Criminal Practice Flashcards

1
Q

Right to inform someone of your arrest - restrictions

A

1) Up to 36 hours from arrival at police station

2) Rank of inspecting officer

3) Indictable offence

4) Reasonable grounds

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2
Q

Right to legal advice - restrictions

A

1) 36 hours

2) Rank of superintendent

3) Reasonable grounds

4) Indictable offence

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3
Q

Detention clock

A

24 hrs - 6,9,9 authorised by review officer

+12

36 hrs - indictable offence, superintendent, grounds (preserve or gain more evidence in questioning)

+36hrs

72hrs - warrant from magistrates, indictable

+ 24 hrs - another warrant

96hrs - charged/released unconditionally

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4
Q

Breaches of Code D PACE: Video

A

1) 8 other images

2) Steps taken to conceal distinctive features

3) Resemble suspect in age, height, position in life

4) Solicitor needs to see images and attend

5) Suspect can see images and object

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5
Q

Breaches of Code D PACE: ID Parade

A

1) 8 other comparators, similar appearance

2) Cannot speak to each other

3) Choose position in line

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6
Q

Breach of Code D PACE: Photographs

A

1) 12 photographs of similar type

2) Told a photograph of suspect may not be among them

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7
Q

Adverse Inferences - Silence - Conditions & Assessment

A

Conditions:

1) Caution (under caution)
2) Relate (failure relates to facts relied on his later defence)
3) Expected (reasonably expected to mention facts)
4) Proceedings (questions relate to the proceedings and aim to know whether or by whom)

Assessment if reasonable:

1) Disclosure - no sufficient disclosure

2) Evidence - little to no evidence at the time

3) Argent (R v Argent, relied on legal advice, did the D genuinely and reasonably rely on the advice, conduct of D what matters)

4) Disadvantage - appropriate adult or not fit, drunk etc

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8
Q

Adverse Inferences - Failing to account for objects/marks - s.36 PACE / or failing to account for presence - s.37 PACE

A

1) Suspect must be under arrest

2) Is under special caution: importantly - what offence, what fact and its relation to the offence, warning of adverse inference in court, and record being made of questioning

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9
Q

Overriding objection to adverse inferences

A

If the suspect wasn’t able to consult a solicitor

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10
Q

Statue for granting bail

A

Section 4 Bail Act

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11
Q

When can the court refuse bail?

A

Indictable or either way and reasonable grounds to believe defendant would:

1) Fail to surrender
2) Commit offence
3) Interfere with witnesses

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12
Q

Even if exceptions apply, what must there be for bail to be refused?

A

A real prospect of a custodial sentence if convicted

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13
Q

What must court consider when taking into account exceptions?

A

1) Strength of evidence
2) Nature and seriousness of offence
3) Character and criminal record
4) Previous bail record
5) Community ties
6) Other factors

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14
Q

Is absconding whilst on bail a criminal offence ?

A

Yes unless they had reasonable cause and surrendered when reasonably practicable to do so

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15
Q

Is breaching a bail condition a criminal offence?

A

No, but arrested and goes before magistrates court

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16
Q

Process for summary offences

A

Guilty plea leads to leads to summary of facts and plea in mitigation, then adjourned

Not guilty plea, trail date and case management by magistrates

17
Q

When do the exceptions to bail apply?

A

When there is a real prospect of a custodial sentence if convicted

18
Q

Arguments against exception 1) risk of absconding

A

Must be significant risk, stress personal responsibilities, weak evidence means less likely, stress good bail record or qualify bad instances, wishes to clear name

19
Q

Arguments against exception 2) interference with witnesses

A

Significant risk, police had enough time to contact witnesses

20
Q

Arguments against 3) risk of committing offences on bail

A

Significant risk, downplay previous convictions and instances of offending on bail

21
Q

What is a part 20?

A

Claim by defendant against 3rd party.

22
Q

Rules regarding part 20 claims

A

If counterclaim against D and another party, needs leave from court.

If seeking contribution or indemnity from another party, only need leave from court if claim form not served at the same time as defence

23
Q

Rule on replying to defence / counterclaim

A

No obligation to, but may seek to clarify things. Cannot raise new causes of action, must be filed at court with directions questionnaire (28 days from allocation notice)

24
Q

Rule on amending statements of case

A

Can do so with leave of court, must apply. Depends on extent of prejudice to other party, and the earlier the application the more likely to be accepted