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SQE FLK2 > Criminal Practice > Flashcards

Criminal Practice Flashcards

1
Q

What rights to legal advice does a suspect under PACE 1984 Code C?

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2
Q

What rights does a suspect have to have someone informed of their arrest under PACE 1984 Code C?

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3
Q

What are a suspects rights in terms of detention time limits under PACE 1984 Code C?

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4
Q

When must an identification procedure be held under PACE 1984, Code D?

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5
Q

What are the different types of identification procedure under PACE 1984, Code D?

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6
Q

What is the procedure for carrying out an identification procedure under PACE 1984, Code D?

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7
Q

What is a suspects right to silence?

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8
Q

When can adverse inferences be drawn following the right to silence?

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9
Q

What is the procedure for interviewing a suspect under PACE 1984?

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10
Q

What is the role and appropriate conduct by defence legal representative?

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11
Q

What is the role and appropriate conduct by defence legal representative with a vulnerable client?

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12
Q

Who can be an appropriate adult and what is their role?

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13
Q

What are the types of bail?

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14
Q

When is there a right to bail?

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15
Q

What are the exceptions to the general presumption of the right to bail?

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16
Q

What is conditional bail?

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17
Q

What is the procedure for applying for bail?

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18
Q

What changes are there when there is a further application for bail?

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19
Q

When may an appeal be made against decisions on bail?

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20
Q

What are the penalities for absconding whilst on bail?

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21
Q

What are the consequences for breaching the conditions of bail?

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22
Q

What are the classifications of offences?

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23
Q

What is the two stage test for legal aid applications for representation?

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24
Q

What will happen at a hearing for an application for representation?

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25
Q

What is the role of a defendant solicitor at the hearing?

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26
Q

What is a plea?

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27
Q

Where are summary only offences dealt with at plea before venue?

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28
Q

Where are indictable only offences dealt with at plea before venue?

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29
Q

Where are either way offences dealt with at a plea before venue? and how does this differ if the plea is guilty or not guilty?

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30
Q

How should a legal representative advise their client on trial venue?

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31
Q

What are the advantages of the Crown Court?

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32
Q

What are the advantages of Magistrates’ Court?

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33
Q

What is an allocation hearing?

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34
Q

What is the allocation hearing procedure?

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35
Q

What is the procedure for sending without allocation?

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36
Q

What are the magistrates court case management directions?

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37
Q

What are the timescales for a plea and trial preparation hearing?

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38
Q

What are the three key stages of disclosure?

A

Prosectution, Defence, and Unused material

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39
Q

What are the key elements of prosecution disclosure?

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40
Q

What are the key elements of defence disclosure?

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41
Q

What are the key elements of unused material disclosure?

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42
Q

What is the legal burden of proof?

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43
Q

What is the evidential burden of proof?

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44
Q

What are the two options for the standard of proof?

A

Criminal standard
Civil Standard

45
Q

What are the rules for visual identification evidence?

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46
Q

What are the Turnbull guidelines?

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47
Q

What are the inferences from silence that can be made?

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48
Q

What is the definition of hearsay evidence?

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49
Q

What are the grounds for admitting evidence?

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50
Q

What is the definition of confession evidence?

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51
Q

What are examples of a confession?

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52
Q

What are the rules around admissibility of a confession?

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53
Q

How can the admissability of a confession be challenged?

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54
Q

What would be considered an unreliable confession?

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55
Q

Where might s.78 PACE 1984 be used?

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56
Q

What is the definition of bad character evidence?

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57
Q

What are the 7 gateways for bad character?

A
58
Q

What is the procedure for admitting bad character evidence?

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59
Q

What is the courts power to exclude bad character evidence?

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60
Q

What is the scope and application of s.78 PACE 1984 and the right to a fair trial?

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61
Q

What are the three gateways for evidence of bad character of a person other than the defendant?

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62
Q

What is the trial procedure in the Crown Court?

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63
Q

What are the rules around retirement of the jury and the verdict?

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64
Q

What is the trial procedure in the Magistrates’ Court?

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65
Q

How to address a judge in the Magisatrates Court?

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66
Q

How to address a judge in the Crown Court?

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67
Q

What is the difference between leading and non-leading questions?

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68
Q

When may someone not be competent to be a witness?

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69
Q

Who may be entitled to apply to the court for special measures?

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70
Q

What are special measures that can be put in place for vulnerable or intimidated witnesses?

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71
Q

What are the Solicitor’s duties to the court?

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72
Q

What are the roles of the sentencing guidelines?

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73
Q

How do the courts determine seriousness of the offence?

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74
Q

What is meant by culpability and what are the four levels in the setencing guidelines?

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75
Q

What are the statutory aggravating factors which may increase the seriousness of an offence?

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76
Q

What are other aggravating factors which may increase the seriousness of an offence?

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77
Q

What are factors which may reduce the seriousness of the offence or reflect personal mitigation?

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78
Q

What is meant by concurrent and consecutive sentences?

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79
Q

What are the rules surrounding a plea in mitigation?

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80
Q

What is a custodial sentence?

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81
Q

What is a suspended sentence?

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82
Q

What is a community order?

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83
Q

What are Newton Hearings?

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84
Q

What are the two routes avaliable to a defendant who wishes to appeal against a decision made by a magistrate?

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85
Q

What are the two routes to bring an appeal before the Court of Appeal if a defendant wants to appeal a decision made in the Crown Court?

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86
Q

What are possible outcomes following an appeal in the Court of Appeal?

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87
Q

Who does the Youth Court deal with?

A
88
Q

How are cases allocated in the Youth Court?

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89
Q

What happens when a youth is jointly charged with an adult?

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90
Q

What factors are taken into account when deciding if a youth should be sent to the crown court rather than have a trial in the youth court?

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91
Q

What are the definitive guidelines when sentencing children and young people?

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92
Q

What are referral orders?

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93
Q

What are the rules surrounding detention and training orders?

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94
Q

What are the exceptions to the general presumption that children between 12-17 will be remanded in local authority accomodation rather than youth detention accomodation?

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95
Q

What are youth rehabilitation orders?

A
96
Q

What are the 15 different Youth Rehabilitation Order requirements?

A

SQE FLK2 (7 decks)

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