Criminal Practice

Question 1

Custody officer must be at least a ____.

Reviews must be conducted by at least a ____.

Authorisation to delay right to legal advice granted by at least a _____.

Power to delay detention beyond 24 hours by a _____.

Power to delay right to inform friends by a ____.

Power to authorise an interview of someone ‘unfit’ for interview by a ____.

Answer 1

Sergent.

Inspector.

Superintendent. (also must be indictable)

Superintendent. (also must be indictable)

Inspector. (also must be indictable offence)

Superintendent.

Question 2

Video ID (VIPER) = Is the suspect’s solicitor present in the room”?

Answer 2

On request and with the prior agreement of the identification officer.

Question 3

A woman appears in the magistrates’ court for her first appearance charged with robbery and enters a not guilty plea. The magistrates refuse bail on the grounds that the starting point for sentencing would be a substantial custodial sentence and that the evidence against the defendant includes CCTV and is therefore very strong. The magistrates issue a full argument certificate.

How should the woman’s solicitor advise her regarding challenging the magistrates’ decision to refuse bail?

a) The solicitor should apply for review of the decision on bail to the High Court; the application will be heard by a single judge in chambers within 72 hours.

b) The solicitor should apply for bail to a Crown Court judge in writing, who should determine the application on the papers within 72 hours.

c) The solicitor should apply for review of the decision on bail to the Crown Court; the application should be heard by a single judge in chambers within 72 hours.

d) The solicitor should apply for bail to a Crown Court judge in writing. The bail application will be reheard before the judge in chambers within 48 hours.

e) The solicitor should apply for bail to a High Court judge in writing. The judge will determine the application on the papers within 48 hours.

Answer 3

d

Question 4

Custody time limits

Answer 4

MC: 56 days from when court begins hearing Prosecution evidence.
CC: 182 days from when the jury is sworn less any time in custody prior to being sent to CC.

Question 5

First and onward remand in CC and MC

Answer 5

CC: Don’t make further MC appearance. 182 days max in custody.

MC: First is 8 clear days after being remanded into custody. Then every 28 days. Can be via video link. Up to 56 days where there should be trial unless successful extension.

Question 6

Timing of first hearing (D is on bail) in MC and CC

Answer 6

MC = 14 days of being charged. (28 days if anticipated they will plea not guilty).

CC = 28 days of being charged

Question 7

when must ptph be

Answer 7

28 days from sending to cc

Question 8

sending mc to cc, when must evidence be served

Answer 8

within 50 days if d in custody and 70 days if d on bail

Question 9

draft indictment served when

Answer 9

no more than 20 bd after serving p evidence. p sends to cc officer

Question 10

Edie is charged with the murder of his wife. His defence to the charge is one of insanity. Which one of the following statements is correct regarding Edie’s insanity defence?

The prosecution bears the legal burden of disproving Edie’s insanity defence beyond reasonable doubt.

Edie bears the legal burden of proving his insanity defence on the balance of probabilities.

The prosecution bears the legal burden of disproving Edie’s insanity defence on the balance of probabilities.

Edie bears the legal burden of providing his insanity defence beyond reasonable doubt.

Answer 10

Edie bears the legal burden of proving his insanity defence on the balance of probabilities.

While it is usually the prosecution that bears the burden of proof beyond reasonable doubt, with the insanity defence, the legal burden is on the defendant on the balance of probabilities

Question 11

Youth Court Composition

Answer 11

DIstrict Judge sitting alone or no more than three magistrates.

Question 12

Does a parent/guardian need to attend with the youth at the proceedings in your court?

Answer 12

If D under 16, court must require unless unreasonable.

If 16 or 17, court may require.

Question 13

When would a youth have their first hearing before adults mag court rather than youth court?

Answer 13

Jointly charged with adult, charged with aiding and abetting an adult to commit an offence; adult charged with aiding and abetting youth to commit offence, youth charged with offence that arises out of the same circumstances as an offence that an adult is charged with.

Question 14

When must a youth be tried in the cc now a yc

Answer 14

Homicide

Certain firearm, weapons offences

Grave crime - sentence beyond powers of youth court. (14 yr more imprisonment, bad sexual offences)

Dangerous offender 0 criteria for imposing extended sentence will be necessary.

Jointly charged with an adult who has been sent to CC and it is in the INTERESTS OF JUSTICE to send youth to cc for trial

Question 15

What happens if joint adult is sent for CC trial and youth indicated not guilty plea?

Answer 15

Is it necessary in the interests of justice to send the youth to be tried with the adult?

P and D make representations. Consider - would separate trials cause injustice to witnesses, age of children, age gap between child and adult, lack of maturity, relative culpability of child.

Question 16

Persistent youth offender?

Answer 16

Three findings of guilt in past 12 months for imprisonable offences of a comparable nature or sentences in single appearance ofr series of separate comparable offences committed over shortspace of time. This could justify certain sentences.

Question 16

What if joint adult consents to summary trial and youth indicates not guilty

Answer 16

Youth could be tried in adult MC if following apply:

-Jointly charged with any offence - adult magistrates must try them both.
- Youth charged with aiding and abetting adult or vice versa- adult mag may try them together.
- Youth and adult charged with offences arising out of same circumstances - adult mag may try youth.

In 2 and 3, if they do not try youth and adult together, they will remit the youth to YC for trial.

Question 16

If adult pleas guilty at plea before venue stage, and youth indicates not guilty,

Answer 16

Adult mag will remit the youth to YC for trial.

Question 17

When is a referral order for youths mandatory?

Answer 17

Young offender has not previously been convicted of an offence and pleads guilty to an imprisonable offence and any other offence being dealt with by the court at the same time. But not if sentence is fixed by law or court proposes custodial sentence, hospital order, absolute or conditional discharge.

Question 18

When is a referral order for youths discretionary?

Answer 18

Second conviction and if offender pleads guilty to offence or a connected offence being dealt with by the court.

Question 19

Options available when a youth is in breach of a youth referral order?

Answer 19

Take no action and allow the order to continue in its original form

Impose fine up to 2.5

amend terms of order or revoke order and resentence child.

Question 20

When would a detention and training order be used for a youth?

Answer 20

Only custodial sentence available to the Youth Court. Only use if offence is so serious that neither a fine nor a community sentence can be justified.

Under 12 no
12-14 only persistent offender.

4-24 months.

Question 21

defence statement

Answer 21

mc not compulsory but within 10 days of prosecution disclosure. if don’t, can’t get specific disclosure

cc 28 days of p complying

Question 22

which special measures are not available for witnesses eligible due to fear

Answer 22

intermediary and aids to communication

Question 23

Submissions of no case to answer

Answer 23

Galbraith - Prosecution evidence taken at its highest is such that a jury properly directed could not properly convict upon it.

But if strength/weakness depends on witnesses reliability/things determined by jury, judge should allow trial by jury.

In CC will be in absence of a jury and if unsuccessful they will not be told application has been made.

Question 24

Abuse of process applications

Answer 24

Accused can no longer receive a fair hearing, or where it would be unfair to try the accused or a stay is necessary to protect the integrity of the CJ system.

In second category - consider integrity of justice system - would a trial offend the court’s sense of justice and propriety.

Question 25

s 78 exclusion of unfair evidence

Answer 25

such an adverse effect on fairness of proceedings that court ought not to admit it. Only applies to evidence on which prosecution wishes to rely. breaches of code c serious and substantial to exclude - what’s effect of breach. .