Criminal Practice Flashcards

1
Q

Offences ranking

A

1) Summary
2) Either way
3) Indictable

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2
Q

Where do trials of summary offences take place?

A

Magistrates court

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3
Q

Where do trials of either way offences take place?

A

Crown court or magistrates court

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4
Q

Where do trials of indictable only offences take place?

A

Crown court

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5
Q

Example of summary only property offence

A

Criminal damage under £5000

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6
Q

Example of either way property offence

A

Theft act s1

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7
Q

Example of indictable only property offence

A

Robbery, Theft Act 1968 s.8

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8
Q

OAP summary offence

A

Battery

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9
Q

OAP either way offence

A

Assault occasioning ABH

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10
Q

OAP Indictable only offence

A

Wounding/GBH with intent

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11
Q

Why do police interview suspects?

A

Obtain evidence by questioning

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12
Q

Does a suspect have to answer police questions?

A

No

Privilege against self discrimination

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13
Q

Why do suspects decide to not answer questions?

A

to avoid strengthening the prosecutions case

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14
Q

How do criminal proceedings start?

A

Charging a suspect

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15
Q

Tests used to decide wether or not to supply legal aid?

A

Means test and interests of justice test

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16
Q

To which offence does plea before venue procedure apply?

A

Either way offences

17
Q

On what grounds may the court refuse bail

A

faili ng to surrender to custody

Committing an offence on bail

Interference with witnesses

18
Q

Things the court use to help decide bail

A

Nature and seriousness of the offence

the character and antecedents of the defendants

the defendants record as respect to bail

the associates and community ties of the defendant

19
Q

How can a defendant be convicted of an offence?

A

plead guilty or be convicted at trial

20
Q

Purpose of a criminal trial?

A

So the prosecution can prove its case

21
Q

Trial: How many lay magistrates are required for trial?

A

3

22
Q

Evidence: What is the general rule with opinion evidence?

A

Inadmissable

23
Q

Examples of potentially admissible evidence?

A

Oral testimony

witness statements

documentary evidence

Real exhibits

24
Q

When a witness gives evidence what is the correct order?

A

Evidence, cross examine, re-examine

25
Q

what is a statement not made in oral evidence relied on as evidence of a matter stated

A

hearsay evidence

26
Q

What evidence that relies on inference to reach a conclusion of fact?

A

Circumstantial evidence

27
Q

When is a defendant sentenced?

A

After conviction

28
Q

Which is the correct order for increasing seriousness of sentence?

A

discharge to fine to community to custody

29
Q

Which court generally hears appeals?

A

Crown court

30
Q

What is remand?

A

Going to prison until you’r hearing

31
Q

PACE section 60

A

audio recording of interviews