Criminal Practice Prio Flashcards
What rights does a suspect at a police station have (general)?
- access to free legal advice
- access to free medical help and interpreter
- right to notify someone of their arrest
- right to inspect police codes of practice
- right to silence
- right to be informed of reason of their arrest
- right to inspect documents relating to there arrest and detention
- right to information on - detention time limits
Can right to inform of arrest/access to free legal advice in station be vetoes or delayed?
Delay (max of 36 hours) permitted only when:
- suspect is arrested on an indictable offence only or either way offence
- superintendent or above in rank authorises delay in writing;
- officer has reasonable grounds to believe that exercise of right will lead to interference with evidence or others, alert other suspects or hinder recovery of property related to the offence
What are the rules for Video Identification?
- video of suspect and 8 others that resemble them in age, height, appearance and position in life
- distinguishing fealties must be concealed
- suspect and lawyer can raise reasonable objections
- video must be shown twice
witness warned that suspect may not be featured - if multiple witness they must be separated
What caution must police give during interview?
- Mandatory Caution
Must alway caution that
right to remain silence, anything said can be used as evidence, failure to mention something later relied upon may lead to adverse inference - Special Caution
- outlining what offence is being investigated; and
- what fact suspect is being asked to comment on; and
- warning of adverse inference of silenceif they fail to provide account they later rely on in court
What are the exceptions to right to bail?
- there are substantial grounds for believing the D would:
- fail to surrender for next hearing;
- commit further offences whilst on bail;
- interfere with witnesses or otherwise obstruct justice; or
- would commit an offence on bail that would cause (or cause fear of) physical or mental injury to an associated person. - They are charged with offence that could be tried at crown court and they were on bail at time of the offence.
- Custody is for their own protection.
- There is insufficient information to make a decision on bail.
- They have failed to surrender or breached bail conditions in the same proceedings.
What does the court consider when deciding if there are ‘substantial grounds’ in bail application?
- the nature and seriousness of the offence and the probable method of dealing with it
- D’s character, previous convictions, association and community ties
- D’s record on complying with bail obligations
- The strength of evidence (stronger the evidence, the less likely bail with be granted); and
- The risk that the D might engage in conduct that would, or would be likely, to cause physical or mental injury
What does the magistrates court consider when deciding how to allocate a case?
- D’s previous convictions
- if their sentencing powers are adequate
- representations by the defence and prosecution on mode of trial and the adequacy of sentencing powers
If court accepts jurisdiction decision will be put to the defendant
When is hearsay evidence admissible under statute?
- Witness is unavailable
- dead, unfit due to physical or mental condition
- outside the uk and not reasonably practical to secure attendance
- unable to be found despite reasonably priceable steps
- does not give evidence through fear and court gives leave for other forms - business documents if:
- it was created or received in Cours of trade, business, profession etc.
- the person who supplied the info may reasonably be supposed to have had personal knowledge of the matter
- (if received by other persons) it was done in course of trade, business etc. - Statement were prepared for use on criminal proceedings and relevant person cannot be expected to recollect the matter
- there are previous consistent or inconsistent statements of a witness
- Expert evidence is adducted
- there is a confession
When is hearsay evidence admissible under Rule of Law?
- confessions or mixed statements (partly inculpatory / partly exculpatory) BY the defendant
- Statements made during the offence; AND preserved res gestate.
Meaning:
- made when a person is so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded;
- statements accompanying an act which can only be property evaluated in conjunction with the statement; and
- statement relating to a physical or mental state
When is hearsay evidence admissible in the interest of justice?
Gives court discretion to adduce evidence that might otherwise not be admissible.
Court to consider:
- value of the statement to matter in issue
- what other evidence could be given
- how important it is in relation to case as a whole
- circumstances in which the statement was made
- how reliable the maker appears
- how reliable the evidence of the making of the statement appears
- whether oral evidence of matter stated can be given
- the amount of difficulty in challenging the statement; and
- the extent of the likely prejudice caused
When is multiple hearsay admissible?
Only if:
- it is a business document;
- it is an inconsistent statement;
- it is a consistent statement;
- all Parties agree;
- the value of the evidence is so high that it is the interest of justice
What discretion does the court have to exclude evidence?
- for Unfairness
- MAY exclude any evidence offered by prosecution if:
- it appears in all circumstances to have an adverse effect on fairness of proceedings
- Often only if breaches (of PACE) are significant and substantial and render evidence unreliable
- For mistake, untruth, oppression or unreality due to things said or done
- MUST be excluded if court finds these grounds exist
What are the grounds for admitting bad character evidence?
- all parties agree
- Evidence adduced by the defendant
- given by defendant (eg in cross examination) - Important explanatory evidence
- Relevant to an important matter in issue
- Matter in issue between codefendants
- there is substantial probative value to an important matter in issue between defendant and co-defendant - Correct false impression given by defendant
- includes evidence given by defendant in court, before court under caution, evidence given by defendants witness - Defendant attacked another’s character
What is required for bad character evidence to be admissible as Important Explanatory Evidence?
If
- without it, the jury would find it difficult or impossible to property understand other evidence in case; and
its value for understanding the case as a whole is substantial
When can/must the court exclude bad character evidence?
When
If brought under below grounds:
- Important matter in issue (probative value) ground; or
- attacked another credibility ground
Then
- court MUST not admit it if defence makes application to exclude; AND
- it appears to court admitting it would have such as adverse effect on fairness of proceedings that court should not admit
Court considers
- time between thing that constitutes bad character evidence and current offence
