Criminal Practice Flashcards
Offences ranking
1) Summary
2) Either way
3) Indictable
Where do trials of summary offences take place?
Magistrates court
Where do trials of either way offences take place?
Crown court or magistrates court
Where do trials of indictable only offences take place?
Crown court
Example of summary only property offence
Criminal damage under £5000
Example of either way property offence
Theft act s1
Example of indictable only property offence
Robbery, Theft Act 1968 s.8
OAP summary offence
Battery
OAP either way offence
Assault occasioning ABH
OAP Indictable only offence
Wounding/GBH with intent
Why do police interview suspects?
Obtain evidence by questioning
Does a suspect have to answer police questions?
No
Privilege against self discrimination
Why do suspects decide to not answer questions?
to avoid strengthening the prosecutions case
How do criminal proceedings start?
Charging a suspect
Tests used to decide wether or not to supply legal aid?
Means test and interests of justice test