged unless it is against the interest of justice to do so

145
Q

Which 4 aggravating factors must be taken into account?

A
  • 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
Q

When is a consecutive sentence more likely than a concurrent one?

A

If the defendant is found guilty of multiple offences that did not arise out of the same conduct

147
Q

When is a concurrent sentence more likely than a consecutive one?

A

If offences arise out of the same matter

148
Q

What is the totality principle?

A

Overall sentence must not be disproportionate to the overall seriousness of the offending behaviour

149
Q

What is the effect of an earlier guilty plea?

A

Greater reduction in sentence

150
Q

What is the sentence reduction if a defendant pleads guilty at the earliest opportunity?

A

One third

151
Q

Six mitigating factors relating to defendant

A
  • Age
  • Health
  • Good character
  • Remorse and voluntary compensation
  • Early guilty plea
  • Family situation
152
Q

For which offences may the Magistrates’ Court impose the maximum 12 months’ imprisonment?

A

For multiple either way offences

153
Q

How does an offender generally spend their custodial sentence?

A

Half in custody
Half on licence (if terms breached or further offences committed, automatically returned to custody for remainder of sentence)

154
Q

What is a suspended sentence?

A

Offender not placed in custody but liable to serve sentence in custody if suspension conditions broken or further offences committed

155
Q

What is the maximum period of sentence suspension?

A

2 years

156
Q

What is the minimum period of sentence suspension?

A

14 days

157
Q

What follows a breach of a community order and what are the options?

A

Breach proceedings

  • Order amended with more onerous terms
  • Order revoked and offender sent to immediate custody
158
Q

Which court action means no punishment whatsoever for the defendant, except for the record?

A

Absolute discharge

159
Q

What does a conditional discharge order?

A

Defendant must not re-offend for a specified period (up to 3 years) or they face being resentenced for the original offence

160
Q

What is always levied on a defendant when sentenced?

A

Victim surcharge

161
Q

What is the process before a court will hold a Newton hearing?

A
  • 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
Q

What is the result for the defendant if a Newton hearing is settled in:
- Prosecution’s favour
- Defendant’s favour

A
  • Defendant loses any credit for guilty plea
  • Defendant retains credit for guilty plea
163
Q

Does the prosecution have a right to appeal in the Magistrates’ Court?

A

No

164
Q

When must a defendant lodge a written notice of appeal within the convicting/sentencing court?

A

Within 15 days

165
Q

Why is there no requirement for the defendant to set out the basis of appeal in the Magistrates’ Court?

A

The court has no power to decline jurisdiction

166
Q

What type of hearing is the appeal from MC to CC?

A

Complete rehearing

167
Q

What can be introduced in a complete rehearing?

A

New evidence

168
Q

What are the Crown Court’s sentencing powers in an appeal hearing?

A

Power to increase or reduce sentence, but restricted to Magistrates’ Court sentencing powers
Costs order can be imposed on defendant if unsuccessful

169
Q

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?

A

Divisional Court (High Court)

170
Q

When must a defendant lodge a written notice of appeal from the MC to the Divisional Court by way of case stated?

A

Within 21 days of the MC decision

171
Q

What must a defendant obtain before appealing from the Crown Court?

A

Leave to appeal

172
Q

Who can provide leave to appeal from the Crown Court?

A
  • The Crown Court trial judge
  • Court of Appeal
173
Q

If a defendant seeks leave to appeal from the Court of Appeal when must they lodge their notice of application of leave to appeal?

A

Within 28 days of the decision

174
Q

On which ground can a defendant appeal a conviction from the Crown Court?

A

On the ground it is unsafe

e.g. evidence wrongly admitted, biased judge, direction wrongly given, problems relating to jury

175
Q
A
176
Q

On which 3 grounds can a defendant appeal a sentence from the Crown Court?

A
  • Wrong in law
  • Wrong in principle
  • Manifestly excessive
177
Q

Can the prosecution appeal a jury decision to acquit a defendant?

A

No

178
Q

What can the prosecution appeal?

A

Rulings made by the judge during the course of the trial

e.g. decision of no case to answer, on admission and exclusion of evidence

179
Q

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?

A

Attorney General

180
Q

What are the 2 requirements for the defendant or prosecution to appeal to the Supreme Court?

A
  • 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
Q

The Youth Court is part of which court?

A

Magistrates’ Court

182
Q

What jurisdiction does the Youth Court have if the defendant turns 18 during proceedings?

A

Youth Court may elect to retain the case for trial or remit to Magistrates’ Court.
Retains full adult sentencing options either way

183
Q

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

A

Must be sent to the Crown Court for trial

184
Q

What are the 2 requirements for the Youth Court to send grave crime cases to the Crown Court?

e.g. robbery, rape, specified firearms or sexual offences

A
  • Maximum sentence is insufficient
  • Sentence of long term detention would be more appropriate

Must be real prospect of custodial sentence over 2 years for Youth Court decline jurisdiction

185
Q

A referral order to the Youth Offender Panel involves agreeing a contract with what objectives?

A
  • Address the youth’s offending
  • Address youth’s issues
  • Make restitution to the victim

If further offences committed while subject to order or terms breached, court has discretion to revoke order and resentence

186
Q

How long is the contract agreed between a youth and Youth Offener Panel in a referral order?

A

3-12 months

187
Q

When can a referral order not be made?

A

When the defendant (youth) pleads not guilty to all offences but convicted after trial

188
Q

How long can a Youth Rehabilitation Order last?

A

Up to 3 years

189
Q

If unpaid work is ordered in a Youth Rehabilitation Order, what is the maximum number of hours and time period?

A
  • 240 hours
  • 12 months
190
Q

What is the availability of Detention and Training Orders in the Youth Court for defendants aged
- 10-11
- 12-14
- 15-17

A
  • 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
Q

What is the sentencing range of Detention and Training Orders?

A

4-24 months

4, 6, 8, 10, 12, 18, 24

192
Q

How does a youth spend their Detention and Training Order?

A

First half in custody
Second half under supervision of Youth Offending Team

In case of breach, court can order youth to serve a further period in custody

193
Q

Who decides the conditions of the supervision period of a Detention and Training Order?

A

Youth Offending Team

194
Q

What is the exception to the rule that it is not permissible to ask leading questions during examination-in-chief?

A

Permitted only on background and agreed matters

195
Q

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?

A

Inspector

196
Q

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)?

A

Superintendent

197
Q

What are the 3 requirements for a suspect’s right to have a friend, relative, or other person notified of their arrest be delayed?

A
  • 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
Q

Is failure to surrender to bail an offence?

A

Yes

199
Q

Is breach of bail an offence?

A

No

200
Q

What is breach of bail likely to result in?

A

Withdrawal of bail or imposition of more stringent conditions

201
Q

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?

A

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
Q

What will a judge do if he decides identification evidence is too weak and there is no other evidence?

A

Withdraw the case from jury

203
Q

Can expert evidence be adduced at a criminal trial through hearsay evidence?

A

Yes

204
Q

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?

2

A
  • 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
Q

What evidence does the court have discretion to exclude from evidence in a criminal trial?

4

A
  • Evidence obtained through an illegal search
  • Identification evidence
  • Confessions
  • Evidence obtained through covert surveillance or undercover operations
206
Q

Which type of charges might be ignored when determining whether the defendant is of good character?

A

Minor, old, or unrelated charges

207
Q

Which side is a co-defendant compellable for?

A

No one

Unless the co-defendant pleads guilty or the case against them is dropped

208
Q

Is the court required to take mitigating factors into account?

A

No

The court has discretion to take them into account but is not required to

209
Q

Can an offender who breaches a community order be sentenced immediately to custody?

A

Yes

210
Q

May the Crown Court decline a timely appeal from the Magistrates’ Court?

A

No

211
Q

What are the 3 bases for an appeal from the Crown Court against sentence?

A
  • Sentence was wrong in law
  • Sentence was wrong in principle
  • Sentence was manifestly excessive
212
Q

If a youth appears in Youth Court and is charged with a grave crime, can the Youth Court retain jurisdiction?

A

Yes, if it determines it has adequate sentencing power

213
Q

What sentencing limit is imposed on the Court of Appeal for cases appealed from the Crown Court?

A

Cannot exceed sentence imposed by the Crown Court

It’s not about sentencing power in this case

214
Q

The duty to serve a defence case statement applies only in which court?

A

Crown Court

No duty on defence to disclose in the Magistrates’ Court

SQE1 (15 decks)

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