Brainscape's Knowledge GenomeTM

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


See full index

SQE 1 > Criminal Practice > Flashcards

Criminal Practice Flashcards

1
Q

Courts of First Instance

A
  1. Magistrates
  2. Crown Court
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Classification Offences

A
  1. Summary Only
  2. Either Way
  3. Indictable Only
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Summary Only

A
  1. Magistrates
  2. 6 Months (Single Either Way or Multiple Summary Only)
  3. 12 Months (More than 1 Either Way)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Either Way

A
  1. Magistrates or Crown Court
  2. Consider whether magistrate powers adequate
  3. Consider what the defendant wants
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Indictable Only

A
  1. Crown Court
  2. First appearance at Magistrates, then directly to Crown
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Rights under PACE

A
  1. Free Legal Advice
  2. Notify Someone of Arrest
  3. Inspect Police Code of Practice
  4. Silence
  5. Informed of Reasons for Arrest
  6. Inspect Documents
  7. Information on Time Limits
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Time in Custody Without Charge

A
  1. 24 Hours
  2. Extend by 12 Hours (Super-Intendant)
  3. 36 Hours for 1st Application (Magistrates)
  4. 12 Hours on 2nd Application (Magistrates)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Identified Procedures must be held

A
  1. Witness Identified Suspect
  2. Witness says they can identify suspect
  3. Reasonable chance witness can identify suspect
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Identification Procedure

A
  1. Video Identification
  2. Identification Parade
  3. Group Identification
  4. Confrontation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Substantial Grounds for Bail Applications

A
  1. Nature and Seriousness of Offence
  2. Probable Method of Dealing with Offence
  3. Previous Convictions
  4. Association and Community Ties
  5. Record on Complying with Bail Obligations
  6. Strength of Evidence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Conditions for Bail must be

A
  1. Relevant
  2. Proportionate
  3. Enforceable
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Means Test for Legal Representation

A
  1. If below 3,398 per annum (satisfied)
  2. If above 3,398 but below 37,500 (limited legal aid)
  3. Over 37,500, not entitled to legal aid
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Theft under 200 quid

A

Magistrates Court cannot decline jurisdiction

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

Case Management for Magistrate Court

A
  1. Prosecution to give evidence served within 28 days
  2. Defence Case Statement (14 days)
  3. Witness Requirements and Objections to bad character (7 days)
  4. Defence’s notice of intention to adduce hearsay evidence or bad character evidence served within 14 days
  5. Points of law raised at least 21 days before trial
  6. Certificates of readiness serviced atleast 7 days before trial
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Crown Court Indictable Matter Case Management

A
  1. Preliminary Hearing (14 days)
  2. Plea and Trial Prep Hearing (28 days after case sent)
  3. If trial, 50 days (or 70 days if defendant on bail) prosecution to provide disclosure
  4. Defence case statement must serve within 14 days of prosecution disclosure
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Turnbull Guidelines for Identification Evidence

A
  1. Amount of time the witness had to observe the perpetrator
  2. Distance between the witness and perp
  3. Visibility at the time the witness saw the perp
  4. Obstruction
  5. Known to the witness
  6. Any reason to remember
  7. Time between incident and identification
  8. Errors between first description and actual appearance
17
Q

Hearsay Evidence under Admissibility

A
  1. Under Statute
  2. Rule of Law
  3. Agreement by Parties
  4. Interest of Justice
18
Q

Confessions Admissibility

A
  1. Must be Relevant
  2. Must be consider Challenge
  3. Crown Court (Hearing in absence in jury)
  4. Magistrates (Put the confession from mind)
19
Q

7 Gateways for Bad Character Evidence under Criminal Justice Act 2003

A
  1. All parties agree
  2. Introduced by defendant
  3. Important explanatory evidence
  4. Relevant to important matter in issue
  5. Substantial probative value
  6. Correct faise impression given by defendant
  7. Defendant attacked another’s character
20
Q

Time Limits for Bad Character Evidence

A
  1. Within 28 days of NG in MC
  2. Within 14 days of NG in CC
21
Q

Stages of Criminal Trial

A
  1. Opening Speech
  2. Calls Witnesses
  3. Defence can make an application of no case to answer
  4. Defence calls witness
  5. CC - Sums up evidence and jury deliberates
  6. Bench or Jury deliver verdict
22
Q

Examination in Chief

A
  1. Own Side
  2. No leading questions
23
Q

Cross-Examination

A
  1. Other Side
  2. Leading Questions Permitted
24
Q

Defendants

A

Prosecution: Neither Competent or Compellable
Defence: Competent but not compellable

25
Q

Defendant’s Spouse or Civil Partner

A

Prosecution: Competent but not compellable
Defendant: Competent and Compellable

26
Q

Co-Defendants

A

Posecution: Neither Competent or Compellable
Defence: Competent but not compellable

27
Q

Appeals from MC

A
  1. 21 days to appeal
  2. 21 days to appeal to divisional court - legal arguments only
28
Q

Appeal to CC

A
  1. 28 days to lodge notice at CC
  2. Court of Appeal can Quash, Order Acquittal or Retrial, Find Guilty
  3. Grounds of Appeal: Wrong in Law, Wrong in Principle, Manifestly Excessive
29
Q

Youth Court

A
  1. Part of MC
  2. Serious sent to CC
  3. Youth Rehabilitation Order (3 Years)
  4. Custodial Sentence (12 and over)
    4.1 12-14 for persistent offending
    4.2 15-17 (4,6,8,10,12,18,24 months)

SQE 1 (15 decks)

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