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CLP > Intro > Flashcards

Intro Flashcards

1
Q

Which of the following is not a key part of the criminal justice process as discussed in this element?

(a) 
Plea

(b) 
Arrest

(c) 
The prevention of crime
(d) 
Appeal

(e) 
Trial

A

(c) 
The prevention of crime

The key elements of the criminal justice process discussed in this element were: arrest/ requisition, plea, trial, sentencing and appeals. The prevention of crime is more of a matter for criminology studies but does become a factor when sentencing someone found guilty of a crime.


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2
Q

All of the following bodies can bring prosecutions. However, which of the following is the main body which brings prosecutions in England and Wales?

(a) 
Health and safety executive

(b) 
Private individuals

(c) 
Transport for London

(d) 
Crown Prosecution Service
(e) 
Railway operators

A

(d) 
Crown Prosecution Service

Other bodies such as Transport for London, railway operators and the Health and Safety Executive prosecute their own matters. Private individuals can bring prosecutions too but the CPS has the right to intervene and take over such cases.


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3
Q

What is the main statute that governs police conduct in criminal investigations?

(a) 
Police Powers Act 1984

(b) 
Governance of Police Powers Act 1984

(c) 
Police and Criminal Evidence Act 1984

A
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4
Q

What does trial on indictment mean?

(a) 
Trial by jury in the Crown Court

(b) 
Trial by jury in a magistrates’ court

(c) 
Trial by magistrates in a magistrates’ court

A

(a) 
Trial by jury in the Crown Court


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5
Q

What are the three classifications of offences?

(a) 
Property offences, fatal offences and non-fatal offences against the person

(b) 
Summary, either-way and indictable only

(c) 
Low, medium and high


A

(b) 
Summary, either-way and indictable only


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6
Q

If the statute provides a maximum penalty on summary conviction but does not provide for a penalty on conviction on indictment, what type of offence is it?

(a) 
Indictable offence

(b) 
Either-way offence

(c) 
Summary offence

A

(c) 
Summary offence

Reading the statute is one of the ways to determine the classification of an offence.

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7
Q

If the statute provides one penalty for summary conviction and a different one for conviction on indictment, what type of offence is it?

(a) 
Indictable only

(b) Summary

(c) 
Either-way

A

(c) 
Either-way
A close reading of the statute is one way to tell whether an offence is either-way. An offence can also be either-way if listed in Schedule 1, Magistrates’ Courts Act 1980.

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8
Q

If the statute provides only for a penalty on conviction on indictment or is a common-law offence what type of offence is it?


(a) Summary

(b) 
Either-way

(c) 
Indictable-only Reading the statute and knowledge of the common-law offences helps determine the classification of offences.

A

(c) 
Indictable-only

Reading the statute and knowledge of the common-law offences helps determine the classification of offences.

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9
Q

Which judges can sit in a summary trial?

(a) 
Lay justices, District Judges or Deputy District Judges
(b) 
District Judges

(c) 
Lay justices

(d) 
Lay justices or District Judges

A

(a) 
Lay justices, District Judges or Deputy District Judges

Lay justices (also known as Justices of the Peace), District Judges (a salaried judge) or a Deputy District Judge (a solicitor or barrister with a part-time judicial post) can conduct trials in the magistrates’


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10
Q

What is the function of a jury in a Crown Court trial?

(a) Sums up the case

(b) 
Tribunal of fact
(c) 
Tribunal of law

A

(b) 
Tribunal of fact

There are certain circumstances in which the judge may also act as a tribunal of fact such as when hearing a submission of no case to answer, a voir dire or a Newton hearing which will be considered in separate elements.


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11
Q

How are the roles of tribunal of fact and tribunal of law dealt with in the magistrates’ court?

(a) 
The magistrates are the tribunal of fact and the legal advisor is the tribunal of law

(b) 
The magistrates are the tribunal of fact and tribunal of law
(c) 
The magistrates are the tribunal of law, there is no tribunal of fact

A

(b) 
The magistrates are the tribunal of fact and tribunal of law

This is arguably an unsatisfactory position when the magistrates make a ruling of law that certain evidence is inadmissible but hear the evidence in order to make that decision. In contrast, in the Crown court it would be the judge that would make a ruling of law that certain evidence is inadmissible and the jury would never hear the evidence.


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12
Q

How many Crown Courts are there in England and Wales?

(a) 
One
(b) 
More than 20

(c) 
Less than 10

(d) 
10-19

A

(a) 
One

The Crown Court is regarded as a single court that sits in different places.


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13
Q

What judges sit in magistrates court and how do you address them?

A
  1. District Judge
  2. Deputy District Judge (barrister/solicitor authorised to sit part time)
  3. 2-3 lay magistrates and legal adviser

Address them all as Sir/Madam (for lay magistrates: depends on person sitting in middle seat)

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14
Q

What are the magistrates’ court sentencing powers?

A
  1. Imprisonment: 6 months (or less if maximum penalty lower) - 12 months for two or more either way offences
  2. Fines: unlimited or less if maximum penalty lower
  3. Committal for sentence: for either way can send them to CC
  4. Costs and ancillary orders
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15
Q

What judges sit in the Crown Court and how do you address them?

A
  1. Circuit judge or
  2. HC judge or
  3. Recorder (barrister/solicitor/judge on another lower or equal level court authorised to sit on part time basis)

Address:
- Your Honour: for recorder and vast majority of circuit judges
- My Lord/Lady: HC judge - any judge sitting at Central Criminal Court - Circuit judge who has been designated as Senior Circuit Judge and Honorary Recorder of a place eg Recorder of Westminster

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16
Q

What are the sentencing powers of the CC?

A
  1. Imprisonment: life or less where statutory maximum is lower
  2. Fines: unlimited or less where statutory maximum is lower
  3. Costs and ancillary orders
  4. Committal for sentence: from magistrates for either way offence and CC can impose any sentence CC could normally pass for that offence
17
Q

What cases does each court try?

A
  1. Magistrates: summary only offences and either-way offences where magistrates accept jurisdiction and D consents
  2. CC: all indictable only offences, either way offences where magistrates have declined jurisdiction or they accepted jurisdiction and D elected trial in CC, and in certain circumstances CC can take plea and/or sentence in summary only offence where it’s joined to indictable only or either way offence
18
Q

Is leave of court required to appeal case to Supreme Court?

A

Yes - leave will be required by CA or SC and it will only be granted on a point of law of general public importance.

19
Q

The overriding objective is to deal with criminal cases in what way?

(a) 
Justly
(b) 
Expeditiously

(c) 
Fairly

A

(a) 
Justly

The overriding objective is contained in Rule 1.1(1).


20
Q

Which of the following best explains how the parities should consider deadlines imposed by the court?

(a) 
Deadlines should be adhered to and failure to do so could lead to a sanction
(b) 
Deadlines can be ignored, the point is to ambush the other party

(c) 
Deadlines are approximate, what is important is that documents are served and filed around the deadline


A

(a) 
Deadlines should be adhered to and failure to do so could lead to a sanction

See Part 3 of the CrimPR which provides for the effective case management of criminal cases


21
Q

Can a case progress in the defendant’s absence?

(a) 
Yes
(b) 
No


A

(a) 
Yes

The advocate attending the case management hearing will be asked to confirm that they have advised the defendant that his trial may go ahead in his absence if he fails to attend.


22
Q

Which of these is NOT one of the seven Principles set out in the SRA Standards and Regulations?

(a) 
To act honestly.

(b) To act in a way that encourages equality, diversity and inclusion.

(c) 
To act in the best interests of each client.

(d) 
To act in the firm’s best interests.

A

(d) 
To act in the firm’s best interests.

This is not one of the seven Principles set out by the SRA. The Principles focus on your duties to your client, the court and upholding the public’s trust and confidence in the profession.

23
Q

Which of the following correctly sets out the position regarding accepting third party instructions to represent a client at the police station?

(a) 
You can only accept instructions from the police officer in charge of the case.

(b) 
You can only accept instructions from the client or someone properly authorised to provide instructions on their behalf.
(c) 
You can only accept instructions from the client.

A

(b) 
You can only accept instructions from the client or someone properly authorised to provide instructions on their behalf.

This can include a relative or family member of the person who is being detained in police custody. You should contact the police station and ask to speak with the client to confirm that they wish to instruct you and ensure they have not asked for another solicitor or the duty solicitor to act on their behalf.


24
Q

Which of the following correctly sets out the position you should take if a conflict of interest arises between clients?

(a) 
If there is a conflict of interests between clients, or a risk of one, you must not act for all, or possibly any, of them.
(b) 
If there is a conflict of interests between clients, or a risk of one, you must obtain written authority to continue to act for both of them.

(c) 
If there is a conflict of interests between clients, or a risk of one, you must continue to act for both of them but make them aware of the conflict.


A

(a) 
If there is a conflict of interests between clients, or a risk of one, you must not act for all, or possibly any, of them.

You must not act for two clients if there is a conflict, or risk of conflict. You would not be able to act in either client’s best interests if a conflict arises. Please see the Law Society Practice Note on Conflicts of Interest.


25
Q

Which of the following correctly sets out the position regarding your duties of confidentiality and disclosure?

(a) 
The duty of disclosure sometimes overrides the duty of confidentiality.

(b) 
The duty of disclosure always overrides the duty of confidentiality.

(c) 
The duty of confidentiality sometimes overrides the duty of disclosure.

(d) 
The duty of confidentiality always overrides the duty of disclosure.

A

(d) 
The duty of confidentiality always overrides the duty of disclosure.

Confidentiality always overrides disclosure but if you are unable to disclose important information to a client because of your duty of confidentiality then you will need to cease to act for the client as you will be unable to act in that client’s best interests.

26
Q

Your client’s case is set for trial and they have told you that they are guilty of the offence. Which of the following correctly sets out your position?

(a) 
You can continue to represent the client, but you cannot advance a positive case.
(b) You can continue to represent the client and put forward a defence.

(c) 
You can continue to represent the client but only if they change their plea to guilty.

A

(a) 
You can continue to represent the client, but you cannot advance a positive case.

You owe a duty not to mislead the court. You can continue to act even if your client has told you that they are guilty of the offence but only if you or your client do not try to put forward a case in your client’s defence


27
Q

What is the classification of the offence of burglary?

(a) 
Indictable only

(b) 
Summary

(c) 
Either-way

A

(c) 
Either-way

28
Q

What is the classification of the offence of attempted aggravated criminal damage?

(a) 
Summary

(b) 
Either-way

(c) Indictable only

A

(c) Indictable only

29
Q

What is the classification of the offence of inflicting grievous bodily harm or wounding contrary to section 20 Offences Against the Person Act 1861?

(a) 
Indictable only

(b) 
Either-way

(c) 
Summary

A

(b) 
Either-way


30
Q

What is the classification of the offence of simple criminal damage which is £5,000 or less?

(a) 
Indictable only

(b) 
Either-way

(c) 
Summary

A

(c) 
Summary

31
Q

What is the classification of the offence of robbery?

(a) 
Summary

(b) 
Either-way

(c) 
Indictable only

A

(c) 
Indictable only

32
Q

What is the classification of the offences of assault and battery?

(a) 
Either-way

(b) 
Indictable only

(c) 
Summary

A

(c) 
Summary

33
Q

What is the classification of the offence of theft?

(a) 
Indictable only

(b) 
Summary

(c) 
Either-way

A

(c) 
Either-way

CLP (6 decks)

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