Criminal Practice

Question 1

Rights of the Suspect

Answer 1

1. Right to have someone informed of the arrest.
2. Right to consult with a solicitor.
3. Right to consult the Code of Practice.

Question 2

Detention Time Limits

Answer 2

A person should not be kept more than 24 hours from the ‘relevant time’

For a volunteer:Time of arrest at station.
Street Bail/Arrested Away from Police Station:Time of arrival at station.

A superintendent or above, can extend this to 36 hours if there is reasonable grounds to believe that the detention is necessary to secure/preserve evidence, or to obtain further evidence, the offence is indictable and the investigation is being carried out diligently and expeditiously.

The magistrates can then grant a further extension, for up to a further 36 hours. They are very similar grounds to that which a superintendent can grant it. A second extension can be requested but this is rate and only goes to 96hrs (i.e. four days after the relevant time).

Question 3

Review Periods whilst in detention

Answer 3

Must take place no later than six hours after the first authorised detention, then nine hours thereafter.

Question 4

Identification Procedure

Answer 4

When showing pictures, at least 12 photographs must be shown at a time.
Identification procedures are the responsibility of an officer not below the rank of inspector, who is not involved with the investigation

Question 5

Video Identification

Answer 5

• Must include the suspect AND at least eight people who, resemble them in age, general appearance and position in life.
• Where two suspects of roughly similar appearance are shown, they must be shown with at least 12 other people.

If a suspect has any unusual features (such as a facial scar) which do not appear on the images of the other people, the police may take steps to conceal those features on the video/replicate on the other images.

Question 6

Identification Parade

Answer 6

• Consist of at least eight people who, so far as possible, resemble the suspect in age, height, general appearance and position in life.

Question 7

Appropriate Adult

Answer 7

This is a person who attends the police station to provide support and assistance to a juvenile (or a suspect with a mental health condition/disorder). The role of the appropriate adult is to:
a. Support, advise and assist the suspect.
b. Ensure that the suspect understands their rights whilst at the police station.
c. To observe whether the police are acting properly, fairly and with respect for the rights of the suspect.
d. To assist with communication between the suspect and the police.

Question 8

Identification Procedure (Children)

Answer 8

1. If the suspect is a juvenile aged 14 or over, consent must be obtained from them AND the juveniles parents/guardian.
2. If the suspect is under 14, consent must be obtained from the parent/guardian.
3. If suffering from a mental health condition, then must be given in the presence of the appropriate adult.

Question 9

Public Funding Criteria

Answer 9

a. Interests of Justice Test – D must show that it is in the ‘interests of justice’. Things to consider include:
b. Means Test – D must demonstrate their finances are such, they are unable to pay the cost.

Question 10

Remand/Custody Limits

Answer 10

A defendant may not be remanded in custody for more than eight days at a time. If there case is still in court, they must be brought before the court every 4th remand.

The maximum period of remand in the magistrates court is 70 days before trial for an either-way offence, or 56 days for a summary only offence. An application can be made to extend this if there is “good and sufficient cause to” extend this.

Question 11

The Right to Bail

Answer 11

There is a presumption that bail will be granted to all defendants prior to conviction, those who have been convicted if their case has been adjourned for the court to obtain reports AND those who are appearing before the court for breach of a community sentence.

The presumption to does not apply to:
a. Those who have been committed to the Crown Court for sentence.
b. Who are appealing against conviction/sentence.
c. If committed of a serious crime such as murder, manslaughter, rape etc.

Question 12

Challenging Ebidence

Answer 12

Evidence can be excluded if ‘the admission of such evidence would have such an adverse effect on the fairness of proceedings that the court ought not to admit it”

Question 13

Hearsay Evidence

Answer 13

Definition: A statement, not made in oral evidence, that is relied on as evidence of a matter in it.

Therefore, hearsay is when someone tells the court what they heard another person say, rather than giving information that they know firsthand. For example, a witness repeating what they had been told by a friend, or a police officer repeating a confession made by the defendant.

Question 14

When is hearsay evidence admissable?

Answer 14

Hearsay admissible under a statutory provision (Section 114(1)(a))
* Cases where a witness is unavailable.
* Business and other documents.
* Previous inconsistent statements of a witness.
* Previous consistent statements by a witness.
* Statements from a witness which are not in dispute.
* Formal Admissions.
Hearsay Admissible in the Interests of Justice (Section 114(1)(d)) – The court will consider multiple factors before doing so but this allows for a ‘catch all provision’.

Question 15

Defendants Bad Character (Admissible if:)

Answer 15

• All parties agree to the evidence being admissible,
• The evidence is adduced by the D himself, or is given in answer to a question asked in cross-examination.
• Important explanatory evidence.
• Relevant to an important matter in issue between the D and P – MOST IMPORTANT GATEWAY – This includes whether the D has a propensity to commit offences of the kind, or to be untruthful.
• Substantial probative value in relation to an important matter.
• Evidence to correct a false impression given by the D.
• The D has made an attack on another person’s character.

Question 16

Newton Hearing

Answer 16

If D admits guilt but disputes the prosecution version of events, the D may draft a basis of plea and invite the prosecution to agree to this as being the factual basis upon which the D will be sentenced. If everyone can’t agree, then the sentencing court will usually conduct a ‘trial on the facts’ (also known as a Newton Hearing).

Question 17

Appeal - Magistrates to Crown Court

Answer 17

A defendant convicted in the magistrate’s court may appeal to the Crown Court if:
a. They pleaded guilty – May appeal against the sentence they received.
b. They pleaded not guilty – Against any conviction (on the basis that there was an error of face and/or law) and/or sentence they received (as it is excessive).
This will be done by filing a notice of appeal no more than 15 business days from the magistrates passing sentence.

Question 18

Appeal - Magistrates to Crown Court

Answer 18

Either the CPS or Defendant can appeal to QBD of the High Court if:
a. The decision made is wrong in law.
b. The magistrates acted outside their jurisdiction.
c. The magistrates misread, misunderstood or misapplied the law.
d. The magistrates decided to hear a case when they didn’t have jurisdiction.
e. They made errors in deciding the admissibility of evidence.
f. The magistrates erred in their decision following a submission of a no case to answer.
This must be done within 21 days of the relevant decision being made by the magistrates court.

Question 19

Appeal - Crown Court to CofA

Answer 19

• Appeal against conviction – D may appeal against conviction if either the CofA grants such, or the trial judge grants a certificate that the case is fit for appeal. This would be if the conviction is unsafe (for example, a failure by the judge to direct the jury as to the correct burden of proof, substantive law etc).
• Against Sentence – If CofA grants appeal, or the judge who passes sentence has granted a certificate that the case is fit for appeal against sentence.

Question 20

Powers of the Youth Court

Answer 20

Detention and Training Order: Only type of custodial sentence the youth court has the power to impose. This must not be longer than two years.
* Aged 10-11 – Can not impose.
* Aged 12-14 – Can impose for ‘persistent young offender’
* 15+ - There is no restriction.

Question 21

Whether there is 2+ defendants (on an either way offence)

Answer 21

CrimPR, r 9.2(6)(a) provides that where the court is dealing
with two or more defendants charged with the same offence, if one of the defendants
elects trial in the Crown Court, all of the defendants will be sent to the Crown Court for their
joint trial regardless of the other defendant(s)’s decision on venue.