Criminal Practice Flashcards
A solicitor is representing a defendant, at the local magistrates’ court for a criminal offence. The defendant has pleaded guilty to an either-way imprisonable offence. The court has adjourned the case to obtain a full pre-sentence report covering all sentencing options. The defendant has no similar previous convictions but does have two previous convictions for failing to surrender to court bail and he has been to prison before. The Crown Prosecution Service are objecting to bail in these proceedings on the basis that there are substantial grounds to believe the defendant, if released on bail, will fail to surrender to custody.
Which of the following factors is the court likely to find the most compelling for refusing bail on this ground?
The defendant’s record in respect of previous grants of bail in criminal proceedings, because he has two previous convictions for failing to surrender to court bail.
A suspect, who is 42 years of age, is arrested at his home on suspicion of burglary by a police constable. A witness has seen a person running from the burgled property holding a laptop. The witness describes the person as white, tall and aged about 40 years and believes he would be able to recognise this person again.
When booked in to custody by the custody sergeant the suspect declined the offer of legal representation. A detective constable takes over the conduct of the case and wishes to hold a video identification procedure. The suspect has a large birth mark on his right cheek.
Which of the following statements correctly describes the conduct of such an identification procedure?
The suspect or his legal representative must be given a reasonable opportunity to see the complete set of video images before it is shown to the witness.
A solicitor is representing a female client who has been arrested on suspicion of theft, it being alleged that she stole goods from a clothes shop. She was caught on CCTV putting items in her bag without paying for them. She was arrested outside the shop and the items were recovered from her bag. The solicitor learns that she has 3 previous convictions for theft. The solicitor attends the police station before the client’s interview and during their consultation, the client admits that she stole the items in question. In light of this and the strength of the evidence, the solicitor advises her that her best option in interview is to answer the questions and tell the truth.
Which of the following best describes the reason why the solicitor advised their client to do this?
Because, at sentencing, she is likely to be given credit by the court for her cooperation with the police at the first interview.
A defendant has been charged with burglary and entered a not guilty plea. The defendant made no reply to arrest, made no comment in his interview, made no reply to charge and has not made any significant comments to the Police.
The defendant has not yet submitted a defence statement and has three previous convictions for theft (by way of shoplifting) from last year and one for assault from seven years ago. The defendant pleaded Guilty to all of the theft offences and not guilty to the assault but was convicted after trial in which he testified in his defence.
What is the most appropriate basis upon which an application could be made by the prosecution to adduce evidence of the defendant’s bad character?
That the defendant has a propensity to commit offences of the kind with which he is charged.
A client, aged 14 years, is charged with robbery. The client denies the offence. The client has no previous convictions and she is not a dangerous offender. The client wants to know where her trial will take place.
Which of the following represents the best advice to give the client about trial venue?
The case may be tried in either the Youth Court or the Crown Court depending on the seriousness of the robbery.
A woman has been charged with one offence of theft of money. The prosecution case is that she took £250 in cash from the study in her employer’s home, where she works one day a week as a cleaner. She will plead not guilty. When questioned by the police she told them that she saw her employer’s son take the money from a desk drawer, and when he noticed her he said “keep quiet and mind your own business.” The woman instructs her solicitor that she “just wants it all over with” so that she can move back to Spain to care for her very sick mother. She has no previous convictions.
Which of the following factors is the most important when advising the woman about her choice of trial venue?
It is likely that her case will be heard sooner in the magistrates’ court than the Crown Court.
A man is charged with assault occasioning actual bodily harm. It is alleged that he punched another man following an altercation in his local pub. The man accepts that he punched the other person, but says that he did so in self-defence. The man’s trial takes place in the magistrates’ court.
The trial is conducted properly and there are no errors of law or procedure by the magistrates. They find the man guilty of the offence. The man wants to appeal against his conviction.
Which of the following best describes which court the man can appeal to against his conviction?
The only route of appeal is to the Crown Court against his conviction because there were no errors of law or procedure.
A woman is on trial for murder. She raises the defence of alibi, claiming that at the time of the victim’s death she was at a friend’s party. She wishes this defence to be considered by the jury. The woman enters the witness box and testifies by giving details of her alibi; including whose party is was, where it was, what time it started and who was present.
Which statement best explains the operation of the evidential burden on the defence in this matter?
The woman can discharge her evidential burden, putting some evidence of her alibi defence before the court, by testifying at trial.
A man has been charged with assault occasioning actual bodily harm. The offence is alleged to have taken place outside a football ground. Although the man accepts he was at the football ground to watch a match that evening, he denies all knowledge of the assault.
The matter proceeds to the Crown Court for trial. The only evidence called by the CPS is from a security guard who claims to have witnessed the incident and has subsequently picked the man out at a video identification procedure. The identification procedure was carried out lawfully. The man claims the security guard is mistaken.
During cross examination at trial the security guard concedes that the incident occurred at night, that he only observed the incident for a moment, and, saw only part of the attacker’s face.
Which of the following best describes what is most likely to happen at trial?
The judge should stop the trial at the end of the prosecution case and direct the jury to acquit the defendant.
A man has been charged with making off without payment and assault occasioning actual bodily harm. The prosecution case is that on a night out, the man refused to pay his taxi fare and punched the driver several times in the face before leaving the scene, causing the taxi driver a broken nose and bruising to his face. The prosecution case is that this was an unprovoked incident. The taxi driver was off work for several weeks.
The man was convicted following a trial and is now due to be sentenced by the court. He has a previous conviction for criminal damage six years ago and presently works as a fireman.
Which of the following matters is the court likely to consider an aggravating feature?
The victim was providing a service to the public.
A man has been arrested on Tuesday at 10:00 hrs on suspicion of common assault (a summary offence) and taken to the local police station by the arresting officer. He arrives at 10:15 hrs and the custody officer authorises his detention to obtain evidence by questioning him at 10.30 hrs.
Which of the following best describes the maximum period of time this man can be detained before charge?
He can be detained up until 10:15 hrs on Wednesday.
A woman has been arrested and taken to the police station. When she is given her rights, she requests legal advice, but she subsequently changes her mind when she learns the police are ready to interview her and there is a delay in her solicitor attending the police station. The custody officer authorises the interview to proceed in the absence of the solicitor and makes an entry to this effect in the custody record. The woman also confirms her change of mind in writing by signing an entry to this effect in the custody record.
Can the interview lawfully proceed on this basis?
No, because written authority can only be given by an officer not below the rank of inspector.
A man has been arrested on suspicion of burglary. A witness claims to have seen the man climbing out of a window of the burgled premises at the time of the burglary. The witness claims she recognized the man because they were at school together. During interview, the man denies any involvement in the burglary and claims the witness is mistaken. He also claims the witness could not have recognized him on the basis that he is known to her as they were not in the same class or year group at school and he left school six years ago. A man has been arrested on suspicion of burglary. A witness claims to have seen the man climbing out of a window of the burgled premises at the time of the burglary. The witness claims she recognized the man because they were at school together. During interview, the man denies any involvement in the burglary and claims the witness is mistaken. He also claims the witness could not have recognized him on the basis that he is known to her as they were not in the same class or year group at school and he left school six years ago.
Which of the following statements best describes whether the police will now be required to hold an identification procedure?
The holding of an identification procedure will be required because the man claims the witness is mistaken and disputes that he is known to the witness.
Two brothers have been arrested on suspicion of affray. The police have a witness to the incident who believes he would be able to identify the two offenders. Both brothers deny being involved in the incident and both claim they were elsewhere at the time. Because the two brothers are roughly of similar appearance, the police hold a video identification procedure with the images of the two brothers and 10 images of other people who all resemble the suspects in age, height, general appearance and position in life. The investigating officer, who is an officer of inspector rank, conducts the video identification procedure.
Has the video identification procedure been properly conducted?
No, because 12 other images should have been used and the investigating officer must not be involved in the identification procedure.
A street robbery takes place and the victim provides a first description of the robber. The victim does not know who the robber was and so she is shown photographs, in batches of 12, of people who fit this description. The victim makes a positive identification of a man who is then arrested on suspicion of committing the robbery. The man is interviewed and denies any involvement, claiming that he was elsewhere at the time of the robbery.
What are the police now required to do?
The victim should now be asked to take part in an identification procedure
