FLK 2 Crim- Court procedure Flashcards
Procedure for prosecution to appeal bail at magistrate court
Must give oral notice of appeal at the conculsion of proceding wheer bail was granded and before the defendant was released from custody s1(4) Bail Act 1993
they must confirm oral notice of the appeal in writing and serve written confirmation on the defendant within 2 hours of the conclusion of that first hearing in the magistrates’ court
the appeal must be heard at the Crown Court within 48 hours of the magistrates’ decision
defendant will be remanded in custody by the magistrates until the appeal is heard.
General Rules of Evidence (5) RATWH
Satements must be relevant- irrelevant is inadmissible
It must be Admissible
May be direct or circumstantial.
Witnesses of fact cannot generally give opinion evodence- expert witnesses can give opinons.
Hearsay is inadmissible unlees it falls in an exception :
Burden and Standard of Proof- Legal Burden VS Evidential Burden- what burden is on the proscution and what is on the D?
Legal: Proscution must prove D’s Guilt Beyond a reasonable Doubt.- Must be Sure
( may switch, if D raises a defenc such as insanity or duress- on the balance of Probabilities)- More likely than not
Evidence burden: On Proscution to present case, present sufficent evidence and justify a finding of guilt - show that D has a case to answer.
If Failed to do this- D may make submission of no case to answer and ask court to dismiss case.
Burden on D: not obliged to present evidence of their innocence. Req to show evidence of specific defence ( alabi self defence) if they want it considered. - P will then have to prove thats not true.
What are Turnball guidelines (3)
7 considerations
-applies if D disputes the visual ID made and any of these:
- -Witness picks out the defendant informally or;
- the witness picks them out in the ID parade or;
- -W claims to recognise the D as someone previously known to them.
Speical turnball consideration:
Length of observation
Distance to D
Lighting at time
Conditions- weather, obstructions
How much of face was seen?- whole or part of it
If the person identified was already known to the W or never seen before
How closely does the orig des match the actual appearance of the F
3 outcomes for turnball evidence
ID Good: Judge will give turnball warning and say its easy for an honest witness to be mistaken
ID bad, but supporitng evidence: Turnball warning and point to weakness in ID vidence, tell jury to look for supporitng evidence before convicting
ID bad no supporting evidence: D makes submission of no case to answer, judge will direct jury to acquit.
What is Hearsay
Statement made by a person:
Outside of Court,
With purpose to cause another to believe or act on the content of the statement and
Where the statement is relied on as evidence of the matter ( or intended that someone should rely on it as true?)
- Generally not allowed to be admitted
- some exceptions where can be admitted (4)
Exceptions to Hearsay admissibility (4)
- Parties agree to have it admitted
- common law rule to admit it (confession or mixed statement or res gestae - spontaneity)
- interest of justice court is satified s114 (2) CJA, to admit it
- Another statutory provision :
A) Witness missing ‘ unabailbale, dead, mentally ill, outside uk cant be found, afraid’
b) Buisness docs ‘ in the course of buisness, person supplying had personal knowledge of th ematter, everyone was receiving it in the course of a buisness.
C there is evidence of pervious inconsistent statement
D evidence to supplements the oral testimony
Written statement is not hearsay if signed, statement of truth and served with no objections.
Procedure to admit hearsay?
- Give notice ) as soon as practible, no more than 20 buisness days after d has pleaded not guilty in MC or 10 day after no guilty in CC\ Unless extension granted by court or parties
- Use the perscribed form: Should identify the Evidence, set out the facts, explain how it will be rpoved if disputed, explain why it is admissible under CJA, attach any documents or statements of the evidence not already served.
Definition of bad Character
Bad characher is defined s98- Evidence of or a disposition toward misconduct other than evidence connected with the offence charged.
Previous convictions or other misconduct may be admitted as evidence
Confessions where 2 accused- will their confession be used against D?
Where CO-defendant pleaded guilty, if their evidence implicated the D in the offence, it will be admissible against the D.
Can you challenge admisibility of a Confession?
S76 PACE
Can challenge by arguing: They did make it but it should not have been in evidence
- Made by oppression such as torture, inhuman or degrading treatment - but for the oppression the confession would not be made.
- Unreliability such as something was said or done which led D to giving the confession rather than D genuinely admitting guilt. eg- bribing to confess in return for bail
They did not make it and the person claiming they heard it is confused, mistaken or its fabricated eg was d tired, ill, stressed, hungry, (typically a breach of Code C)w
If challenged, CPS must prove BRD it was obtained correctly.
What is a confession definition
Statement of D, wholly or partly adverse to the perosn who made it, weather in written or oral, made to a person in authortiy. S82 PACE 1984
7 ways bad character evidence may be admitted?
CJA 101 any of the following:
all parties agree the evidence is admissible
evidence is adduced by the D himself or is given in an answer to a question ( eg show he is bad, but not bad in this way eg robbery but not kidnapping)
it is important explanatory evidence ( court would find it impossible or difficult to understand the case without the knowledge of the bad character)
it is relevant to an important matter in issue ( shows a propensity on the part of the defendant 103 (2) CJA : (eg to commit crims like this, tell untruths- should be multiple incidents, crime of the same type/ category)
it have substantial probative value in relation to an important matter- objective, would a fair minded tribunal regard previous convictions as having substantive edivential value?
it is evidence to correct a false impression given by D
D has made an attack on anothers character
Guidelines for adducing evidence in ** R v Hanson** for admitting a previous conviction undr gateway D 103 CJA
Three Key Questions for Judges or Magistrates:
Does the defendant’s history show a tendency to commit such offences?
Does this make it more likely they committed the current offence?
Is it fair to rely on the convictions?
All answers must be “yes” to admit evidence.
Offences Beyond the Same Type:
Evidence may include offences beyond the same description or category.
Impact of Fewer Convictions:
Few or single convictions are less likely to show propensity unless:
Unusual behaviour (e.g., fire-starting or child abuse) is evident.
When can a suspended sentence be imposed?
Custodial sentence of 14 days to 2 years (12 months for magistrates’ court).
Suspension period: 6 months to 2 years (Sentencing Act 2020, s 288(2)).
Custody threshold must be met, but suspension is justified by special circumstances (e.g., single parent of a disabled child).
