Criminal Practice Flashcards
When will a preliminary hearing occur for an indictable-only matter sent to the Crown Court?
Within 14 days if:
- The trial is likely to last more than four weeks.
- There are case management problems.
- An early trial date is needed.
- One defendant is under 18.
- An early guilty plea is likely.
What is the duty to disclose material?
Duty extends only to material that potentially undermines the prosecution or assists the defence.
What is a Newton hearing?
A trial where witnesses give evidence to resolve factual disputes:
- If settled in the prosecution’s favour, the defendant loses credit for the guilty plea.
- If settled in the defendant’s favour, credit is retained.
What are the Crown Court’s powers in appeals against sentence?
Restricted to Magistrates’ Court sentencing powers for all offences.
What legal advice is available to suspects?
Free telephone advice is available; DSCC determines if in-person advice is necessary.
When is it permissible to ask leading questions?
On background matters (e.g., address) and agreed issues.
When can a solicitor be excluded from an interview?
Only if they are obstructing the interview, with removal authorised by a superintendent.
What is a referral order, and when is it unavailable?
Unavailable if the defendant pleads not guilty to all charges and is convicted after trial.
What is a detention and training order?
Custodial sentence for Youth Court defendants:
- 12–14 years old: Only for persistent young offenders.
- 15–17 years old: If the case is serious enough for a custodial sentence.
What are grave crimes?
Offences punishable by 14+ years in adult court (e.g., robbery, rape, firearms, or sexual offences).
What are the grounds for adducing non-defendant bad character evidence?
Admissible if:
- All parties agree.
- It is important explanatory evidence.
- It has substantial probative value on a key issue.
What are the restrictions on the defence of duress?
Duress is not available for murder or attempted murder.
Other restrictions include:
- Threat of death or serious injury.
- Threat must be immediate, with no evasive action possible.
- Defendant cannot have voluntarily associated with the threat-maker, knowing their criminal tendencies.
What is the burden of proof for diminished responsibility?
On the defence, to prove on the balance of probabilities.
What is a basic intent crime?
Can be committed intentionally or recklessly.
What are the requirements for unlawful act manslaughter?
Act must be:
- Unlawful.
- Deliberate.
- Carry risk of some harm.
- Cause the victim’s death.
