Criminal Practice Revision

Question 1

An identification procedure must be held when: (1) a witness has identified or purported to identify a suspect; (2) a witness expresses an ability to identify a suspect; or (3) there is a reasonable chance of a witness being able to identify a suspect.

Question 2

When a suspect is not yet identified, the police may take the witness to the scene of the offence to see if the suspect can be identified locally. When this procedure is followed and a suspect is identified and arrested at the scene, a formal identification procedure must then be carried out.

Question 3

When an indictable only matter is sent to the Crown Court, a preliminary hearing will take place within 14 days of being sent if: (1) the trial is likely to last more than 4 weeks, (2) there are case management problems to address, (3) an early trial date is needed, (4) one of the defendants is under 18, or (5) there is likely to be an early guilty plea.

Question 4

ABH and criminal damage are both either way offences

Question 5

Battery and assault is a summary only offence

Question 6

A failure of a solicitor to act properly during a police interview may result in the legal representative being expelled from the interview, but it is unlikely to result in the exclusion of the interview from evidence of trial.

Question 7

In the magistrates court there are less stringent disclosure requirements on the defence (there is no obligation to serve a defence case statement)

Question 8

For the prosecution, the defendant’s spouse or civil partner is competent but not compellable unless the offence involves assault, injury, or threat of injury to them or a child under 16; a sexual offence on a child under 16; or attempting, conspiring, aiding, or abetting those offences. For the defendant, their spouse or civil partner is competent and compellable (unless they are jointly charged).

Question 9

Crown court can suspend a 2 year sentence

Question 10

Magistrates can suspend a 6 month sentence

Question 11

A community order can be imposed only if the court considers a community order to be the most suitable sentence for the offender

Question 12

Evidence may be excluded if, considering all the circumstances, the admission of the evidence would have an adverse effect on the fairness of proceedings

Question 13

When a judge concludes the identification is weak and there is no supporting evidence, they should withdraw the case from the jury and direct acquittal.

Question 14

It is not generally permissible to ask leading questions during examination-in-chief. However, on background matters (like the defendant’s address) and agreed issues, it is permissible to ask leading questions.

Question 15

Detentiom and training order is the custodial sentence available to the Youth Court. It is not available for defendants aged 10 and 11. For defendants aged 12 to 14, it is available only for persistent offenders. A persistent young offender is a defendant who has been sentenced on 3 occasions for an offence punishable by imprisonment.

Question 16

An appeal against conviction or sentence can be made to the Supreme Court if a certified question of public importance is involved

Question 17

May a suspect be held for longer than 36 hours without being charged?

Answer 17

Yes, the suspect may be held for no longer than an additional 36 hours if a warrant for further detention is obtained from the Magistrates’ Court and an additional 24 hours if a second application is made and granted

Question 18

How many times must a witness be shown each image in a video identification procedure?

Answer 18

At least twice

Question 19

The suspect’s legal representative has a right to view the suspect’s custody record

Question 20

At the police station, who decides whether a suspect should be remanded to custody whilst waiting to appear in court?

Answer 20

The custody officer

Question 21

A defendant charged with murder may be granted bail only if it is shown that there is no significant risk that the defendant will commit an offence likely to cause injury to another whilst out on bail.

Question 22

Breach of bail is not an offence, although breach may result in withdrawal of bail or imposition of more stringent conditions

Question 23

Failure to surrender to bail is an offence, and the court may withdraw bail or impose more stringent conditions as a result of the breach

Question 24

Under the Magistrates’ Court standard directions for trial of a summary trial case, after receiving the prosecution’s evidence, when must the parties serve certificates of readiness for trial?

Answer 24

Not less than 10 business days before trial

Question 25

Under the Magistrates’ Court standard directions for trial of a summary trial case, after receiving the prosecution’s evidence and any notice of intent to adduce bad character evidence, how long does the defence have to notify the prosecution which witnesses are required to attend trial?

Answer 25

7 days

Question 26

Is the Crown Court bound by a Goodyear indication?

Answer 26

Yes but only if the defendant pleads guilty

Question 27

In a Crown Court criminal trial, when must the defence serve its defence case statement?

Answer 27

Within 28 days after the prosecution has made disclosure

Question 28

In summing up at the end of a jury trial in which the case depends substantially on identification by a witness, the judge has a duty to point out particular weaknesses in the identification evidence

Question 29

Statements made outside of court: (1) contemporaneously to the offence, (2) when a person is emotionally overpowered by an event, or (3) relating to physical or mental state are admissible in a criminal trial even though they are hearsay.

Question 30

Confessions made out of court are admissible even if they include exculpatory assertions

Question 31

If a defendant challenges the admissibility of a confession by asserting the confession is untrue and was made due to oppression or things said or done by the police that render the confession unreliable, who has the burden of proof and what standard applies?

Answer 31

1. The defendant has the burden of showing a causal link between the oppression or things said and done by a balance of probabilities
2. The prosecution has the burden of proving beyond reasonable doubt that neither mistake nor oppression rendered the confession unreliable

Question 32

The judge determines admissibility of confessions at a voir dire hearing in the absence of the jury

Question 33

Is a court required to exclude evidence of a confession if it is shown to be based on mistake, untruth, oppression, or unreliability due to things said or done?

Answer 33

Yes, exclusion is mandatory if any of these reasons is present

Question 34

If the prosecution wishes to adduce evidence of bad character, they must provide notice within 20 day of entry of a not guilty plea in Magistrates’ Court or 10 days of entry of a not guilty plea in the Crown Court.

Question 35

Generally, a defendant’s spouse may choose to give evidence for the prosecution but may not be compelled to do so, but can be compelled by the defence.

Question 36

What is the totality principle in relation to sentencing an offender?

Answer 36

The sentence imposed must not be disproportionate to the overall seriousness of the offending behavior

Question 37

What are the shortest and longest periods of imprisonment that can be suspended?

Answer 37

Shortest: 14 days; Longest: two years

Question 38

How long does a defendant have to lodge an appeal from the Magistrates’ Court to the Crown Court?

Answer 38

21 days from the conviction or sentence

Question 39

May the Crown Court decline a timely appeal from the Magistrates’ Court?

Answer 39

No

Question 40

If a defendant seeks leave to appeal from the Court of Appeal, how long does a defendant have to lodge the appeal?

Answer 40

28 days from the conviction or sentence

Question 41

On what grounds can a defendant appeal a conviction from the Crown Court?

Answer 41

Only on the grounds that the conviction was unsafe

Question 42

A conviction may be deemed unsafe if evidence was wrongly admitted or excluded, the trial judge demonstrated bias, discretion was wrongly exercised, or there were problems in summing up or with the jury.

Question 43

What are the upper and lower age limits for youths to appear in Youth Court?

Answer 43

10 - 17

Question 44

What is a grave crime?

Answer 44

An offence punishable by imprisonment for 14 years or more in adult court

Question 45

If a youth appears in Youth Court and is charged with a grave crime, can the Youth Court retain jurisdiction?

Answer 45

Yes, if it determines it has adequate sentencing power

Question 46

For how long may a youth rehabilitation order be in place?

Answer 46

No more than 3 years

Question 47

Can a youth rehabilitation order include a requirement of unpaid work?

Answer 47

Yes for up to 240 hours within 1 year

Question 48

What is a detention and training order with respect to Youth Court sentencing?

Answer 48

An order requiring a youth to spend the first half of their sentence in custody and the second half reporting to the Youth Offending Team

Question 49

Identification procedures are not simply held to identify the suspect; they can also be held to test or bolster the witness’s identification

Question 50

Whilst a witness may be mistaken, conducting an identification procedure will not redress this and therefore there is no merit in carrying out the identification procedure for this reason

Question 51

There is no merit in carrying out an identification procedure if the suspect is known to the witness

Question 52

The Court of Appeal can quash any sentence imposed by the Crown Court and impose any sentence it deems appropriate. However, the Court of Appeal cannot exceed the sentence imposed by the Crown Court on an appeal against sentence by the defendant.

Question 53

If a conflict arises between two co-defendants (e.g. one alleges the other was the main perpetrator) and a solicitor represents both the solicitor can no longer represent both as the solicitor will have taken instructions from both defendants and so to continue to act for either defendant would lead to a breach of client confidentiality

Question 54

A detention and training order is the custodial sentence available to the Youth Court. They are not available for defendants aged 10 and 11

Question 55

For defendants aged 12 to 14, a detention and training order are only available for persistent young offenders. A persistent young offender is a defendant who has been sentenced on 3 occasions for an offence punishable by imprisonment.

Question 56

Deadlines for appeals

Answer 56

From magistrates: 21 days
From crown: 28 days

Question 57

The court may exclude evidence if it would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. The court’s discretionary power to exclude evidence is often used when police officers have breached their duties under PACE in obtaining evidence

Question 58

Theft is generally an either way offence

Question 59

An offence having been committed in a group is an aggravating factor that MAY be taken into account.

Question 60

The defendant is not compellable for either the prosecution or the defence

Question 61

To avoid an adverse inference, the defendant must serve a defence case statement on both the prosecution and the court within 28 days of the prosecution making disclosure. This statement must set out the nature of the defence, including what facts of the prosecution case are disputed, what alternative facts the defence alleges, what points of law the defence wishes to raise, and details of any alibi witness. If the defence fail to serve an adequate defence case statement on time that reflects the defence put forward at trial, an adverse inference may be drawn. The defence case statement is deemed to be approved by the defendant.

Question 62

If a solicitor agrees to act for two defendants but a conflict of interest arises when taking instructions from the first defendant, if they have not yet taken any instructions from their co-defendant they do not need to withdraw entirely

Question 63

Bail can be refused if there are SUBSTANTIAL grounds to believe that the defendant would fail to surrender, commit further offences, or interfere with witnesses or otherwise obstruct justice.

Question 64

A suspect charged with a summary only offence, can only be detained for 24 hours only and no extensions are allowed

Question 65

One of the seven gateways to bad character being admitted in evidence is when the defendant attacks the character of another

Question 66

A Turnbull direction (warning jurors that mistaken witnesses can be convincing and that they must use caution before convicting in reliance on identification evidence) is appropriate if there is some corroborating evidence or if the identification evidence is stronger

Question 67

A court has discretion to exclude evidence offered by the prosecution if it appears to the court, considering all the circumstances, that admission of the evidence would have an adverse effect on the fairness of the proceeding.

Question 68

A co-defendant is neither competent nor compellable for the prosecution and is competent for the defendant but not compellable. This means that the co-defendant cannot give evidence for the prosecution but can give evidence for the defence but cannot be forced to. However, if a co-defendant pleads guilty or the case is dropped, the co-defendant becomes an ordinary witness. Ordinary witnesses are competent and compellable for both parties. This means either side can force him to give evidence.

Question 69

Criminal damage is an either way offence

Question 70

Battery is a summary only offence

Question 71

Low value theft (up to a value of £200) adopts a hybrid procedure. The offence is treated as summary only in that the Magistrates’ Court cannot decline jurisdiction to deal with the offence. However, it is treated as an either way offence in that the defendant can elect Crown Court trial.

Question 72

An adverse inference can be drawn for a failure to answer questions in interview, a failure to comment upon charge, or a failure to give evidence at trial.

Question 73

Referral orders are not available when a youth defendant has pleaded not guilty to all charges and is convicted after trial.

Question 74

If a youth defendant pleads guilty to an imprisonable offence and it is their first offence, the court must impose a referral order.

Question 75

Section 20 GBH is an either way offence

Question 76

Access to legal advice can be delayed for 36 hours. Delay in accessing legal advice is permitted only when: (1) the suspect is arrested on an indictable only or either way offence, (2) a police officer of the rank of superintendent or above has authorised the delay in writing, and (3) the officer has reasonable grounds to believe that exercise of the right will lead to interference with evidence, interference with others, alerting other suspects, or hindering the recovery of property related to the offence.

Question 77

Bail can be refused if there are substantial grounds to believe that the defendant would:
1. Fail to surrender
2. Commit further offences
3. Interfere with witnesses
4. Otherwise obstruct justice
5. The defendant is charged with an offence that can be tried in the Crown Court (such as burglary, arson, or GBH), and they were on bail at the time of the offence.

Question 78

One of the seven gateways to bad character being admitted in evidence is when the defendant attacks the character of another

Question 79

It is for the defence to raise self-defence. However, once the defendant has raised the defence, it is for the prosecution to disprove the defence

Question 80

The Magistrates’ Court sentencing powers are limited to 6 months for summary only offences, even if there is more than one. In principle, the court could opt to impose consecutive, rather than concurrent, sentences. However, when the offences arise out of the same incident, sentences will be concurrent.

For example, two charges of battery arising from the same incident, the maximum sentence = 6 months

Question 81

The magistrates court can impose a sentence of 12 months for 2 or more either way offences.

Question 82

When evidence is sought to be adduced under the gateways of ‘an important matter in issue between the prosecution and defence’ or ‘the defendant attacked another’s character’ the court must not admit the evidence if: (1) the defence make an application to exclude it, and (2) it appears to the court that the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court must not admit it.

Question 83

If a defendant breaches their bail conditions, they can be arrested without warrant. Their bail can be withdrawn or more stringent conditions imposed by the court. It does not constitute a criminal offence, but it does result in bail being reconsidered.

Question 84

If a defendant fails to surrender to bail, they commit a separate offence and also risk their bail being revoked.

Question 85

Oppression or inducement can render a confession unreliable IF there is a causal link between the oppression or inducement to the confession