criminal practice Flashcards
what rights does a suspect have on arrival at the station
- must be informed of their rights
- the right to legal advice
- the right to have someone informed
when may the right to legal advice be delayed
for a maximum of 36 hours by officer of rank superintendent or above
when may the right to have someone informed of arrest be delayed
for a maximum of 36 by an officer of rank inspector or above
what is the detention clock
the maximum period of detention of 24 hours starting from arrival at station or arrest, whichever is later.
what is the review clock
the periodic review of detention conducted by officer of rank inspector or above. initial review is 6 hours aftr authorisation of detention, then 9 hours for following
s34 adverse inference
fails to mention in interview a fact later relied on at trial, it may be inferred that the defence was recently fabricated
s36 adverse inference
where suspect fails to account for marks / substance / object etc in possession or at location at time of arrest
s37 adverse inference
where suspect fails to account for their presence in proximity to the crime at the time of their arrest
when should a suspect not be interviewed?
when they appear unable to:
1. appreciate the significance of their answers
2. understand what is happening due to the effects of drink, drugs or any illness/ailment/condition
what should an officer do at the beginning of an interview
- re-caution the suspect
- remind them of their right to legal advice
- put to them any significant statements or silences
what is the procedure for showing photos to ascertain ID
- must be shown with 12 other photos.
- where positive ID is made, must conduct a formal ID procedure
what is the procedure for using video ID to ascertain ID
- must be shown with 8 other people who resemble the suspect
- if 2 look very similar, must show 12 others
- police must conceal any unusual features
what is the procedure for using ID parade to ascertain ID
- must be show with 8 other people
- must take steps to conceal any unusual features
- suspect may choose place in line
- colour photo / video recording must be made of the lineup
what is a group ID
where the witness sees the suspect in an informal group
what is confrontation ID
a last resort where the witness is brought face-to-face with the suspect
who runs an ID procedure
an officer of rank inspector or above who is not involved with the investigation
what does Code C govern
conduct at the police station and in interview
what does Code D govern
video ID procedure
how long can a defendant be remanded in custody before reappearing before court
8 days
what is the overall limit in pre-trial custody for a summary offence?
56 days
what is the overall limit in pre-trial custody for an either-way offence?
70 days
what are the grounds to deny bail
where there is a substantial ground to believe D will:
a. fail to surrender
b. commit an offence
c. interfere with witnesses or otherwise obstruct the course of justice
what is low-value shoplifting?
s1 theft where the value of goods does not exceed £200
what is summary offence criminal damage?
where value of damage is below £5,000, excluding arson
what are the considerations in the interests of justice test?
- loss of liberty or reputational damage
- substantial question of law
- individual can’t understand or state their own case
- witness work is required
- it is in interest of another
when is the means test automatically satisfied
when the defendant receives benefits or is under 18
how long is given to prepare for trial in the mags
8 weeks (14 where expert evidence is required)
when should a PTPH take place?
within 20 days of sending the case to the crown court
what is the CPS duty of disclosure
they must disclose any evidence on which they wish to rely to prove guilt
and then any evidence which may undermine the prosecution case or assist the defence
what are the basic requirements of admissible evidence?
- relevant to the facts in issue
- admissible
how is visual ID evidence excluded?
s78 PACE 1984
if not excluded, move to get turnbull warning
what are the grounds for admissibility of hearsay evidence
a. falls under statute
b. rule of law
c. all parties agree
d. interests of justice
statutory grounds for admitting hearsay evidence
a. witness unavailable
b. relates to business docs
how is admissibility of confession evidence challenged?
s76 PACE 1984 - oppressive or unreliable grounds. court must exclude unless prosecution can prove BRD that it was not
s78 PACE 1984
7 gateways of admitting bad character evidence of the defendant
a. all parties agree
b. evidence adduced by D
c. important explanatory evidence
d. shows propensity to commit this kind of offence or be untruthful
e. substantial probative value between co-defendants
f. to correct a false impression
g. D has made attack on another’s character
how to prevent bad chaarcter evidence admission under gateway d?
court ought not to admit where it would have such an adverse effect on fairness of proceedings under s101(3) CJA
what are the 3 gateways for admitting character evidence of others?
a. important explanatory evidence
b. substantial probative value
c. all parties agree
what is a voir dire
a separate hearing to determine a disputed point of law
what constitutes a valid jury decision
a unanimous decision. after 2 hours 10 if no decision, 11:1 or 10:2
general rule of competence of witnesses
a person is not competent if they cannot:
a. understand questions put to them as a witness and
b. give answers which can be understood
when is a spouse compellable
- offence involves [threat of] assault or injury to the spouse or a person under 16
- where charge is related to a sexual offence involving a person under 16
factors to which court must have regard in sentencing
- punishment
- reducing crime
- reform and rehabilition
- protection of the public
- reparations
what is the custody threshold
offence must be so serious that fine nor community sentence can be justified
how long of a suspended sentence can be imposed
between 6 months and 2 years on a sentence between 14 days and 2 years
what grounds can a defendant appeal a magistrates conviction
on the basis of an error in fact or in law, within 15 business days
what grounds can a defendant appeal a magistrates sentence
on the grounds that it is excessive, within 15 business days
when may an appeal be made to the high court by way of case stated
- decision is wrong in law
- mags acted outside their jurisdiction
- within 21 days
when can an appeal be made from the high court
made to the supreme court on a point of law only
what grounds can a defendant appeal a crown court conviction
where conviction is unsafe, within 28 days. takes place in court of appeal
what grounds can a defendant appeal a crown court sentence
where wrong in law/principle/approach or sentence is manifestly excessive . sentence can’t be increased. must apply within 28 days.
when can the prosecution appeal a crown court decision
may appeal unduly lenient sentence. may appeal against acquittal for serious offences where new evidence is arisen and interests of justice test is passed.
when is a juvenile sent to adult court
- homicide
- firearms offences
- grave crimes
- jointly charged with adult
- specified violent / sexual offence
what is a grave crime
sexual offence or one for which an adult could get 14 years
what is the default when a juvenile is refused bail
they will be put in a local authority accommodation
what is a persistent young offender
3 or more convictions
when is a juvenile put in youth detention accomodation
- aged 12-17
- has legal rep
- offence is violent or sexual and child likely to get custody
- necessary to protect public and can’t be managed in community
what are the sentence options for juveniles
- referral order
- rehabilitation order
- detention and training order (must be 15 plus or a PYO between 12-14)
can a defendant be ordered to pay costs for an appeal
yes, if appeal is unsuccessful
can an appellant receive bail
they don’t have a right but may apply to magistrates’ and then crown court. it may be awarded at the court’s discretion.
when will a defendant’s basis of plea be rejected
when it materially affects the sentence
