Criminal Practice

Question 1

What must a court be satisfied of before imposing a community order?

Answer 1

That is is the most suitable sentence.

D can receive more than 1. Probation may be asked to produce a report but not requirement.

Question 2

Is everyone entitled to free legal advice at the police station?

Answer 2

Yes, all entitled to free telephone advice, defence solicitors call centre will determine whether in person advice necessary.

If offence is imprisonable, DSCC will offer in person but not available to all suspects.

Legal aid test doesn’t apply at police station, only court.

Question 3

When might the court exclude improperly conducted ID procedure or breaches of PACE?

Answer 3

Court may exclude evidence if, considering all of the circumstances, the evidence would have an adverse effect on the fairness of the proceedings.

Discretionary.

May arise:
- improperly completed ID procedure
- illegal searches
- improperly conducted covert surveillance.

Question 4

What must a caution set out?

Answer 4

• right to silence
• exercising right may result in adverse inference being drawn at trial
• interview recorded to be used as evidence

Question 5

When might a confession in interview be excluded?

Answer 5

If contained by inducement or oppression and if causal link between that and confession

Question 6

If a D elects crown court trial at plea before venue, when would he expect his first hearing in Crown Court?

Answer 6

• plea and preparation hearing 28 days after dent from magistrates

Question 7

What should a judge do when they consider the identification evidence is weak and there is no supporting evidence?

Answer 7

Withdraw the matter from the jury, direct acquittal and dismiss the case

Question 8

What must the court find to impose a custodial sentence?

Answer 8

That the offence is so serious that neither a community order nor fine can be justified

Question 9

What are the requirements for a representation order?

Answer 9

1) interests of justice
- consider whether likely to lose livelihood or liberty. Seriousness & nature. Good character & standing. Whether complex proceedings eg witnesses and XX

2) means test
- annual disposable income must be below threshold

Question 10

When are referral orders not available?

Answer 10

Where D has pleaded not guilty to all charges and then convicted after trial.

Question 11

When are detention and training orders available to youths?

Answer 11

Not available between 10-11
12-14 only persistent young offenders (sentenced on 3 or more occasions for imprisonable offence)
15-17 can only be imposed if court thinks case is so serious that only custodial sentence is justified