Criminal Practice Flashcards
Classification Offences (3)
- Summary Only
- Either Way
- Indictable Only
Summary Only (3)
- Magistrates
- 6 Months (Single Either Way or Multiple Summary Only)
- 12 Months (More than 1 Either Way)
Either Way (3)
- Magistrates or Crown Court
- Consider whether magistrate powers adequate
- Consider what the defendant wants
Indictable Only (2)
- Crown Court
- First appearance at Magistrates, then directly to Crown
Rights under PACE (7)
- Free Legal Advice
- Notify Someone of Arrest
- Inspect Police Code of Practice
- Silence
- Informed of Reasons for Arrest
- Inspect Documents
- Information on Time Limits
Time in Custody Without Charge (4)
- 24 Hours
- Extend by 12 Hours (Super-Intendant)
- 36 Hours for 1st Application (Magistrates)
- 24 Hours on 2nd Application (Magistrates)
Identified Procedures must be held (3)
- Witness Identified Suspect
- Witness says they can identify suspect
- Reasonable chance witness can identify suspect
Identification Procedure (4)
- Video Identification
- Identification Parade
- Group Identification
- Confrontation
Objections that could lead to the exclusion of video identification procedure (5)
- Objections to the appearance of others
- Not keeping witnesses away from the suspect, before or during
- Not keeping different witnesses apart during or before the procedure
- Not warning witnesses that the suspect might not be shown at all 5. Admission would have such an adverse effect it ought to be excluded
Defence representative role during interview (4)
- Advance legal rights of client
- Compliance with PACE
- Disclosure from Police
- Interview Interventions
Substantial Grounds for Bail Applications (6)
- Nature and Seriousness of Offence
- Probable Method of Dealing with Offence
- Previous Convictions
- Association and Community Ties
- Record on Complying with Bail Obligations
- Strength of Evidence
Conditions for Bail must be
- Relevant
- Proportionate
- Enforceable
Means Test for Legal Representation
- If below 3,398 per annum (satisfied)
- If above 3,398 but below 37,500 (limited legal aid)
- Over 37,500, not entitled to legal aid
Theft under 200 quid
Magistrates Court cannot decline jurisdiction
Case Management for Magistrate Court
- Prosecution to give evidence served within 28 days
- Defence Case Statement (14 days) and notfiy which witnesses are required to attend within 7 days
- Witness Requirements and Objections to bad character (7 days)
- Defence’s notice of intention to adduce hearsay evidence or bad character evidence served within 14 days
- Points of law raised at least 21 days before trial
- Certificates of readiness serviced atleast 7 days before trial
Crown Court Indictable Matter Case Management
- Preliminary Hearing (14 days)
- Plea and Trial Prep Hearing (28 days after case sent)
- If trial, 50 days (or 70 days if defendant on bail) prosecution to provide disclosure
- Defence case statement must serve within 28 days of prosecution disclosure
Turnbull Guidelines for Identification Evidence
- Amount of time the witness had to observe the perpetrator
- Distance between the witness and perp
- Visibility at the time the witness saw the perp
- Obstruction
- Known to the witness
- Any reason to remember
- Time between incident and identification
- Errors between first description and actual appearance
Hearsay Evidence under Admissibility
- Under Statute
- Rule of Law
- Agreement by Parties
- Interest of Justice
Confessions Admissibility
- Must be Relevant
- Must consider Challenge
- Crown Court (Hearing in absence in jury)
- Magistrates (Put the confession from mind)
7 Gateways for Bad Character Evidence under Criminal Justice Act 2003
- All parties agree
- Introduced by defendant
- Important explanatory evidence
- Relevant to important matter in issue
- Substantial probative value
- Correct faise impression given by defendant
- Defendant attacked another’s character
Time Limits for Bad Character Evidence
- Within 20 days of Not Guilty in MC
- Within 10 days of Not Guilty in CC
- Defendant opposes by serving form within 10 days
Stages of Criminal Trial
- Opening Speech
- Calls Witnesses
- Defence can make an application of no case to answer
- Defence calls witness
- CC - Sums up evidence and jury deliberates
- Bench or Jury deliver verdict
Examination in Chief
- Witness questioned first by the side that calls them
- No leading questions
- Leading questions on piggybacking answers
Cross-Examination
- Other Side
- Leading Questions Permitted
Defendants
Prosecution: Neither Competent or Compellable
Defence: Competent but not compellable
Defendant’s Spouse or Civil Partner
Prosecution: Competent but not compellable unless serious offence
Defendant: Competent and Compellable unless jointly charges
Co-Defendants
Posecution: Neither Competent or Compellable
Defence: Competent but not compellable 3. If pleads guilty or case dropped, becomes competent and compellable
Newton Hearing
- Procedure to settle disputed facts before sentencing defendant who pleaded guilty
- Prosecution favour - defendant loses credit for guilty plea
- Defendant’s favour - defendant retains credit for plea
Appeals from MC
- 15 days to appeal
- 21 days to appeal to divisional court - legal arguments only
Appeal to CC
- 28 days to lodge notice at CC
- Court of Appeal can Quash, Order Acquittal or Retrial, Find Guilty
- Grounds of Appeal: Wrong in Law, Wrong in Principle, Manifestly Excessive
Youth Court
- Part of MC
- Serious sent to CC
- Youth Rehabilitation Order (3 Years)
- Custodial Sentence (12 and over)
4.1 12-14 for persistent offending
4.2 15-17 (4,6,8,10,12,18,24 months)
