Criminal Practice Flashcards
Courts of First Instance
- Magistrates
- Crown Court
Classification Offences
- Summary Only
- Either Way
- Indictable Only
Summary Only
- Magistrates
- 6 Months (Single Either Way or Multiple Summary Only)
- 12 Months (More than 1 Either Way)
Either Way
- Magistrates or Crown Court
- Consider whether magistrate powers adequate
- Consider what the defendant wants
Indictable Only
- Crown Court
- First appearance at Magistrates, then directly to Crown
Rights under PACE
- Free Legal Advice
- Notify Someone of Arrest
- Inspect Police Code of Practice
- Silence
- Informed of Reasons for Arrest
- Inspect Documents
- Information on Time Limits
Time in Custody Without Charge
- 24 Hours
- Extend by 12 Hours (Super-Intendant)
- 36 Hours for 1st Application (Magistrates)
- 12 Hours on 2nd Application (Magistrates)
Identified Procedures must be held
- Witness Identified Suspect
- Witness says they can identify suspect
- Reasonable chance witness can identify suspect
Identification Procedure
- Video Identification
- Identification Parade
- Group Identification
- Confrontation
Substantial Grounds for Bail Applications
- Nature and Seriousness of Offence
- Probable Method of Dealing with Offence
- Previous Convictions
- Association and Community Ties
- Record on Complying with Bail Obligations
- Strength of Evidence
Conditions for Bail must be
- Relevant
- Proportionate
- Enforceable
Means Test for Legal Representation
- If below 3,398 per annum (satisfied)
- If above 3,398 but below 37,500 (limited legal aid)
- Over 37,500, not entitled to legal aid
Theft under 200 quid
Magistrates Court cannot decline jurisdiction
Case Management for Magistrate Court
- Prosecution to give evidence served within 28 days
- Defence Case Statement (14 days)
- Witness Requirements and Objections to bad character (7 days)
- Defence’s notice of intention to adduce hearsay evidence or bad character evidence served within 14 days
- Points of law raised at least 21 days before trial
- Certificates of readiness serviced atleast 7 days before trial
Crown Court Indictable Matter Case Management
- Preliminary Hearing (14 days)
- Plea and Trial Prep Hearing (28 days after case sent)
- If trial, 50 days (or 70 days if defendant on bail) prosecution to provide disclosure
- Defence case statement must serve within 14 days of prosecution disclosure
Turnbull Guidelines for Identification Evidence
- Amount of time the witness had to observe the perpetrator
- Distance between the witness and perp
- Visibility at the time the witness saw the perp
- Obstruction
- Known to the witness
- Any reason to remember
- Time between incident and identification
- Errors between first description and actual appearance
Hearsay Evidence under Admissibility
- Under Statute
- Rule of Law
- Agreement by Parties
- Interest of Justice
Confessions Admissibility
- Must be Relevant
- Must be consider Challenge
- Crown Court (Hearing in absence in jury)
- Magistrates (Put the confession from mind)
7 Gateways for Bad Character Evidence under Criminal Justice Act 2003
- All parties agree
- Introduced by defendant
- Important explanatory evidence
- Relevant to important matter in issue
- Substantial probative value
- Correct faise impression given by defendant
- Defendant attacked another’s character
Time Limits for Bad Character Evidence
- Within 28 days of NG in MC
- Within 14 days of NG in CC
Stages of Criminal Trial
- Opening Speech
- Calls Witnesses
- Defence can make an application of no case to answer
- Defence calls witness
- CC - Sums up evidence and jury deliberates
- Bench or Jury deliver verdict
Examination in Chief
- Own Side
- No leading questions
Cross-Examination
- Other Side
- Leading Questions Permitted
Defendants
Prosecution: Neither Competent or Compellable
Defence: Competent but not compellable
Defendant’s Spouse or Civil Partner
Prosecution: Competent but not compellable
Defendant: Competent and Compellable
Co-Defendants
Posecution: Neither Competent or Compellable
Defence: Competent but not compellable
Appeals from MC
- 21 days to appeal
- 21 days to appeal to divisional court - legal arguments only
Appeal to CC
- 28 days to lodge notice at CC
- Court of Appeal can Quash, Order Acquittal or Retrial, Find Guilty
- Grounds of Appeal: Wrong in Law, Wrong in Principle, Manifestly Excessive
Youth Court
- Part of MC
- Serious sent to CC
- Youth Rehabilitation Order (3 Years)
- Custodial Sentence (12 and over)
4.1 12-14 for persistent offending
4.2 15-17 (4,6,8,10,12,18,24 months)
