Introduction Flashcards
How does the criminal justic process start?
Arrest or
Written charge and requisition
When may the police arrest a person?
Reasonable grounds
What is the conduct of the police during investigation governed by?
PACE
What happens at the conclusion of a police investigation?
Charge with offence (approved by CPS) or
Release
What is a written charge and requisition?
prosecuting body can compel attendance in court to enter plea for an offence
Who brings the majority of proseuctions?
CPS
Can private individuals bring prosecutions?
Yes (but can be intervened by CPS)
What are the three classifications of offences?
Summary only
Either way
Indictable only
What classification are all common law offences?
Indictable only
What is the court hierarchy?
Magistrates
Crown
High
Court of Appeal
Supreme Court
Who are the judges in the magistrates court?
District, Deputy District or two/three lay magistrates
What is the mode of address in the Magistrates court?
Sir/Madam
What are the sentencing powers in the magistrates court?
6 months
12 months (2 or more either way)
Unlimited fines
Committal (either way)
Costs/ancillary orders
Who are the judges in the crown court?
Circuit, High Court or Recorder
What is the mode of address in the crown court?
Your honour, My lord/lady (High Court judge)
Who are the judges in the court of appeal?
COA, HC, CC if authorised
What is the mode of address in the court of appeal?
My lord/lady
Is there a jury in the court of appeal?
No
Does the court of appeal pass sentence?
no it has power to alter sentence
What is the overriding objective?
Criminal cases dealt with justly
What is one of the key duties of participants under the overriding objective?
Inform court/parties of significant failure to take procedural steps
What should happen if a third party instructs you to act for a client at the police station?
Detainee told you are at station at anothers request and asked to sign custody record to signify if they want to see you
Can you act if there is a conflict of interest?
No
How do the duties of confidentiality and disclosure operate together?
Confidentiality overrides disclosure
What should you do if you hold confidential information for one client which becomes material to another client’s case?
Ask for consent to disclose and if no consent, cease acting for other client
What is the duty to the court
Duty not to mislead the court
Can you act for a defendant who has admitted guilt but pleads not guilty?
Yes as long as they dont maintain their innocence
Which offences are summary only?
Assault
Battery
Simple Crim Damage (value £5000/less)
Attempted simple CD
Which offences are either way?
Theft
Burglary
Fraud
ABH
S20 GBH (no intent)
Simple CD (over £5000)
Simple arson
Attempts to commit EW
Which offences are indictable only?
Robbery
S18 GBH (with intent)
Aggravated burglary
Aggravated arson
Aggravated CD
Murder
Involuntary manslaughter
Attempts to commit Indictable
Can the value of criminal damage be aggregated for a series of offences?
Yes
What is the value of criminal damage based on?
Cost of replacement
Cost of repair or replacement if damaged (whichever is less)
What happens if the value of criminal damage is uncertain?
Ask defendant whether consents to summary trial
How is Low value shoplifting (up to £200) classified?
summary only BUT can still elect crown court trial
