Criminal Practice Flashcards
When can access to legal advice can be delayed?
Access to legal advice can be delayed if:
(1) Suspect is arrested on an indictable only or either way offence
(2) A police officer of the rank of superintendent or above has authorised the delay in writing; and
(3) the officer has reasonable grounds to believe that exercise of the right to legal advice will lead to interference with evidence/other suspects/hinders the recovery of property related to the offence.
Cannot be for longer than 36 hours.
How long can legal advice be delayed for?
36 hours (if the criteria for delaying the advice is met)
D is charged with Robbery. In what court can they be tried?
Robbery is an indictable only offence, can ONLY be tried in the Crown Court.
Which offences are Summary Only offences?
- Assault
- Battery
- Shoplifting (theft) of under £200, but D can choose CC
- Criminal Damage under £5,000
Which offences are Either Way offences?
- ABH
- S20 GBH
- Theft (unless shoplifting under £200)
- Fraud
- Criminal Damage over £5,000
- Arson
- Domestic Burglary, unless (1) it includes the commission of an indictable only offence, (2) victim subject to violence, (3) third charge of DB.
- Non-domestic Burglary
What offences are Indictable Only?
- S18 GBH
- Murder
- Manslaughter (diminished responsibility, gross negligence etc.)
- Robbery
- Domestic Burglary if (1) it includes the commission of an indictable only offence, (2) victim subject to violence, (3) third charge of DB.
- Aggravated Criminal Damage
The grounds for adducing a non-defendant’s bad character evidence?
(1) all parties to the proceedings agree to the evidence being admissible
(2) it is important explanatory evidence, or
(3) it has substantial, probative value in relation to a matter which is a matter in issue in the proceedings AND is of substantial importance in the context of the case as a whole.
