Introduction

Question 1

How does the criminal justic process start?

Answer 1

Arrest or
Written charge and requisition

Question 2

When may the police arrest a person?

Answer 2

Reasonable grounds

Question 3

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

Answer 3

PACE

Question 4

What happens at the conclusion of a police investigation?

Answer 4

Charge with offence (approved by CPS) or
Release

Question 5

What is a written charge and requisition?

Answer 5

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

Question 6

Who brings the majority of proseuctions?

Answer 6

CPS

Question 7

Can private individuals bring prosecutions?

Answer 7

Yes (but can be intervened by CPS)

Question 8

What are the three classifications of offences?

Answer 8

Summary only
Either way
Indictable only

Question 9

What classification are all common law offences?

Answer 9

Indictable only

Question 10

What is the court hierarchy?

Answer 10

Magistrates
Crown
High
Court of Appeal
Supreme Court

Question 11

Who are the judges in the magistrates court?

Answer 11

District, Deputy District or two/three lay magistrates

Question 12

What is the mode of address in the Magistrates court?

Answer 12

Sir/Madam

Question 13

What are the sentencing powers in the magistrates court?

Answer 13

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

Question 14

Who are the judges in the crown court?

Answer 14

Circuit, High Court or Recorder

Question 15

What is the mode of address in the crown court?

Answer 15

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

Question 16

Who are the judges in the court of appeal?

Answer 16

COA, HC, CC if authorised

Question 17

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

Answer 17

My lord/lady

Question 18

Is there a jury in the court of appeal?

Answer 18

No

Question 19

Does the court of appeal pass sentence?

Answer 19

no it has power to alter sentence

Question 20

What is the overriding objective?

Answer 20

Criminal cases dealt with justly

Question 21

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

Answer 21

Inform court/parties of significant failure to take procedural steps

Question 22

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

Answer 22

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

Question 23

Can you act if there is a conflict of interest?

Answer 23

No

Question 24

How do the duties of confidentiality and disclosure operate together?

Answer 24

Confidentiality overrides disclosure

Question 25

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

Answer 25

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

Question 26

What is the duty to the court

Answer 26

Duty not to mislead the court

Question 27

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

Answer 27

Yes as long as they dont maintain their innocence

Question 28

Which offences are summary only?

Answer 28

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

Question 29

Which offences are either way?

Answer 29

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

Question 30

Which offences are indictable only?

Answer 30

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

Question 31

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

Answer 31

Yes

Question 32

What is the value of criminal damage based on?

Answer 32

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

Question 33

What happens if the value of criminal damage is uncertain?

Answer 33

Ask defendant whether consents to summary trial

Question 34

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

Answer 34

summary only BUT can still elect crown court trial