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SQE2.02 > Criminal Practice > Flashcards

Criminal Practice Flashcards

1
Q

What are the steps in the criminal justice process for a guilty plea?

A
  1. Arrest and/or written charge and requisition
  2. Plea guilty
  3. Sentence
  4. Appeal
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2
Q

What are the steps in the criminal justice process for a not-guilty plea?

A
  1. Arrest and/or written charge and requisition
  2. Plea not guilty
  3. Trial
  4. Sentence or acquittal
  5. Appeal
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3
Q

What is a written charge and requisition?

Criminal Justice Process

A
  • an arrest alternative
  • mags compels attendance to court
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4
Q

What court is a person brought before after arrest?

A

MAGS

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5
Q

What governs police during an investigation?

A

PACE

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6
Q

What can a defendant who plead guilty appeal against?

A

Sentence

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7
Q

What can a defendant who plead not guilty appeal against?

A

Conviction and/or sentence

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8
Q

What is required before you can start an appeal?

E.G., permission

A

Leave

Grounds of appeal

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9
Q

When do you need leave and grounds of appeal?

A

To go from:
crown - court of appeal
Court of appeal to supreme court

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10
Q

The Supreme Court may only hear a case when…

A

it raises a point of general public importance

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11
Q

What is a litigant in person?

A

Somebody without legal representation

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12
Q

What is the hierarchy of courts in the criminal system?

A

Supreme
Appeal
High
Crown
Mags
Youth

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13
Q

Do sentence classifications apply to youths?

e.g., indictable

A
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14
Q

What category of offence are the common-law offences?

e.g., either-way, indictable

A

They are always indictable

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15
Q

What category of offences are statutory offences?

e.g., either-way, indictable

A

Can be any

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16
Q

Where can you find the category of offence for statutory offences?

e.g., either-way, indictable

A
  1. practitioner text
  2. listed in statute
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17
Q

Can summary only offences be tried in crown court?

A

No

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18
Q

Can summary only offences be sentenced in crown court?

A

no

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19
Q

Where will the first hearing for an indictable offence be?

A

Mags

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20
Q

Where will a plea be entered for an indictable offence?

A

Crown court

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21
Q

Can mags hear a plea for an indictable offence?

A

No

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22
Q

Where is the first hearing for an either-way offence?

A

Mags

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23
Q

Is the first hearing for a criminal trial always in mags?

A

Ya

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24
Q

What is the purpose of the first hearing in mags for an either-way offence?

A

To determine the venue

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25
What does a trial on indictment mean?
Trial by jury in crown court
26
If the statute provides only for a penalty on conviction on indictment or is a common-law offence what type of offence is it?
Indictable
27
If the statute provides a maximum penalty on summary conviction but does not provide for a penalty on conviction on indictment, what type of offence is it?
Summary
28
If the statute provides one penalty for summary conviction and a different one for conviction on indictment, what type of offence is it?
Either way
29
Where can mags send cases for trial?
Crown
30
Where can mags send cases for appeal?
Crown High court kings bench
31
Where can youth court appeals go?
Crown High court kings bench
32
When can a youth court appeal go to high court queens bench?
Appeals by way of case state and judicial review
33
Where can Crown court cases go for appeal?
Court of Appeal High Court Kings Bench
34
Where do court of appeal cases appeal to?
Supreme court
35
What is tribunal of fact?
The person or persons who make a decision as to disputed facts
36
What is tribunal of law?
The person or persons who make a decision as to disputed points of law
37
What 3 types of 'judge' can you have in mags?
1. District judge 2. Deputy district judge 3. Two or three lay magistrates and a legal advisor
38
Where does a district judge sit?
Mags
39
In what other capacities do deputy district judges work?
They are usually barristers and solicitors sitting part-time as a district judge
40
Does a legal advisor supporting lay magistrates have to be legally qualified?
Yes
41
How do you address a district judge?
Judge
42
How do you address a deputy district judge?
Judge
43
How do you address a lay magistrate?
Sir/madam
44
What is the max sentence mags can give for summary offences?
6mo
45
What is the max sentence mags can give for either-way offences?
12 mo
46
What is the max fine mags can give?
Unlimited
47
What are the 3 types of judges in the Crown court?
Circuit judge High court judge Recorder
48
What is a recorder?
A barrister, solicitor, or judge from a lower or equal court authorised to sit part-time in the Crown Court
49
How do you address a recorder?
Your Honour
50
How do you address the vast majority of circuit judges?
Your honour
51
How do you address a high court judge?
My lord/my lady
52
How do you address a judge sitting in the Central Criminal Court
My lord/my lady
53
How do you address a circuit judge who has been designated as a senior circuit judge and honorary recorder of a place?
My lord/my lady
54
Do jurys play a roll at sentence?
No
55
Who is the tribunal of fact in Crown?
The Jury
56
Who is the tribunal of law in Crown?
Judge
57
When can the Crown court take a plea/sentence of a summary only offence?
When it is joined to an indictable or either-way offence
58
What 'judges' are present for an appeal within the Crown court?
Crown court judge Two lay magistrates
59
In a Crown Court appeal, is the case reheard?
Yes
60
What powers does a Crown Court have when doing an appeal?
The powers the lower court would have had
61
Can a defendant get a more severe sentence on appeal to Crown Court?
Yes
62
Is leave required to appeal to Court of Appeal?
Yes
63
When is leave not required to appeal to the Court of Appeal?
In cases of contempt, where appeal lies as of right
64
What types of judges sit in the Court of Appeal?
Appeal Court Judges High Court Judges Crown Court Judges authorised to sit on the Court of Appeal
65
When can an authorised Crown Court judge not sit on the Court of Appeal for a particular case?
Where the trial was conducted in Crown Court by a High Court Judge
66
How do you address judges in the Court of Appeal?
My lord/lady
67
Is there a jury in the Court of Appeal
No
68
Does the Court of Appeal hear trials?
No
69
Does the Court of Appeal hear new evidence?
Yes
70
What sentencing powers does the Court of Appeal have?
Cannot pass sentence, can alter sentence
71
Can the Court of Appeal give a more severe sentence than the one being appealed against from Crown?
No
72
What does it mean to appeal a terminatory ruling?
Where there was a ruling to bring proceedings to an end... the matter is now no longer at an end
73
What is the one circumstance where the court of appeal can increase sentence?
By application from the Attorney General
74
Is leave required to appeal to the supreme court?
Yes
75
When will leave to the Supreme Court be granted?
For a point of law of general public importance
76
How do you address supreme court justices?
My lord/lady
77
What kinds of judges sit on the supreme court?
Supreme court justices
78
Which judges can sit in a summary trial?
Lay justices, District Judges or Deputy District Judges
79
How many Crown courts are there?
Technically only "1"
80
What is rule 1 in CrimPR?
The overriding objective
81
What is the overriding objective in criminal law?
That criminal cases be dealt with justly
82
What types of things go into dealing with a criminal case justly?
- Accurate convictions - Being fair to both prosecution and defence - Human rights, rights of the defendant -Respecting the interests of all parties - Being fast - Ensuring good information is available - Dealing with the case in ways that take into account --gravity --complexity --severity --needs of other cases
83
What are the 3 duties of participants of the case?
1. Prepare and conduct case alongside the overriding objective 2. Comply with rules, practice directions and court directions 3. Inform court and all parties of any significant failure to obey
84
What are examples of directions?
Timescales, disclosure orders, expert evidence, reporting restrictions
85
What is the standard direction regarding bad character and introducing hearsay?
Must serve notice not more than 20 days after not-guilty plea was entered As soon as is reasonably practicable
86
When must the defence serve a defence statement?
Within 10 days of the prosecution complying with initial disclosure
87
When must objection to a witness statement being made at trial be made?
Within 5 business days of service of the statement
88
When must the defendant indicate if the oppose the introduction of bad character/hearsay evidence?
Not more than 10 business days after the service of notice to introduce it
89
When must the defence make an application to introduce bad character of a prosecution witness?
Not more than 10 business days after prosecution disclosure
90
When must points of law be identified in skeleton arguments?
At least 10 business days before trial
91
What must both parties do 10 days before trial?
Serve a certificate of readiness
92
Can a case progress in the defendants absence?
Yes
93
What should you do, if a third party calls you in relation to getting you to represent their friend or family member who is at the police station?
Call the police station to tell you have been contacted They will ask the suspect to confirm they want you The Defence Solicitor Call Centre will be notified, and if your firm is contracted for publicly funded work they will instruct you
94
What should you do in criminal law if there is a conflict or significant risk of conflict?
Not act for any of them
95
Are the conflict of interest exceptions available in criminal law?
No
96
What should you do when appointed as sole litigator for all co-defendants in a legal aid case to avoid a conflict of interest?
Don't interview the clients together Interview only the first client before you have any substantive contact with the second
97
Is there likely to be a conflict of interest where one client blames the other?
Yes
98
What are some common future risks conflicts
- Will you be able to fully mitigate for each one if they are guilty - Is there a big age difference - Was one client pressured by another client
99
When acting for 2 clients, if you come into contact with confidential info about client 1 that is relevant to c2 will you have to disclose it to c2?
No, you have to ask client 1 for consent and if they don't give it you have to cease acting for client 2
100
Do the professional conduct rules around barriers to information apply in criminal cases?
No
101
Can your criminal firm act for clients whose interests conflict (because information barriers won't apply)
No
102
Who does a criminal solicitor owe its main duty to?
The court
103
What is the offence of perverting the course of justice?
e.g., manufactering false evidence, witness interference
104
Where there is a conflict between a duty and a principle, what will take precendence?
The public interest and administration of justice but you can never breach confidentiality
105
What category of offence is assault?
Summary
106
What category of offence is battery?
Summary
107
What category of offence is simple criminal damage under 5k?
Summary
108
Is attempted assault an offence?
No
109
Is attempted battery an offence?
No
110
Is attempted simple criminal damage under 5k an offence?
Yes
111
What category is attempted simple criminal damage under 5k?
Summary
112
What category of offence is theft?
Either way
113
What category of offence is burglary?
Either way
114
What category of offence is fraud?
Either way
115
What category of offence is assault occasioning actual bodily harm?
Either way
116
What category of offence is wounding or inflicting grievous bodily harm?
Either way
117
What category of offence is simple criminal damage over 5k?
Either way
118
What category of offence is simple arson?
Either way
119
What category of offence is robbery?
Indictable
120
What category of offence is wounding or causing grievous bodily harm with intent?
Indictable
121
What category of offence is aggravated burglary?
Indictable
122
What category of offence is aggravated arson?
Indictable
123
What category of offence is aggravated criminal damage?
Indictable
124
What category of offence is murder where voluntary manslaughter is a possible outcome?
Indictable
125
What category of offence is involuntary manslaughter?
Indictable
126
What approach will the courts take when trying to calculate value of multiple simple criminal damage offences to determine if it is summary or either way?
Aggregate the value of multiple offences
127
Where is the value derived from in simple criminal damage?
Cost of replacement if destroyed Cost of repair Whichever is less
128
What is the max sentence for criminal damage below 5k?
3mo prison Level 4 fine Can't be committed to Crown court
129
What is the max sentence for criminal damage above 5k in mags?
12mo Level 5 fine Can be committed to Crown for sentence
130
What is the max sentence for criminal damage above 5k in Crown?
10 years prison
131
What happens in a criminal damage case where the amount of money is uncertain?
Defendant asks if they consent to summary trial if they don't, it will be treated as either way and higher sentencing powers will apply
132
What category of offence is rape?
Indictable
133
What category of offence is sexual assault?
Either way
134
What category of offence is possession of Class A or B drugs?
Either way
135
What category of offence is possession with intent to supply Class A or B drugs?
Either way
136
Why is criminal damage an 'important exception'
Because its the only offence that falls into multiple offence categories
137
Does the court have to hear representations on the value of criminal damage?
No, it may
138
What must a police officer have to make an arrest?
Reasonable grounds to suspect an offence was committed and D committed it
139
What must the CPS and custody officer consider before making a charge?
Whether there is sufficient evidence to charge (e.g., to provide a realistic prospect of Billys conviction)
140
At what point in the criminal justice process, does the accused start being referred to as the defendant?
On the charge
141
What is the divisional court also known as?
High court kings bench division/
142
Is the court obliged to provide an indication of sentence?
No
143
When is an indication of sentence usually asked for?
When deciding whether to try the case summarily
144
What information can the court give when giving an indication of sentence?
Whether there would be a custodial or non-custodial sentence if the defendant were to consent to be tried summarily and pleaded guilty
145
After the court gives an indication of sentence, what question will they then ask the defendant?
If they would like to change their earlier not guilty plea
146
If the court gives an indication of sentence, and then the defendant pleads guilty, does the court then give sentence in line with the indication they gave?
Yes
147
Is indication of sentence binding on later courts?
No
148
Does the defendant have a choice of court if MAGS considers it unsuitable to be tried summarily?
No
149
What is the case progression for a not guilty summary only offence?
Proceedings commence Mags hearing, consider bail issues and funding Plea Trial Convict/acquit Sentence
150
What is the case progression for a guilty summary only offence?
Proceedings commence Mags hearing, consider bail issues and funding Plea Sentence
151
What is the case progression for a guilty either-way offence?
Proceedings commence Mags hearing, consider bail issues and funding Plea before venue Plea Sentence by MAGS or commit to Crown
152
What is the case progression for a not-guilty either-way offence allocated as summary?
Proceedings commence Mags hearing, consider bail issues and funding Plea before venue Plea Allocation (summary or Crown) Request sentence indication (option to change plea) Trial Conviction/acquit Sentence
153
What is the case progression for a not-guilty either-way offence allocated as Crown?
Proceedings commence Mags hearing, consider bail issues and funding Plea before venue Plea Allocation (summary or Crown) Follows progression of indictable only offences
154
What is the case progression for a not-guilty indictable only offence?
Proceedings commence Mags hearing, consider bail issues and funding Sent to Crown PTPH Plea Trial by jury Acquit/Convict Sentence
155
What is the case progression for a guilty indictable only offence?
Proceedings commence Mags hearing, consider bail issues and funding Sent to Crown PTPH Plea Sentence by judge
156
What is the hierarchy of police ranks
Chief superintendent Superintendent Chief inspector Inspector Sergeant Constable
157
What is a PC?
Police constable
158
What is a DC?
Detective constable
159
What is a PS?
Police sergeant
160
What is a DS?
Detective sergeant
161
What is the police codes of practice attached to?
PACE
162
What do police codes do?
A guide to best practice
163
Do breaches of police codes render evidence inadmissible?
No, but they can be the basis for an application to exclude evidence
164
Do breaches of police code make officers liable to criminal or civil proceedings?
No
165
Is reasonable grounds in PACE determined objectively or subjectively?
Nearly always both
166
To make an arrest, what 2 things dos the officer have to demonstrate?
Legal authority to exercise the power That they exercised the power lawfully
167
What is the definition of an arrest?
There isn't really an official one
168
What are the characteristics of arrest, since there is no official definition?
Restriction of liberty Facilitate investigation of the offence
169
When is an arrest definitely unlawful?
When there is no possibility of the arrested person being charged with an offence
170
Will restriction of movement constitute an arrest?
No
171
Is a warrant for arrest required?
No
172
What 2 things should you consider when looking at the lawfulness of an arrest without a warrant?
Ground for arrest Reason for arrest
173
Can an officer arrest somebody who is about to commit an offence?
Yes
174
Can an officer arrest somebody who has reasonable grounds to believe somebody is about to commit an offence?
Yes
175
What are examples of suitable reasons for arrest?
To get identifying information To prevent harm To prevent unlawful obstruction of a highway To protect the vulnerable To allow prompt and effective investigation To prevent disappearance of the person
176
Can a civilian make an arrest to prevent breach of the peace?
Yes, only for an indictable offence and they still need to show reasonable grounds
177
What is the two part test for reasonable suspicion for an arrest?
1. officer carrying out the offence must actually suspect 2. a reasonable person in possession of the same facts would also suspect it
178
What degree of reasonableness must an arrest be in terms of judicial review etc?
Wednesbury
179
Would an officer who arrests on the basis of a mistaken understanding of the law have reasonable suspicion still?
No, reasonable suspicion relates to facts
180
On what basis can MAGS issue an arrest warrant?
A substantiated oath
181
What characteristics must the offence possess in order for MAGS to issue an arrest warrant?
1. Be indictable or imprisonable 2. Persons address must be insufficiently established
182
Can MAGS issue a warrant to arrest someone who failed to appear to answer a summons or failed to surrender to custody having been bailed?
Yes
183
What does being backed for bail mean?
The person should be arrested, given a date to appear in court then released on bail
184
What must a person be informed of at the time of arrest?
The fact that they are under arrest The ground for arrest
185
Does grounds for arrest need to be given even if obvious?
Yes
186
Does a failure to inform grounds of arrest make it unlawful?
No
187
Can the information that is meant to be provided on arrest be provided right afterwards?
Yes, as soon as is reasonably practicable
188
Can the information that is meant to be provided on arrest be provided by a non-arresting officer?
Yes
189
Can an unlawful arrest by way of procedural irregularities be rendered lawful by a correction of the faulty procedure?
Yes
190
Is 'you're nicked' sufficient to inform somebody they are under arrest?
Yes
191
Does a specific offence need to be cited when explaining grounds for arrest?
No
192
When should an arrested person be cautioned?
As soon as practicable
193
What are the words of caution?
You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
194
Does failing to administer the caution render the arrest unlawful?
No
195
What effect could failing to administer the caution have?
Any evidence which arises from that could be inadmissible for the prosecution
196
What must be recorded in the pocket notebook on arrest?
Reasons Giving of caution Anything said by the arrested person
197
Where is information about somebody being detained at a police station kept?
The custody record
198
When can an officer use reasonable force?
When it is necessary to exercise one of their powers in PACE
199
What factors will be considered when determining whether force was reasonable?
Nature and degree of force Gravity of the offence Harm that would flow from use of force Possibility of effecting the arrest without force
200
Does use of excessive force render an arrest unlawful?
No
201
What approach should you adopt when trying to consider police powers?
P: Power A: Authority C: Criteria E: Exercised correctly?
202
When should an arrested person be taken to the police station?
As soon as practicable
203
When does an arrested person not have to be taken straight to the police station?
When they are needed for other investigations which need to be carried out immediately searches checking alibi
204
What police station does a person need to be taken to?
Any one is fine, but if being held longer than 6hrs needs to be a designated police station
205
What is street bail?
Being arrested, and told to present to a police station voluntarily at a later date
206
What things will happen to a person when they arrive at the police station?
Custody officer authorises continued detention Detainee informed of rights Non-intimate samples Intimate samples by healthcare professional Speak to solicitor Interview
207
What can happen to a detainee after police interview?
Released under investigation or police bail Charged and released on police bail to appeal at mags Charged and remanded in police custody to appear at mags the following day
208
Who is responsible for the welfare of suspects in detention at the police station?
The custody officer
209
What rank does a custody officer have to be?
Sergeant
210
Can the custody officer participant in investigating the offence?
No
211
Can anyone other than the custody officer authorise detention at the police station?
No
212
Which officer determines whether there is enough evidence to charge the detainee?
The custody officer
213
If there isn't enough evidence to charge, on what grounds can you still detain?
Secure or preserve evidence Obtain evidence by questioning
214
What additional types of welfare duties does the custody officer have?
Risk assessment for detainees Making accommodation's for the disabled Arranging interpreters Dealing with the detainees property Contacting healthcare professionals
215
What basic information must be recorded in the custody record? ## Footnote regarding arrest
That the person was informed of their arrest The circumstances of arrest Why arrest was necessary Any comments made by the arrested person
216
Can a solicitor consult the custody record?
Yes, and they should
217
What rank must a custody review officer be?
Inspector
218
Can the detention review officer be the same person as the custody officer?
No
219
When must police detention be reviewed?
In first instance, not more than 6 hours Then every 9 hours thereafter
220
What opportunities must the detained person be given upon review of their detention?
1. Reminded of their right to free legal advice 2. Be given the right to make representations
221
What is the max time a suspect can be kept in custody without being charged?
24hrs
222
At what point does the relevant time for detention start?
From the moment the suspect arrives at the police station
223
Is the relevant time different from the time detention is authorised?
Yes
224
Is there a power to extend detention beyond 24 hours?
Yes
225
How long can detention be extended?
Additional 12hrs for a total of 36 hours
226
When can/must authorisation to extend detention be given?
Before 24hr expiry but after the second review
227
What opportunities should the suspect be given if their detention is extended?
Grounds must be explained Make representations with a solicitor
228
What rank officer does it have to be to extend detention?
Superintendent
229
What category of offence does it have to be for a person to have their police detention extended?
Indictable only
230
What must the superintended believe in order to justify extending police detention?
Reasonable grounds for believing that detention is necessary to secure or preserve evidence or obtain evidence by questioning
231
What do the police have to do if they want to extend beyond 36 hours?
Apply to mags for a warrant
232
How long can mags extend police detention for?
36 hours on first application, and subsequent MAX 96 hours total
233
What criteria apply for MAGS when considering whether to extend police detention?
Reasonable grounds to believe further detention is necessary to secure or preserve evidence or obtain evidence by questioning Offence is indictable only Investigation is being conducted diligently and expeditiously
234
What rights does a detained person have?
Consult privately with a solicitor and to free independent legal advice To have somebody informed of their arrest To consult the codes of practice
235
Who informs detainees of their rights at the police station?
The custody officer
236
When must a detainee be reminded of their rights to free legal advice?
Commencement or recommencement of an interview Being asked to provide an intimate sample Intimate drug search Before an identification parade or video identification procedure
237
What should happen if legal advice is declined?
Should be noted on the custody record
238
When does legal advice need to be provided after it is sought?
ASAP
239
Should police wait for the solicitor before beginning the interview?
Yes
240
Can police dissuade the suspect from obtaining legal advice?
No
241
What should police do if a suspect asks for a lawyer mid interview?
Stop the interview
242
How long can police delay access to legal advice?
MAX 36 hours
243
What category of offence does it have to be to have the right to legal advice delayed?
Indictable only
244
What rank does an officer have to have to delay the right to legal advice?
Superintendent
245
What does the superintendent have to believe before they can delay the right to legal advice?
Reasonable grounds to believe legal advice will lead to: Interference with/harm to evidence or others Alerting people not yet arrested Hinder the recovery of property
246
How many times can the right to have somebody informed of arrest be exercised?
Every time the suspect is taken to a new police station
247
When does the right to an appropriate adult arise?
Person appears under 18 Mentally disordered or vulnerable Anyone whom an officer has been told in good faith is disordered or vulnerable
248
Who can be an appropriate adult?
Basically anybody who isn't a police offer or police employee
249
Who cannot be the appropriate adult?
Person suspected of involvement in the offence Victim or witness of the offence Anyone involved in the investigation Persons who received admissions from the detained person Persons of low IQ who can't appreciate gravity An estranged parent who the juvenile specifically objects to
250
What is the role of the appropriate adult
Ensure understanding Support/advise/assist Make sure police act properly Help communication Ensure detained person understands their rights
251
Can an appropriate adult request a solicitor on behalf of the person they're helping?
Yes
252
Does the detainee have to talk to a solicitor who was contacted by an appropriate adult?
No
253
When can a vulnerable detainee be interviewed or asked to provide a written statement without the presence of an appropriate adult?
When delay would lead to: - interference with or harm to evidence - interference with or physical harm to other people - serious loss or damage to property -alerting other suspects not yet arrested - hindering the recovery of property obtained during the crime
254
In what 3 circumstances can a suspect be interviewed without an interpreter?
Interference and harm to evidence Interference/harm to other people Serious loss or damage to property
255
Does bedding have to be supplied to detainees?
Yes
256
What rank is required to authorise interview without interpreter?
Superintendant
257
Do you have to caution people before interview?
Yes
258
What rank is the investigating officer?
Any rank
259
Where do police interviews have to take place?
At the police station, unless an exception applies
260
What are the common exceptions as to when police officers can vary the rules/apply exceptions?
Interference or harm to evidence Physical harm to persons Serious loss or damage to property Alerting other people Hinder recovery of property obtained in consequence of commission of an offence
261
Is there a right to disclosure before an interview?
No
262
What things have to be disclosed before interview?
A significant statement The custody record
263
What information must a solicitor be given before an interview?
Sufficient information to enable them to understand the nature of any such offence and why the client is suspected
264
What is a significant statement?
Anything that appears capable of being used as evidence e.g., direct admission of guilt
265
Must police interviews be recorded?
Generally yes
266
What category of offence do police interviews need to be audio recorded?
Indictable
267
When can an interview be recorded in writing?
Minor offences Person has not been arrested Takes place other than at the police station
268
When will a person not be fit for interview?
They can't appreciate the significance of questions/answers They can't understand wha tis happening because of the effects of drink, drugs, illness, ailment or condition
269
What rank officer can authorise interview for somebody who isn't fit for interview?
Superintendent
270
What should a solicitor do before a police station interview?
Get the pre-interview disclosure Privately meet with the client
271
Does a client have the option to suspend interview to further consult with their solicitor?
Yes
272
Is repetitive questioning inappropriate in a police interview?
Yes
273
Is misrepresenting information inappropriate in a police interview?
yes
274
Are hypothetical questions inappropriate in a police interview?
yes
275
Is disruptive listening inappropriate in a police interview?
Yes
276
In what 2 circumstances can confessions be excluded
Oppression or unreliability Adverse effect on the fairness of proceedings that the court ought not to admit it
277
What is meant by oppression, in the context of excluding a confession?
Torture, inhumane or degrading treatment
278
What does oppression or unreliability have to have done for a court to grant exclusion of confession?
Caused the confession
279
4 example of when a caution is not necessary
Establish identity and ownership of a vehicle Obtain information in accordance with a statutory requirement In furtherance of a search To seek verification of a written record of comments made by the person outside of an interview
280
How is a police interview defined?
Questioning a person about their suspected involvement in an offence
281
What is the solicitors role at the police station?
Protect and advance the rights of their clients
282
Does a solicitor at the police station need to actively defend their client?
Yes
283
Should a solicitor at the police station confront officers for breaches?
No, sit back and take notes
284
What should a solicitor do if an interviewing officer refuses a reasonable request?
Speak to the custody officer and have them put it on the record
285
Should a drunk or high person be treated as vulnerable?
No
286
How can a solicitor help protect a vulnerable client at the police station?
Ensure there is an appropriate adult Ensure that the custody officer requested a medical assessment Take time
287
What should a lawyer do when advising a client before police interview?
Be supportive Assess fitness for interview Provide advice on the legal position Explain the options the client has in the interview and consider which option would be best Explain and advise on consequences of those options Provide advice on samples
288
What are the 3 options in police interview?
Answer questions Don't answer questions Provide a written statement and go no comment
289
Can a written statement help avoid later adverse inferences
Yes, but it is difficult to cover everything
290
Can you give a mixed interview? (E.G., part written, part answering questions)
No, because then the transcript will be read in court
291
Is it a good reason to advise not to answer questions if the police have disclosed little to nothing about the case?
Yes, if that means the solicitor cannot usefully advise their client
292
What factors should you consider when deciding whether your client should answer questions at the police interview?
- Amount of disclosure - Admissibility and strength of evidence - Client account/instructions - State of your client - Significant statements - Adverse inferences
293
What are the argent factors?
Factors where adverse inferences can't be drawn when the solicitor advised silence because of the suspects condition e.g., ill health
294
In what 3 circumstances are adverse inferences drawn from remaining silent?
When a fact is later relied on at trial and it would have been reasonable to mention it now There is a failure to account for a mark, object or substance There is a failure to account for presence at the scene
295
Can a defendant be convicted solely based on an adverse inference?
No
296
With regards to adverse inferences, how is 'reasonable as to the circumstances existing at the time' interpreted?
What information was made available What information the prosecution can demonstrate the suspect knew at the time of charge The condition and circumstances of the suspect Legal advice that the suspect received
297
What is an adverse inference essentially an accusation of?
Making up an excuse Knowing their defence wouldn't have stood up to police questioning That they had no reasonable explanation at the time
298
Regarding adverse inferences from failing to account for an object, substance or mark, when does the right to draw the inference arise?
As soon as their is failure to advise, they don't have to later rely on it
299
What special warning must be given before there can be adverse inferences for failing to account for marks, objects and substances?
What offence is being investigated What fact they are being asked to account for The fact may be due to them taking part in the commission of an offence Court may draw a proper inference if they fail or refuse to account for this fact A record is being made of the interview and it may be given in evidence if they are brought to trial
300
Can an adverse inference be drawn if the suspect has not been allowed access to legal advice?
No
301
Are adverse inferences drawn if there is never any trial?
No
302
What 2 things can an eye-witness do to help identify?
Be taken to a neighbourhood or place to see if they can identify the person Be shown photographs
303
Do you have to do a suspect identification procedure if the suspect was previously known to the eye witness?
No
304
Do you have to do a suspect identification procedure if a suspect is previously known to an eye witness, but there is a dispute to whether it was them?
Yes
305
What are the 3 suspect identification procedures that may be used?
Video Identification parade (LINE UP) Group identification (in an informal group of people)
306
What rank officer can arrange the identification procedure?
Minimum inspector
307
Can the officer who is arranging the identification procedure be involved with the investigation in other capacities?
No
308
What is the preferred method of having a witness identify a suspect?
Video
309
Can the suspect refuse to participate in a video identification procedure?
Yes
310
Can covert procedures be used to have a witness identify a suspect?
Yes
311
Is a suspect entitled to receive a copy of the suspect description provided by an eye witness?
Yes
312
What do you have to inform a suspect of prior to their identification procedure?
Purpose of procedure Entitlement to free legal advice Procedure's for holding the identification Their right to have a solicitor or friend present That they don't have to consent or cooperate with the procedure That if they don't consent, their refusal can be included in evidence and police can proceed covertly
313
What is a viper?
Video identification parade electronic recording
314
Does a suspect have an opportunity to view the videos that will be included in the viper to identify them?
Yes
315
What do police have to tell the eye witness immediately before the VIPER is shown?
That the person may or may not be included in the viper
316
Can the recording of the VIPER procedure be shown to the suspect?
Yes, on request, at the discretion of the officer
317
Does the suspect have a right to a photo of the ID parade they were in?
Yes on request
318
How many people in an identification parade?
At least 8
319
Can the suspect select their own position in an ID line?
Yes
320
Can the witness in an ID parade ask the parade members to speak or move?
Yes
321
What is confrontation by eye witness?
When only one person is shown to the witness and asked if this was the guy
322
What is a voir dire?
A trial within a trial
323
What will a judge consider when thinking about whether to exclude eye witness evidence?
Whether there has been significant prejudice to the accused
324
If there hasn't been a formal identification procedure, is it likely that identification evidence could be excluded?
Yes
325
When rights do defendants have when ID evidence is admitted despite a breach?
Can comment on breach during the closing speech Trial judge ought to draw attention to the breach Jury should assess whether the breaches cause them to have doubts
326
Which defendants are passported for legal aid?
Under 18 Those on specified welfare benefits
327
How is a defendants weighted gross annual income calculated for MAGS means assessment?
Includes partners income (unless they are the complainant) Weighting is applied for the number of people living in the household
328
What is the lower annual income threshold to be eligible for public funding in MAGS? | **if you make more money than this you start having to make contribution
12,475
329
What is the upper threshold to be ineligible for public funding in MAGS?
22,325
330
Which defendants will need to undergo a full means test for legal aid funding in MAGS?
Those whose weighted gross annual income is between 12,475 and 22,325
331
What does the full means test in mags do?
Establishes the applicants annual household disposable income
332
What recourse does a legal aid applicant have in mags?
An eligibility review
333
What is the threshold for being ineligible for public funding in MAGS after a full means test?
Disposable income of 3,398 or less
334
Does capital form a part of the means test in MAGS?
No
335
What is the means test for Crown court?
Combined income and capital allowance of 30k, then they have to contribute
336
At what point in trial will a Crown court defendant pay their fees if paying out of personal capital?
At the end of the case
337
At what point in trial will a Crown court defendant pay their fees if paying out of income?
Throughout the duration of the trial
338
What metric does the Crown court means test look at?
Annual household disposable income
339
What metric does the MAGS court means test look at?
Weighted gross annual income
340
When will a crown court defendant be ineligible for public funding?
If they have more than 37,500
341
When will a crown court defendant be eligible for public funding without any contribution?
Less than 3,398
342
When will When will a crown court defendant have to make a financial contribution for their defence?
3,399 - 37,499
343
What contribution will the defendant have to make in Crown court?
90% of disposable income for a max of 6mo paid in instalments and subject to a maximum based on the type of offence
344
Will defence contributions be refunded with interest if acquitted?
Yes
345
When will a defendant pass the merits test automatically?
When charged with an indictable-only offence When an either-way offence is later sent to Crown court
346
What are the 10 propositions to pass the interests of justice test?
Loss of liberty Suspended/non-custodial that could be upgraded to custodial Lose livelihood Suffer serious reputation damage Substantial question of law Can't understand court proceedings or present own case Witnesses need to be involved or traced for me Proceedings involve expert cross It is in the interests of justice Any other reasons
347
When will the loss of liberty interests of justice test be passed?
If the defendant is ACTUALLY LIKELY to get a custodial sentence, not just an imprisonable offence
348
When will the suspended sentence/non-custodial sentence interests of justice test be passed?
When the defendant is not complying with the terms of a non-custodial sentence then for this new offence it is more likely they'll lose their liberty Or if it is a suspended sentence then there is effectively a guarantee that they will lose their liberty
349
When will the serious damage to reputation interests of justice test be passed?
When it is SERIOUS. Taken in context to that particular person e.g., easier if they are an upstanding citizen
350
When will the cannot understand proceedings or present my own case interests of justice test be passed?
Language Why interpreter is not sufficient Legal phrases/technical areas of law Youth Learning issues/mental health
351
When will the cross examination of prosecution interests of justice test be passed?
Would an experience police officer require cross examination Age Are the complainants also witnesses Are there issues that make it difficult for the defendant to examine the witness Could the defendant successfully conduct a trial without a solicitor but with the assistance of the authorised court officer?
352
When will the interests of another person interests of justice test be passed?
E.G., is a rape victim to be cross examined by her own rapist? young victim family that will suffer if they go to prison does not count
353
What are common 'other reasons' that the interests of justice test gets passed
I am pleading not guilty and matter will proceed to trial Matter is likely to be sent to crown court There are child witnesses or vulnerable witnesses
354
Can the defendant appeal if they fail the means test?
No, but they can submit another application if their circumstances change
355
Can the defendant appeal if they fail the merits test?
Yes
356
If the defendant fails the funding tests, to what extent can the duty solicitor represent them?
In the police station at the first court hearing
357
What is the DPP
Director of public prosecutions
358
Can the DPP take over any private prosecutions?
Yes
359
Who makes charging decisions for indictable offences?
A crown prosecutor
360
Do police have discretion on whether or not to charge for certain offences?
Yes
361
What offences do police have discretion as to whether to charge or not?
All are summary offences Various road traffic Offences contrary to public order Criminal damage where value does not exceed 5k Low value shoplifting
362
Which officer can decide whether or not to charge for an offence?
The custody officer
363
Where do crown prosecutors derive their powers from?
The DPP
364
What are the 3 ways of commencing criminal proceedings?
Arrest and charge Written charge and requisition Laying an information
365
What is police-bail?
When a suspect is 'bailed' because no charges are brought yet OR Charges are brought but they don't need to be kept in custody
366
When is police bail usually used?
Insufficient evidence to charge and further investigation is required Where police think there is enough evidence to charge, but must be referred to CPS for the ultimate charging decision
367
Can police-bail include conditions?
Yes
368
What does it mean to be released under investigation (RUI)?
Released not on police bail but acknowledged that the police are still looking into the matter
369
Does a person have to be arrested for a written charge and requisition to commence proceedings?
No
370
Who can commence proceedings using the written charge and requisition method?
A public prosecutor
371
Which prosecutors can commence proceedings using a written charge and requisition?
Available to 'relevant prosecutors' Those who prosecute on behalf of the state
372
How are proceedings commenced via 'laying an information'
Prosecutor gives info alleging an offence to MAGS Court then issues a summons or a warrant
373
Can private prosecutions be commenced via an arrest warrant?
No
374
What method of commencing proceedings do private prosecutors use?
Laying an information
375
What is contained in the written charge/information statement?
Statement of the offence Reference to the statutory provision Sufficient particulars of the conduct complained of to know what is alleged
376
What information is included in a criminal court summons or requisition?
Notice setting out when/where required in court Specify each offence in respect of which it has been issued
377
What is the 'statute of limitation' in UK criminal law?
When summary only, mags should not try and information or hear a complaint unless within 6mo of the date of the alleged offence
378
Is there a statute of limitations for an indictable offence?
No
379
Who generally provides advice on charge?
The CPS
380
When is a case adjourned?
Court cannot conclude the case in one hearing
381
What does remand mean?
Obligated to come back to the case to continue it Can be custodial or non-custodial
382
Who applies to have a defendant remanded in custody?
The prosecution
383
Are there any presumptions surrounding bail?
There is a presumption in favour of granting bail
384
What does the prosecution have to present to refute bail for a defendant?
Objections to bail
385
Can a prosecutor come up with any reasons it wants to object to bail?
No, they are finite and defined by law
386
What is the right to bail?
The presumption that a defendant should have bail
387
Does the right to bail still apply after conviction is adjourned?
Yes, if before sentencing
388
When does right to bail become absolute?
If the case has not progressed according to time limits
389
Are there any offences for which the presumption of bail is removed?
Statute seems to remove it for offences like murder
390
In what 2 cases does the right to bail not apply?
1. Those appealing their conviction or sentence 2. Defendants being committed for sentence from MAGS to Crown
391
What are the 'big 3' grounds to rebut the presumption to bail for indictable offences?
There are substantial grounds for believing that the defendant would Fail to attend a subsequent hearing Commit further offences on bail Interfere with witnesses or otherwise obstruct the course of justice
392
What does substantial grounds for believing mean in the context of being denied bail
That the 'bad' behaviour is **more likely than not**
393
Can witnesses be called when determining whether somebody is denied bail?
Yes
394
Is hearsay evidence permitted in the context of denying bail?
Yes
395
Should bail be granted if the defendant has no real prospects of the defendant receiving a custodial sentence?
yES
396
What is the general rule regarding rebutting the presumption of bail for summary offences?
Bail is given unless someone has failed to surrender to bail in the past (e.g., broke their bail conditions)
397
What is the secondary 'trio of grounds' to justify denying bail?
Remand in custody is for the defendants own protection Court has insufficient information to deal with the issue of bail so temporarily remands in custody Defendant is already serving a sentence in custody
398
What are the 2 specialist grounds for denying bail?
Serious cases with high penalties Cases of a particular nature that affect the assessment of the risk posed by a defendant on bail
399
What process should you follow when trying to determine whether bail will be granted?
Check whether the defendant falls into one of the special categories If a serious case: there is more stringent test for granting bail If cases of particular character: there are additional grounds the prosecution can rely on in addition to general grounds
400
Who can grant bail for murder?
Only crown court
401
When will bail not be granted for murder unless there are exceptional circumstances to justify it?
D has a pre-con for murder, attempted murder, rape or a serious sexual offence
402
When can a murder defendant be granted bail?
There is no significant risk of them doing an offence that causes physical or mental injury
403
Can a D for attempted murder, rape or serious sexual assault be granted bail if they have previously been convicted of one of those same offences?
No
404
For an offence carrying life imprisonment, what is the special consideration regarding whether D will be granted bail?
If they were already on bail or failed to attend having been on bail... then D may not be granted bail unless there is no
405
What are the special conditions for granting bail for an abuse of drugs charge?
If D has Class A drugs in their body + The offence relates to Class A drugs Court may not grant bail unless there is no significant risk of D committing an offence on bail
406
What are the special bail conditions for an offence against a partner or family?
Cannot be granted bail for an imprisonable offence if the court believes that there are substantial grounds to believe D would commit an offence on bail and would be likely to cause physical or mental injury to an associated person
407
When would bail be restricted for an offence against partner or family when the offence is not imprisonable?
If D is arrested due to a breach of bail
408
How does rights to bail change if D has previously absconded on bail?
Bail need not be granted again unless prior to conviction and there is no realistic prospects of a custodial sentence
409
How to rights to bail change if the defended committed an indictable offence while on bail?
Court need not grant bail
410
How to rights to bail change if D committed an summary imprisonable offence while on bail?
Court need not grant bail if there are substantial grounds for believing that D will commit further offences
411
What is the function of bail factors?
They help support whether or not the grounds have been made out
412
Are factors mandatory considerations for the main three grounds?
Yes
413
What are the bail factors?
1. Nature and seriousness of the offence and likely disposal 2. The character of the defendant, D's antecedents, associations and community ties 3. D's previous bail record 4. The strength of the evidence
414
What must the court consider before attaching a condition to bail?
Whether the condition is relevant, proportionate and enforceable
415
What are common bail conditions?
Residence at a given address Curfew Reporting to a local police station at given times Surety Security Restriction on where defendant may go Restriction on who the defendant can have contact with Electronic monitoring Bail hostel Surrender of passport
416
When can bail conditions be varied without a hearing?
If the parties agree on the variation
417
To which court should an application be made to vary bail conditions?
The court which granted the bail
418
Who can make applications to vary bail conditions?
Defence or prosecution
419
What happens if you breach a bail condition?
Bail is likely to be withdrawn
420
Is it a criminal offence to breach a bail condition
Not most of them
421
Which bail breach is a criminal offence?
Failing, without reasonable cause, to surrender to custody
422
What is the sentence for failure to surrender?
3 months imprisonment and/or unlimited fine or 12 months and/or unlimited fine on indictment
423
Must the court give reasons to refuse bail or impose conditions?
Yes
424
Why do people say there are '2 attempts at bail'
Because you can try in MAGS at both your first and second hearing with literally the same case and just a different judge
425
After the 2 bail applications, what does the defendant need to get before they can appeal?
A certificate of full argument from MAGS
426
When are bail appeals heard?
1 business day after appeal notice is served
427
When can D apply again for bail after having been declined on appeal?
If there is a change in circumstances
428
Who hears bail appeals from MAGS?
Crown
429
How much time is there between the first bail application and second?
1 week
430
Can D still apply a second time for bail at MAGS, if they used their appeal to Crown after the first attempt?
No
431
What should the defendant do if they need bail urgently, and can't wait for the second hearing in MAGS?
Appeal to Crown ASAP, they will hear it the following day
432
What 2 conditions must be satisfied for the prosecution to oppose bail?
Must have originally opposed bail Offence must be punishable by imprisonment
433
What is the procedure for the prosecution to appeal against granting bail?
Indicate it orally at the hearing when the bail is granted Confirm intention to appeal in writing and served on the court + defence within 2hr
434
When prosecution appeals bail grant, when will the appeal be heard?
Within 48hrs, excluding weekends of giving their written notice
435
Who hears the prosecutions appeal against bail?
Crown court
436
Is the procedure for appealing bail that was granted the same for MAGS and Crown?
Yes, except appeal will be heard in the high court
437
How many days can you be remanded in custody for trials in mags?
56 days
438
How many days can you be remanded in custody for trials in Crown Court for indictable or either way offences?
182 days less any says spent in custody prior to the case being sent to Crown
439
Can the court extend the amount of time spent remanded in custody?
Yes
440
What does the prosecution have to show to have remand in custody extended?
That it acted with: All due diligence and expedition There is a good and sufficient cause to have the defendant further remanded into custody
441
When must a trial commence for individuals remanded in custody?
Before the expiration of the custody time limit
442
When do MAGS trials technically start?
When the court begins hearing evidence from the prosecution
443
When does a Crown court trial technically start?
When the jury is sworn
444
For MAGS trials, do remand in custody have to continually be extended?
Yes
445
For Crown trials, does remand in custody have to be continually extended?
No
446
How long can you be remanded in custody for a MAGS trial before your first extension?
8 clear days
447
What happens after the first 8 clear delays remanded in custody for a MAGS trial?
You are given your second opportunity to apply for bail in a hearing
448
How often after the first extension does the D need to have their remand in custody extended for a MAGS trial?
Every 28 days or fewer
449
What is an onward remand?
When remand has to be renewed every 28 days for somebody awaiting a MAGS trial
450
Can an onward remand trial be conducted without the defendant?
Yes, with their consent
451
What is the bare minimum which must happen for an onward remand to be granted?
Magistrates have to remember to say on a given day: I remand Bob for a further 28 days in their absence
452
When must a defendant on bail, guilty plea anticipated, likely to be sentenced in MAGS have their first hearing within?
14 days
453
When must a defendant on bail, not-guilty plea anticipated, or the case is likely to go to Crown for trial or sentence have their first hearing within?
28 days of being charged
454
When must a D detained in police custody following charge be brought before a court?
The next available court
455
Must a defendant be present at the first hearing?
Yes
456
Why is it often not possible to proceed with a first hearing without the defendant?
Hearing likely deals with allocation of an eitherway offence or sending an indictable offence to the crown court
457
If the D has been summoned to court and didn't commit and offence for non-appearance, can the hearing go ahead without them?
Yes if the prosecution served statements and the defendant has been warned of the hearing
458
Can a penalty be imposed if the defendant was absent?
Also yes
459
What is the last day the prosecution can serve the initial details?
No later than the beginning of the day of the first hearing
460
Does the prosecution have to give D the initial details of their case?
Yes, if requested
461
When should the prosecution aim to give the initial details of their case by?
As soon as practicable
462
What happens if the prosecution doesn't serve initial details in time?
Court adjourns first hearing and awards costs to the defence for the prosecutions failure to serve
463
If the prosecution fails to serve the initial details of their case in time, is that a ground upon which the court can dismiss a charge or there be an abuse of process application?
Usually not
464
What is included in the initial details of the prosecutions case (not in police custody immediately before hearing)
Summary of the circumstances of the offence Account given by D in interview Any written statements and exhibits that are available and material to plea/mode of trial or sentence Victim impact statements Defendants criminal record
465
What does the initial details of the prosecution include D was in police custody immediately before the first hearing?
Only Summary of the circumstance of the offence Defendants criminal record
466
What purpose does the prosecutions initial details serve?
Must supply enough information to take an informed view on plea and a venue for trial Should also identify the real issues and assist in giving directions
467
What do first hearings deal with for summary and either way offences
Plea Bail Representation and legal aid Sometimes sentence
468
What do first hearings deal with for indictable only offences?
Only bail legal aid indicate their plea on the Crown Court
469
What is the exception for a summary only offence to be sent to Crown?
When in connection with an indictable offence
470
Which summary-only offences MUST be sent to Crown if in connection with an indictable offence?
Common assault Assaulting a prison or secure training centre officer Taking a motor vehicle or other conveyance without authority Driving a motor vehicle while disqualified Criminal damage
471
What summary matters must be sent to Crown in connection with an indictable offence for plea only?
Any matter not listed in s 40 that is punishable by disqualification from driving or imprisonment
472
Which summary-only offences will appear on indictment in crown court?
Only those listed in s 40
473
When will the court proceed to sentence on first hearing?
Summary only guilty plea
474
What happens at first hearing for a summary only guilty plea?
Plea Sentence Sentence can be adjourned for further information
475
What happens at first hearing for a summary only not guilty plea?
Case management - Preparation for Effective Trial Form
476
What is included on the PET form?
- Names and legal representatives - Witness info - Estimated length of trial - Identification of trial issues - Advance warning whether any applications are to be made (e.g., hearsay) - Whether prosecution statements can be read - Whether any special arrangements need to be made for anyone attending trial - Defendant advocate has advised D of credit for early guilty plea and that trial will go ahead in D's absence if D fails to attend on the trial date
477
What are common subjects of pre-trial hearings?
Admissibility of evidence Fitness to plead
478
When is a pre-trial ruling binding until?
Conviction or acquittal Prosecution decision not to proceed Dismissal of the case
479
What can a party do if they disagree with a pre-trial ruling?
Apply to have it varied or discharged if there has been a material change of circumstances
480
Can the court discharge or vary a pre-trial ruling?
Yes, if it is in the interests of justice to do so and the parties have been given an opportunity to be heard
481
When can you plead guilty by post?
The matter was commenced by summons or requisition Prosecution served a summary of evidence Prosecution has served information relevant to sentence
482
What happens at the first hearing for an either-way offence?
Warnings: can be sentenced by the court, committed to Crown for sentencing Charge is read out Asked to indicate plea
483
What plea options are there at a plea before venue?
Guilty Not guilty No indication
484
How is a no-indication plea treated?
Not guilty
485
How would an equivocating guilty plea be treated?
Not guilty
486
How would this plea be treated: 'Guilty but I would have given the item back'
Not guilty
487
What must MAGS be careful of if adjourning for sentence?
Creating an expectation that the defendant will be sentenced in MAGS
488
What is a PSR?
Pre-sentence report used in mags when adjourning before sentencing
489
When should MAGs order a PSR if committing for sentencing?
there is a realistic alternative to a custodial sentence the defendant may be a dangerous offender there is some other appropriate reason
490
What does the allocation guideline say about how either-way offences should be tried?
They should be tried summarily
491
What does the allocation guideline say about when either-way offences should NOT be tried summarily?
Outcome would clearly be a sentence in excess of the courts powers unusual procedural or factual complexity
492
Can MAGS retain jurisdiction even if the sentence might exceed powers?
Yes and it should if it can
493
What 3 things does the prosecution do at the allocation hearing?
Opens with facts Outlines the defendants offending history Makes submissions as to where the trial should be held consistent with the allocation guidelines
494
What 2 things does the defence do at the allocation hearing?
Make submissions as to venue Disagree or agree with the prosecutions opinion about the venue
495
What does 'election' refer to?
When D chooses MAGs or Crown
496
Can you still be committed to crown for sentence after a summary trial?
Yes
497
Why is advice usually to elect a crown court trial?
Acquittal rate is higher Separate tribunals of law and fact can be advantages (voir dire procedures can have evidence excluded) Not always the case that a Crown Court gives a harsher sentence than mags
498
Which 3 key offences don't neatly fit into a category (e.g., summary only)
Low value shoplifting Criminal damage Complex fraud Where children may be called as witnesses
499
What category of offence are fraud and cases regarding children given notice under s51b or s51c treated as?
They follow the indictable procedure and are sent straight to crown
500
At least 2 criteria from a larger list must be satisfied for a case of complex fraud, what is the list of criteria?
Amount is alleged over 500k Significant international dimension Requires specialist knowledge There are numerous victims Likely substantial and significant fraud on a public body Is of widespread public concern or endangers the economic wellbeing of the UK
501
How many magistrates are needed for an early administrative hearing?
1
502
Can a single magistrate make a bail or custody decision?
Yes
503
What is the approach when multiple defendants are jointly charged with a summary only offence and some plead not-guilty but others plead guilty?
Those who plead guilty have their sentence adjourned until after trial
504
For an either-way offence with multiple defendants, can one defendant elect crown and the rest stay in MAGS?
No, if one elects crown they must all go to crown
505
Which court will it go to if one defendant is charged with summary only and the other defendant an either way offence?
The either-way is decided first, the summary only follows the either-way
506
What happens when the defendant is charged with a summary only and an indictable only or either-way offence to be tried at Crown?
If summary is dealt with at the same hearing it MUST be send to Crown If summary is dealt with at a subsequent hearing it MAY be sent to Crown
507
What is used material in a criminal case?
That which the prosecution will rely upon at trial
508
What is unused material in a criminal case?
Material that is not being relied upon by the prosecution at trial
509
Why is unused material important to a criminal defence?
Because it usually includes information that is contrary to the prosecutions case
510
Does the prosecution have to give over information that is disadvantageous to its case?
Yes
511
Is there a duty to retain material found in a criminal investigation?
Yes
512
What are the 4 stages of criminal disclosure?
1. Investigation 2. Initial duty of disclosure on the prosecution 3. Defence disclosure 4. Continuing duty on the prosecution to keep disclosure under review
513
What 3 officers does each criminal case have?
Officer in charge of the investigation An investigator A disclosure officer
514
Does the investigator have to pursue all lines of enquiry, including those for and against their suspect?
Yes
515
What is the general role of a criminal disclosure officer?
Inspect, view, listen or search all relevant material Provide a personal declaration that they looked at everything
516
What should the disclosure officer do if they aren't sure as to whether some materials are disclosable?
Seek the assistance of the prosecutor
517
How long must material be retained and recorded for?
1. Until a decision is made as to whether or not to institute proceedings 2. Until the suspect is acquitted, convicted or prosecutor does not want to continue with the case 3. Until the defendant is released from custody 4. Until 6mo from the date of conviction (non-custodial) 5. Until the appeal is concluded
518
What happens if information comes to light after proceedings have conclude that could risk the safety of the conclusion?
The prosecutor must consider disclosure of the material
519
What is an MG6C?
A schedule of material given to the prosecutor by the disclosure officer
520
What does a prosecutor need to do if they don't have anything to disclose to the defence?
Give the accused a written statement that there is no material they are in possession of that is adverse to their own case in any way
521
What is 'prosecution material'
1. material in the prosecutors possession and came into his possession in connection with the case for the prosecution against the accused 2. which he has inspected in connection with the case for the prosecution against the accused
522
What factors might be relevant to consider when deciding whether material should be disclosed?
1. Needed for cross? 2. Capacity to support submissions leading to - exclusion of evidence - stay of proceedings as a abuse of process, where material is required to allow a proper application to be made - court or tribunal finding that any public authority had acted incompatibly with the accused rights under the ECHR 3. Capacity to suggest an explanation of the accuseds actions 4. Capacity to have scientific or medical bearing on the case
523
Is the law prescriptive of the result or method of criminal disclosure?
Result, prosecution can decide their case by case strategy
524
What is the time limits for initial disclosure?
No later than the beginning of the day of the first hearing
525
When does the duty of disclosure technically arise in MAGS?
When the defendant pleads not guilty and the case is adjourned for summary trial
526
When does the duty of disclosure technically arise in Crown?
When a defendant has been sent for trial or a Voluntary Bill of Indictment has been preferred against the defendant
527
What is the common-law duty of disclosure?
Also the statutory duty of disclosure arises when defendant pleads not guilty or is sent to trial, a common law duty of disclosure arises when the prosecutor recognises something should be disclosed in the interests of justice and fairness e.g., if they think they'll need the info for a bail hearing
528
Under the common law duty of disclosure, does the prosecution have to disclose even if the statutory duty has not yet arisen?
Yes
529
Is there a specific prescribed number of days or time limits for prosecution disclosure?
No -- as soon as practicable after the duty has arisen
530
Does the court often set deadlines for disclosure?
Yes
531
What orders are likely to be made for disclosure after a first hearing in mags where D pleads not guilty and the case is adjourned for a summary trial?
Court will give a date when prosecution has to serve their remaining evidence Date will be given if the prosecution has yet to comply with its initial disclosure of unused material
532
How much disclosure is required to be made before the PTPH hearing?
Sufficient to enable the court to case manage without the need for a further hearing
533
Is the duty of disclosure continuing?
Yes
534
Is the disclosure test objective or subjective?
Objective -- if it helps the defence it counts
535
Which officer is responsible for ensuring that proper procedures are in place for recording information and retaining records of information and other material during an investigation?
The officer in charge of the investigation
536
Does the defence have a duty to serve material that is helpful to the prosecution?
No
537
What does a defence statement do?
Give reasonable clarity to what the defence statement is
538
What 5 things must a defence statement include?
1. Nature of defence and particular defences 2. Matters of fact on which he takes issue 3. Why he takes issue 4. Facts intending to rely on for defence 5. Indicating points of law and authority on which he intends to rely on for that purpose
539
What must a defence statement disclosing an alibi give particulars of?
Name, address, DOB of a witness that can support the alibi or as much info as possible Information the accused has which would be of material assistance in identifying those potential alibis
540
Is a defence statement compulsory in mags?
No
541
Is a defence statement compulsory in crown?
Yes
542
What is the deadline to serve a criminal defence statement? ## Footnote in crown
Within 28 days of when the prosecution provides its initial disclosure
543
When can the deadline to serve a criminal defence be extended?
If made within the OG time limit If the court is satisfied that it would not be reasonable to require the defendant to give a statement within 28 days
544
If a defence statement is being used in MAGS, what is the deadline to serve it?
Within 10 business days of the prosecution complying with initial disclosure
545
If not making a defence statement in mags, can the defence still make an application for initial disclosure?
No
546
What does the defendant have to disclose to the court and prosecutor regarding witnesses?
If they intend to call them at trial Names, DOB, identifying information
547
Which witnesses go in the defence statement, and which ones in the Notice of Intention to Call Defence Witnesses?
Defence statement -- alibi witnesses Notice of intention -- all others
548
What is the deadline to provide the Notice of Intention to Call Defence Witnesses in mags and crown?
10 DAYS IN MAGS (standard direction) Within 28 days of initial disclosure in Crown
549
What happens if the defence fails to serve valid disclosure?
Adverse inferences Prosecution can comment on it without leave of the court unless it relates to a point of law Prosecutions can challenge an inadequate statement and require a new one to be filed
550
Can the court give additional sanctions beyond adverse inferences, prosecution comment and resubmission for messing up defence disclosure?
No
551
Are there any consequences if you don't submit a disclosure in MAGS?
No, e.g., no adverse inferences because it isn't mandatory
552
What tactical advantage could there be to not serving a defence statement?
You can avoid drawing the attention of the prosecution in light of certain issues
553
Is the defendants proof of evidence contained within the defence statement?
No
554
What application can the defence make if they think something should have been disclosed but wasn't?
An application for specific disclosure
555
What things need to have happened before an application for specific disclosure can be made?
Defence must have served a defence statement Prosecutor must have provided further information or noted that no further info was required
556
What must the application for specific disclosure argue?
That the prosecution has the material That the material should have been disclosed
557
What should happen before an application for specific disclosure?
Collaborative discussion
558
What 4 potential consequences can arise if the prosecution doesn't do disclosure properly?
Stay the indictment on grounds that the case is an abuse of process of the court Conviction quashed on appeal b/c unsafe Delay, wasted costs, refusal to extend custody time limits Exclusion of evidence due to unfairness
559
Do third parties have a duty of disclosure?
No
560
Does the prosecution have a duty to try and obtain relevant materials held by 3rd parties?
Yes
561
Is speculative enquiries towards third parties around disclosure required?
No
562
What options does the prosecution have if the third party refuses to disclose?
They can seek a summons
563
What should the prosecution apply for if they think information they have will give rise to a real risk of prejudice to important public interest regarding disclosure?
They should apply to the judge for non-disclosure in the public interest
564
What is non-disclosure in the public interest also known as?
Public interest immunity
565
Does sensitive material have to be recorded at the investigation stage?
Yes
566
Where is sensitive material recorded during the investigation stage?
The sensitive material schedule
567
What must also be stated in the sensitive material schedule?
Why the material is sensitive and to what degree The consequences of disclosing the material to the defence The relevance of the issues in the case The implications for continuing the prosecution if the material is ordered to be disclosed Whether it is possible to make a disclosure without compromising sensitivity
568
When can pre-trial matters be considered?
At a first hearing At a hearing on a date after the first hearing and before the trial date On the day of trial before it starts
569
Should pre-trial matters try and be resolved before the day of trial?
Yes
570
What do first hearings in mags commonly give directions for?
Service of documents between the parties Either resolve there and then any matters of law or set out a time table as to when they will be resolved Set a trial date
571
If MAGS determines something in a pre-trial hearing, does it bind itself?
Yes
572
When can MAGS change a pre-trial ruling?
When there is a material change in circumstances or something was not brought to the attention of the court when they made the ruling
573
What is the inherent problem with judges ruling on admissibility of evidence?
They have already heard it and could be biased
574
Which court sets the date for the PTPH?
MAGS when it is sending the case to crown
575
What is the deadline for when the PTPH is held?
Within 28 days of being sent from MAGS
576
What is a sending sheet?
A notice specifying the offences when sending to Crown
577
Is there a prescribed form for the sending sheet?
No
578
What is the deadline to serve evidence when the defendant is in custody?
50 DAYS
579
What is the deadline to serve evidence when the defendant is on bail?
70 days
580
What is the deadline to send a draft indictment?
20 business days after serving prosecution evidence
581
Where is evidence uploaded to?
Crown Court Digital Case System
582
What are the 2 parts within the PTPH form?
Plea Sentence or trial preparation stage
583
What is an arraignment?
When a defendant pleads guilty or not guilty to each charge
584
What happens if there is a mix of guilty and not-guilty pleas at the PTPH?
Prosecution has to consider how it wishes to proceed: 1. Court moves to sentence 2. Moves to the trial preparation stage
585
What happens if the defendant is deemed unfit to plead?
The trial takes place without a plea and the jury decides whether the defendant committed the actus reus but the mens rea is not considered
586
What punishments can a defendant who is found unfit to plead get?
Absolute discharge Supervision order Hospital order
587
What are the four 'staged dates' determined at the PTPH
Trial date Prosecution evidence Expert evidence Witness requirements
588
What are 5 common 'further directions' applications dealt with a the pre-trial stage?
Applications to exclude evidence or introduce otherwise inadmissible evidence Special measures (witness assistance) Vulnerable defendants Witness summons and warrants Applications to change plea
589
What types of special measures are available to witnesses?
Screens Live TV link Evidence given in private Removing wigs and gowns Video recording of evidence in chief Pre-recording of cross and re-examination Questioning through an intermediary Aids to communication
590
What 6 categories of witness are eligible for special measures?
All witnesses under 18 Mental disordered In fear or distress and quality of evidence will be reduced Adult complainants of sexual offences Adult complainants of certain offences under the modern slavery act Witnesses to a 'relevant offence' e.g., homicide or knife crimes
591
What are the additional types of special measures for witnesses?
Witness anonymity orders Automatic anonymity of complainants in sex cases Prohibition of cross examination by defendants in person of complainants in sex cases and child witnesses for violent and sexual offences Restricting reporting of witness identity
592
What is the role of the witness intermediary?
Assist communication
593
Who does a witness intermediary owe duties to?
The court
594
Does MAGS, Crown or both have the power to issue a witness summons?
Both
595
What happens if a witness disobeys a summons?
Can be arrested, contempt of court
596
What is the process to change a plea from not guilty to guilty?
At any time before verdict, ask for the indictment to be put again
597
What is the deadline for trying to change your plea from guilty to not guilty?
Any time before getting sentenced
598
What is the process for changing your plea from guilty to not guilty?
Apply to the court to vacate your plea
599
What are the 2 most common scenarios where the court will allow a change of plea from guilty to not guilty?
The defence can show that the prosecution has no evidence of an essential ingredient Defendant was improperly placed under undue pressure to plead guilty or was materially misadvised by their legal team
600
What does council usually have to do if a plea is changed from guilty to not guilty?
Resign, cause if that it happening it means they probably majorly errored
601
Is legal privilege often waived when changing a plea from guilty to not guilty?
Yes
602
Why is legal privilege often waived when changing a plea from guilty to not guilty?
Because usually you have to prove that council did something wrong
603
In what 3 ways can you 'prove a fact' in evidence other than live witness evidence?
Agreeing a witness statement is true by party consent Agreeing any fact between the parties A judge or jury to take judicial notice of the fact
604
If a witness statement is agreed as true do they still have to attend court?
No
605
What is the process for agreeing a fact between parties?
The facts are written out and the lawyers sign
606
Do parties have to prove facts that are widely and generally known?
No
607
What is judicial notice?
For facts that aren't widely known, but are easily known and verifiable the judge takes a judicial notice on enquiry
608
What should a juror do if they have personal knowledge of facts which are not widely known and are relevant to the case?
Let the court know
609
What is the most common form of evidence?
Oral witness evidence
610
What is real evidence?
Items, things, documents
611
What is direct evidence?
Something the witness has direct experience of I saw them at the train station at midnight
612
What is circumstantial evidence?
Evidence from which facts are inferred e.g., they had a train ticket in their pocket for a train departing at midnight
613
What is 'view' evidence?
When the jury visits the scene of a crime or leaves court to view an object that can't be brought into court... their observations become evidence
614
What is the first and most fundamental principle of evidence?
For evidence to be admissible, it must be relevant
615
How is evidential relevance established?
Whether evidence is logically probative -- does it prove or disprove a fact in issue
616
What does evidence being logically probative mean?
It proves or disproves a fact in issue
617
Would evidence of a previous incidence of dishonesty be admissible (relevant enough) for a case where the mens rea involves proof of some dishonesty?
No, because it wouldn't prove dishonesty in that specific case
618
Besides relevance, what dictates whether evidence will be admissible or not?
The exclusionary rules
619
Who decides on the weight of evidence?
The jury
620
When can a judge intervene as to the admissibility of evidence?
If it is so tenuous, that no one could reasonably put any weight on it
621
Who has the burden of proving an offence?
The prosecution
622
What is the standard to which the prosecution must prove?
Beyond reasonable doubt aka so that you are sure of guilt
623
When does the defence have to prove things?
E.G., for insanity, self-defence... all specific defences
624
What is the evidential burden?
Before evidence is put to the jury, the judge has to be satisfied that the jury heard some evidence on which it could find that the issue had been proved
625
What does 'passing the judge' mean?
When the judge has to decide whether the evidential burden has been met or not
626
Realistically, when is the only time when the legal and evidential burden become detached?
Self-defence Defence has to raise SOME minimal evidence that they acted in self defence Prosecution then has to disprove self-defence to establish that the force was unlawful
627
What happens if the prosecution fails to put forward any evidence to prove one of the elements of an offence?
The case will be dismissed
628
Does the defence have to prove alibi?
No, the prosecution has to disprove the alibi
629
Does the defence have to prove the defence of duress?
No, the prosecution has to disprove it
630
What are the 6 principal ways of excluding evidence or brining a prosecution case to an end?
Apply for dismissal Submission of no case to answer Apply to exclude evidence under PACE Apply to exclude confessions under PACE Apply to exclude evidence under the preserved common-law provisions Abuse of process applications
631
When is an application for dismissal made?
When sent to crown from mags when defendant was served with evidence relating to the offence Before the defendant is arraigned
632
Can the defence make an oral application for dismissal?
Yes, if they provide written notice
633
What is the test for dismissing a charge?
If the judge thinks that the evidence would not be sufficient for a proper conviction
634
What is the test for a submission of no case to answer?
1. There is no evidence the crime has been committed by the D OR 2. Where the prosecution evidence, taken at its highest, is such that a properly directed jury could not convict on it
635
Where is an application of no case to answer made?
Either crown or mags
636
Can you apply for no case to answer on only some charges?
Yes
637
How should the judge decide whether no jury could properly convict when considering no case to answer?
They should look at whether or not the strength or weakness of the evidence depends on matters which are generally within the province of the jury
638
When is the submission of no case to answer made?
When the prosecution has finished making its case
639
What is a 'half time submission' and why is it known as that?
A submission of no case to answer Because it happens at 'half time' after the prosecution has finished making its case
640
Does a submission of no case to answer happen with or without the jury there?
Without
641
What is the Galbraith test?
The criteria for deciding whether there is no case to answer
642
Does a court have to give reasons for rejecting a submission of no case to answer?
No
643
What are the 2 categories of case when the court has the power to stay proceedings for abuse of process?
1. Accused can no longer receive a fair trial 2. Unfair to try the accused, it would put the integrity of the criminal justice system in jeapordy
644
Is abuse of process a last resort?
Yes, if it can be put right another way it should
645
What are 4 examples of likely successful abuse of process applications?
D was tricked or coerced into committing the offence D was prosecuted despite the prosecution promising that they wouldn't Police undermined public confidence, e.g., destroyed evidence Prosecution misused or manipulated the process of court to deprive the D from protection afforded at law
646
When could delay amount to abuse of process?
If the prosecution did it deliberately or it appears that they did
647
What grounds for abuse of process exist in MAGS?
Only that the defendant is unable to have a fair trial
648
Can the common law discretion to exclude evidence apply to the defence, prosecution or both?
Only the prosecution
649
What is the common law discretion to exclude evidence?
If the prejudicial effect outweighs its probative value
650
Can co-defendant A apply to exclude defence evidence that co-defendant B wants to submit?
No
651
What is a Section 78 PACE application?
Application to exclude unfair evidence having regard to all circumstances including how it was obtained
652
Can s 78 exclude a defendants evidence?
No
653
In what circumstances is s78 most likely to apply to exclude evidence successfully?
Where evidence was obtained from Breaches of Police Codes of Practice ECHR breaches
654
Is an ECHR or Police Codes breach enough for a s78 application to be approved?
Probably not, it has to be unfair... If the breach was in bad faith then it probably is unfair
655
When will the court of appeal interfere with a judges decision under s78?
Only if it was perverse, and no reasonable judge could have come to that conclusion
656
What are the 3 opportunities to make a s78 application?
Before trial Commencement of Trial Just prior to the prosecution seeking to admit the evidence which the defence wish to be excluded
657
When will a judge usually want a hearing for a s78 application?
If the approval of the application would very seriously jeopardise the prosecutions case
658
What is a voir dire?
Like a mini trial within the trial where the judge considers a dispute of facts before determining the outcome of an application Both parties make representations, burden of proof is the same etc
659
What is the definition of a confession?
Any statement wholly or partly adverse whether made to a person in authority or not
660
What are the 2 limbs to exclude a confession?
Oppression Unreliability
661
What is oppression in the context of excluding a confession?
Torture, inhumane or degrading treatment and use of threat or violence
662
What is the dictionary definition of oppression?
Burdensome, harsh, unjust, cruel exercise of authority
663
Do the attributes of the accused change whether or not they were oppressed?
Yes, some things might be oppressive to somebody but not to others
664
What is the process by which oppression is dealt with?
Defence raises it Prosecution must then prove beyond reasonable doubt that the confession was not obtained by oppression
665
If oppression is proved NOT to have happened, can the defence still try and discredit the evidence by asserting oppressive practices etc?
Yes
666
What is the 3 step approach for when a defendant alleges their confession is unreliable?
Identify the thing said or done Ask whether what was said or done was likely to render an unreliable confession (objective test) Ask whether the prosecution proved beyond reasonable doubt that the confession was not obtained in consequence of the thing said or done
667
Give some examples of things said or done that can render a confession unreliable
Promise to release somebody promptly from police custody if they tell all Promise of bail on a full frank confession Threat to arrest a suspects wife or partner if they don't confess Interviewing young/mentally vulnerable without an adult there
668
What is the approach when considering whether an act rendered a confession unreliable?
Not the actual circumstances, but a hypothetical question is asked: is there a likelihood that any confession would be unreliable in the circumstances prevailing at the time
669
What is the definition of unreliable, for the purposes of excluding a confession?
Cannot be relied upon as being the truth
670
What are three scenarios of unreliable confession circumstances?
Deprivation of sleep Failure to caution Denial of access to legal advice
671
What happens to evidence discovered as a result of an excluded confession?
Facts discovered are still admissible They just can't say the reason that the evidence was discovered in court
672
What happens to excluded confessions that the prosecution wants to use because it proves other things (e.g., hand writing proof but not content)
It will likely be usable
673
When/where is a dispute as to the admissibility of evidence first raised?
At the PTPH, trying to exclude evidence falls under the points of law provision The court will then provide directions about submitting skeleton arguments re: excluding evidence
674
In MAGS what is the deadline to submit a defence skeleton argument in support (e.g., to exclude evidence)
10 days before trial
675
In MAGS what is the deadline for the prosecution to file a response to a defence skeleton argument in support (e.g., to exclude evidence)
5 days after the defence skeleton is submitted
676
What 2 questions should you ask when trying to tackle potential hearsay?
Does the evidence fall within the definition of hearsay? If yes -- inadmissible Does the evidence fall within one of the exceptions to the exclusionary rule?
677
Why is hearsay evidence generally excluded?
It is said to be unfair, because it cannot be tested by cross examination in court
678
When hearsay is critical to the case, what are the 3 principal factors that determine whether there can be a fair trial?
Where there is good reason to admit the evidence Whether the evidence can be shown to be reliable The extent to which counter balancing methods have been properly applied
679
What is hearsay?
A statement not made in oral evidence
680
Can parties agree to admit hearsay?
Yes
681
What is the 3-part test to determining whether something is hear-say?
1. Identify the fact (matter) that is sought to prove 2. Ask whether there is a statement of that matter in the communication 3. If yes, ask whether it was one of the purposes of the maker of that communication that the recipient should believe that matter and act upon it as true if yes it is hearsay
682
Is a private diary hearsay?
No, because there wasn't intention people should believe anything
683
Is CCTV hearsay?
No because it is not a person there was no human input
684
Can a question be hearsay?
No, it doesn't count as a statement
685
Is showing the effect of words hearsay? E.G., explaining that a solicitor gave advice for a no-comment interview?
No
686
Are legally significant words hearsay? e.g., an offer to provide sexual services for money?
No
687
Can falsehoods be hearsay (e.g., somebody saying a statement then saying none of it was true)
No, there is no intention of truth
688
How is hearsay different from original evidence?
Original evidence is just saying somebody said something, it isn't asserting it as truth like a witness statement.. it is used to prove or disprove something Hearsay is an assertion of truth as to a fact in issue
689
What are 3 statutory exceptions which allow hearsay to be admitted?
Witness is unavailable It is a business document iT IS IN THE INTERESTS OF JUSTICE
690
What 3 conditions must be satisfied to admit hearsay when the witness is unavailable?
Oral evidence, if it had been made, WOULD have been admissible as evidence The person who made the statement is identified to the courts satisfaction Any of the 5 conditions in subsection 2 are satisfied
691
What are the 5 conditions in subsection 2 regarding when hearsay will be admitted because the witness is unavailable?
Witness is dead Person is unfit to be a witness Person is outside UK and their attendance is not practicable (incl. by video link) Person cannot be found even though steps have been taken Through fear, person does not give evidence in the proceedings and the court gives leave for the statement to be included in the proceedings
692
Can you have anonymous hearsay?
No
693
When allowing an exception to hearsay because a person is unavailable due to fear, is it the defendant that has to have put them in fear?
No
694
To what standard does the court have to be satisfied that the witness won't testify due to fear before a hearsay exception can apply?
The criminal standard
695
For admitting hearsay under an exception because the witness was unavailable due to fear, what is the approach if there has been witness intimidation?
It will probably be admissible, and the intimidatory defendant cannot complain that they did not have a fair trial
696
What types of documents does the business documents exception to no hearsay evidence apply to?
Medical evidence Statements written down by police
697
What conditions must be satisfied to admit hearsay under the business document exception?
Oral evidence would have been admissible The document was created or received by a person in the course of literally any professional businessy capacity Person who supplied the information had or can be supposed to have had personal knowledge of the matters All the people receiving the information were also in the course of trade (SENDER AND RECEIVER CAN BE THE SAME PERSON)
698
In what circumstances will documents prepared in anticipation of criminal proceedings be admissible?
Documents were prepared for a person in fear, and the unavailability due to fear criteria is satisfied Person who supplied the information in the statement could not reasonably be expected to have any recollection of the matters dealt with in the statement
699
700
Can somebody be arrested because officers think somebody is about to breach their bail?
Yes
701
What is the max time a suspect can be kept in custody without being charged known as?
The relevant time
702
What does a submission of no case to answer mean?
The prosecution has failed to provide an arguable case

SQE2.02 (23 decks)

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