Criminal Procedure

Question 1

What are the 5 stages of criminal procedure?

Answer 1

Investigation phase - is there a crime
Charging and pre-trial
Trial
Sentence
Appeal

Question 2

PACE

Police and Criminal Evidence Act 1984

Answer 2

Provisions about arrests, evidence (such as fingerprints, DNA and other intimate samples) and detention in police station

Question 3

RIPA

Regulation of Investigatory Procedures Act 2000

Answer 3

Dealing with electronic surveillance

Question 4

PACE Code A

Answer 4

Stop and search

Question 5

PACE Code B

Answer 5

Searching buildings

Question 6

PACE Code C

Answer 6

Detention treatment and questioning of suspects

safeguard measurements - making sure the person arrested is fed, watered and has slept

Question 7

PACE Code D

Answer 7

Identification evidence

Question 8

PACE Code E

Answer 8

Audio recording of questioning

the written interview could be easily questioned by the defence

Question 9

PACE Code F

Answer 9

Visual recording of questioning

avoids coercion and intimidatory action against the arreste

Question 10

PACE Code G

Answer 10

Arrest powers

Question 11

PACE Code H

Answer 11

Terrosim

Question 12

S 78 PACE

Answer 12

Exclusion of unfair evidence
(breaches/failure to comply to the codes in the way the evidence was obtained would have an adverse effect on the fairness of the proceedings)

Question 13

CPS

Answer 13

Crown Prosecution Service

- decides whether to prosecute particular offences

Question 14

Overriding objective

Answer 14

The overriding objective of this procedural code is that criminal cases be dealt with justly

Question 15

Overriding objective characteristics

Answer 15

a) acquiring the innocent and convicting the guilty
b) dealing with the prosecution and the defence fairly
c) recognising the rights of the defendant
d) respecting the interests of witnesses, victims and jurors
e) deal with the case efficiently
f) ensuring that appropriate information is available to the court when bail and sentence are considered

Question 16

Burden and standard of proof

Answer 16

is the degree to which a party must prove its case in order to succeed.
For example, in criminal cases the ‘burden’ of proof is on the prosecution and the ‘standard’ required of them is they prove the case against the defendant beyond reasonable doubt

Question 17

Continuity evidence

Answer 17

Maintaining integrity of real evidence relied upon in court. This is done by zero contamination and being kept safe and correctly labelled
This is what defence lawyers use to test reasonable doubt

Question 18

Prosecution evidence

Answer 18

The prosecution team are out of bounds to speak on the defendants past convictions to support the current case. This influences bias. However, the judge has discretion to allow it if its relevant to the current case

Question 19

Criminal Cases Review Commission

Answer 19

It is set up to review cases for possible miscarriages of justice and if present, they can refer cases to the Court of Appeal