Criminal Proceedings

Question 1

What are the two methods to instituting proceedings before a criminal court?

Answer 1

Written charge and requisition
Charging at a police station

Question 2

Who makes the decision to prosecute?

Answer 2

CPS

Question 3

How is the decision to prosecute made?

Answer 3

Following the Code for Crown Prosecutors, there is an evidential test and a public interest test.

Question 4

What is the evidential test in the decision to prosecute?

Answer 4

Is there a realistic prospect of conviction?

Question 5

What is the overriding objective of the Criminal Procedure Rules?

Answer 5

Criminal cases are dealt with justly

Question 6

What is evidence?

Answer 6

Material which tends to prove or disprove any fact or proposition

Question 7

What is a witness order?

Answer 7

The direction as to whether or not a prosecution witness is required to give live evidence.

Question 8

When is a witness order absolute?

Answer 8

If the witness is required to give live evidence.

Question 9

When is a witness order conditional?

Answer 9

If the substance of the witness order is agreed and they are not required to attend as a witness.

Question 10

Does the defence have to serve on the prosecution the statement of a non-expert witness?

Answer 10

No

Question 11

What is Real Evidence?

Answer 11

Any material from which the court may draw conclusions or inferences.

Question 12

What is direct evidence?

Answer 12

E.g. eye witness testimony

Question 13

What is circumstantial evidence?

Answer 13

Evidence which invites the jury to deduce an answer e.g. fingerprints

Question 14

R v Exall (1866)

Answer 14

Pollock CB said circumstantial evidence is like a rope of cords, not a chain of links

Question 15

What is collateral evidence?

Answer 15

Could be about credibility of a witness or of preliminary facts

Question 16

When is evidence relevant?

Answer 16

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.

Question 17

DPP v Kilbourne (1973)

Answer 17

A piece of evidence is relevant if it is logically probative or disprobative of a matter requiring proof

Question 18

Why is evidence relating to the bad character of the accused excluded?

Answer 18

Criminal Justice Act 2003

Unfair to admit such evidence, even if relevant.

Question 19

Section 25 Criminal Justice and Public Order Act (1994)

Answer 19

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.

Question 20

When may adverse inferences be drawn from silence?

Answer 20

1. The defendant was offered access to legal advice
2. Whilst being interviewed under caution, there was a failure to mention a fact now relied upon
3. The court concludes that the defendant ‘could reasonably be expected’ to mention the fact upon which they now rely

Question 21

R v Argent (1997)

Answer 21

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

Question 22

what is an equivocal plea?

Answer 22

where the defendant’s response to the charge is ambiguous

Question 23

What happens when the court is uncertain on a Defendant’s plea?

Answer 23

A not guilty plea will be submitted on their behalf.

Question 24

How is an either-way offence allocated to a court?

Answer 24

Allocation guidelines issued by the sentencing council

Question 25

When are either-way offences tried at crown court?

Answer 25

• 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)

Question 26

What are the possible outcomes of an allocation hearing?

Answer 26

1. The magistrates court accepta jurisdictions
2. The magistrates court declines jurisdictions

Question 27

What are the merits of a defendant accused of an either way offence choosing crown court?

Answer 27

-Higher acquittal rate (though inconclusive)
-Disputed evidence (Crown Court judge better equipped to deal with)
- Delay

Question 28

What are the merits of a defendant accused of an either way offence choosing magistrates court?

Answer 28

• Powers of Sentence
• Delay
• Publicity
• Stress
• Costs
• Can appeal to crown court

Question 29

How is theft classified?

Answer 29

Either Way offence

Question 30

How is robbery classified?

Answer 30

Indictable only

Question 31

How is burglary classified?

Answer 31

Either way

Question 32

How is fraud classified?

Answer 32

Either way offence

Question 33

How is common assault classified?

Answer 33

Summary only offence

Question 34

How is s18 GBH classified?

Answer 34

Indictable only

Question 35

How is s20 GBH classified?

Answer 35

Either way offence

Question 36

How is sexual assault classified?

Answer 36

Either-way offencce

Question 37

How is simple criminal damage classified?

Answer 37

Either-Way

Question 38

When is criminal damage summary only?

Answer 38

Damage is less than £5,000

Question 39

When is criminal damage indictable only?

Answer 39

Where the damage is caused by fire or racially aggravated, even if value is less than £5,000

Question 40

How is possession with intent to supply classified?

Answer 40

Class A and B either way