Criminal Proceedings Flashcards
What are the two methods to instituting proceedings before a criminal court?
Written charge and requisition
Charging at a police station
Who makes the decision to prosecute?
CPS
How is the decision to prosecute made?
Following the Code for Crown Prosecutors, there is an evidential test and a public interest test.
What is the evidential test in the decision to prosecute?
Is there a realistic prospect of conviction?
What is the overriding objective of the Criminal Procedure Rules?
Criminal cases are dealt with justly
What is evidence?
Material which tends to prove or disprove any fact or proposition
What is a witness order?
The direction as to whether or not a prosecution witness is required to give live evidence.
When is a witness order absolute?
If the witness is required to give live evidence.
When is a witness order conditional?
If the substance of the witness order is agreed and they are not required to attend as a witness.
Does the defence have to serve on the prosecution the statement of a non-expert witness?
No
What is Real Evidence?
Any material from which the court may draw conclusions or inferences.
What is direct evidence?
E.g. eye witness testimony
What is circumstantial evidence?
Evidence which invites the jury to deduce an answer e.g. fingerprints
R v Exall (1866)
Pollock CB said circumstantial evidence is like a rope of cords, not a chain of links
What is collateral evidence?
Could be about credibility of a witness or of preliminary facts
When is evidence relevant?
If it is logically probative or disprobative of a matter requiring proof. It must make some (more than marginal) contribution to proof of that matter.
DPP v Kilbourne (1973)
A piece of evidence is relevant if it is logically probative or disprobative of a matter requiring proof
Why is evidence relating to the bad character of the accused excluded?
Criminal Justice Act 2003
Unfair to admit such evidence, even if relevant.
Section 25 Criminal Justice and Public Order Act (1994)
If the accused is charged with murder, attempted murder, manslaughter, rape or attempted rape and has previously committed any of these offences they shall only be granted bail if the court is satisfied that there are exceptional circumstances which justify it.
When may adverse inferences be drawn from silence?
- The defendant was offered access to legal advice
- Whilst being interviewed under caution, there was a failure to mention a fact now relied upon
- The court concludes that the defendant ‘could reasonably be expected’ to mention the fact upon which they now rely
R v Argent (1997)
CoA identified factors to decide reasonableness test for remaining silent:
- time of day
- age and state of mind
- experience of police
- whether the police had made sufficient disclosure of evidence held against defendant
what is an equivocal plea?
where the defendant’s response to the charge is ambiguous
What happens when the court is uncertain on a Defendant’s plea?
A not guilty plea will be submitted on their behalf.
How is an either-way offence allocated to a court?
Allocation guidelines issued by the sentencing council
When are either-way offences tried at crown court?
- The outcome would clearly be a sentence more that magistrates could give (accounting for personal mitigation and reduction)
- The case is unusually complex in the law, procedure or facts
(allocation guidelines)
What are the possible outcomes of an allocation hearing?
- The magistrates court accepta jurisdictions
- The magistrates court declines jurisdictions
What are the merits of a defendant accused of an either way offence choosing crown court?
-Higher acquittal rate (though inconclusive)
-Disputed evidence (Crown Court judge better equipped to deal with)
- Delay
What are the merits of a defendant accused of an either way offence choosing magistrates court?
- Powers of Sentence
- Delay
- Publicity
- Stress
- Costs
- Can appeal to crown court
How is theft classified?
Either Way offence
How is robbery classified?
Indictable only
How is burglary classified?
Either way
How is fraud classified?
Either way offence
How is common assault classified?
Summary only offence
How is s18 GBH classified?
Indictable only
How is s20 GBH classified?
Either way offence
How is sexual assault classified?
Either-way offencce
How is simple criminal damage classified?
Either-Way
When is criminal damage summary only?
Damage is less than £5,000
When is criminal damage indictable only?
Where the damage is caused by fire or racially aggravated, even if value is less than £5,000
How is possession with intent to supply classified?
Class A and B either way
