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Criminal Practice > Introduction > Flashcards

Introduction Flashcards

1
Q

How does the criminal justic process start?

A

Arrest or
Written charge and requisition

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2
Q

When may the police arrest a person?

A

Reasonable grounds

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3
Q

What is the conduct of the police during investigation governed by?

A

PACE

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4
Q

What happens at the conclusion of a police investigation?

A

Charge with offence (approved by CPS) or
Release

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5
Q

What is a written charge and requisition?

A

prosecuting body can compel attendance in court to enter plea for an offence

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6
Q

Who brings the majority of proseuctions?

A

CPS

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7
Q

Can private individuals bring prosecutions?

A

Yes (but can be intervened by CPS)

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8
Q

What are the three classifications of offences?

A

Summary only
Either way
Indictable only

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9
Q

What classification are all common law offences?

A

Indictable only

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10
Q

What is the court hierarchy?

A

Magistrates
Crown
High
Court of Appeal
Supreme Court

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11
Q

Who are the judges in the magistrates court?

A

District, Deputy District or two/three lay magistrates

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12
Q

What is the mode of address in the Magistrates court?

A

Sir/Madam

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13
Q

What are the sentencing powers in the magistrates court?

A

6 months
12 months (2 or more either way)
Unlimited fines
Committal (either way)
Costs/ancillary orders

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14
Q

Who are the judges in the crown court?

A

Circuit, High Court or Recorder

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15
Q

What is the mode of address in the crown court?

A

Your honour, My lord/lady (High Court judge)

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16
Q

Who are the judges in the court of appeal?

A

COA, HC, CC if authorised

17
Q

What is the mode of address in the court of appeal?

A

My lord/lady

18
Q

Is there a jury in the court of appeal?

A

No

19
Q

Does the court of appeal pass sentence?

A

no it has power to alter sentence

20
Q

What is the overriding objective?

A

Criminal cases dealt with justly

21
Q

What is one of the key duties of participants under the overriding objective?

A

Inform court/parties of significant failure to take procedural steps

22
Q

What should happen if a third party instructs you to act for a client at the police station?

A

Detainee told you are at station at anothers request and asked to sign custody record to signify if they want to see you

23
Q

Can you act if there is a conflict of interest?

A

No

24
Q

How do the duties of confidentiality and disclosure operate together?

A

Confidentiality overrides disclosure

25
Q

What should you do if you hold confidential information for one client which becomes material to another client’s case?

A

Ask for consent to disclose and if no consent, cease acting for other client

26
Q

What is the duty to the court

A

Duty not to mislead the court

27
Q

Can you act for a defendant who has admitted guilt but pleads not guilty?

A

Yes as long as they dont maintain their innocence

28
Q

Which offences are summary only?

A

Assault
Battery
Simple Crim Damage (value £5000/less)
Attempted simple CD

29
Q

Which offences are either way?

A

Theft
Burglary
Fraud
ABH
S20 GBH (no intent)
Simple CD (over £5000)
Simple arson
Attempts to commit EW

30
Q

Which offences are indictable only?

A

Robbery
S18 GBH (with intent)
Aggravated burglary
Aggravated arson
Aggravated CD
Murder
Involuntary manslaughter
Attempts to commit Indictable

31
Q

Can the value of criminal damage be aggregated for a series of offences?

A

Yes

32
Q

What is the value of criminal damage based on?

A

Cost of replacement
Cost of repair or replacement if damaged (whichever is less)

33
Q

What happens if the value of criminal damage is uncertain?

A

Ask defendant whether consents to summary trial

34
Q

How is Low value shoplifting (up to £200) classified?

A

summary only BUT can still elect crown court trial

Criminal Practice (20 decks)

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