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Criminal Litigation > Introduction A&Q > Flashcards

Introduction A&Q Flashcards

1
Q

What is the overriding objective for the criminal procedure rules?

A

criminal cases are delt with justly.

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2
Q

What is the definition of ‘The Criminal Procedure Rules’?

A

A single statement of statutory & common law provisions governing the management & operation of criminal matters.

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3
Q

What are the factors that the court considers to achieve the overriding objective?

A

a) acquitting the innocent and convicting the guilty.

b) dealing with prosecution and defence fairly.

c) recognising D’s rights (Article 6 of European Convection of human rights)

d) respecting the interest of the witness, victims, jurors + keeping them informed of the progress of the case.

e) dealing with the case efficiently and expeditiously.

f) ensuring that appropriate info is available to court when bail and sentence are considered and

g) dealing with the case in ways that take into account:

i) gravity of the offence alleged,

ii) complexity of the issue

iii) the severity of the consequences for D & others affected.

and

iv) the needs of other cases.

  • The court considers the interest of all those involved not just D. Thus, a balancing act needs to be preformed in order to achieve the overriding objective.
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4
Q

What are the duties of those involved in the criminal process?

A

1) each participant on the conduct of the case must:

a) prepare and conduct the case in accordance with the overriding objective.

b) comply with the rules, practice direction and directions made by the court.

and

c) At once inform the court and all parties of significant failure (whether or not participant is responsible for failure) to take any procedural steps required by these rules, any practice direction or any directions of the court.

2) Anyone involved in any way with a criminal case us a participant in its conduct for the purpose of this rule.

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5
Q

What is considered a significant failure in the criminal process?

A

A failure is significant if it might hinder the court in furthering the overriding objective.

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6
Q

What is considered a participant in the criminal process?

A

2) Anyone involved in any way with a criminal case us a participant in its conduct for the purpose of this rule.

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7
Q

When must the court further the overriding objective in a criminal process?

A

a) exercising any power given to it by legislation (including the rules)

b) applying practice directions

or

c) interpreting any rules or practice direction

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8
Q

What is included in the case management (Part 3 of CrimPR) of the criminal process?

A

3.2- Sets out Court’s duty

and

3.3- Sets out parties duties to assist the court in exercising its duty under 3.2.

*which includes:
1) Presenting evidence in the shortest + clearest way.
2) Discouraging delays
3) Encouraging participants to co-operate in the progression of the case.

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9
Q

Who can issue directions for a criminal process?

A

The Crown Court
and
Magistrate Court

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10
Q

Can any party seek direction in a criminal proceeding?

A

Yes

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11
Q

When are sanctions applied in a criminal proceeding?

A

When directions are not followed/complied with.

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12
Q

What is the result of a sanction in a criminal proceeding ?

A

The court may:

1) Fix, postpone, bring forward, extend, cancel or adjourn a hearing.

2) exercise it’s power to make court order and

3) impose such other sanctions that may be appropriate

a) refuse to allow party to introduce evidence

b) evidence that the party wants to introduce may not be admissible or

c) the court may draw adverse interference from the late introduction of an issue or evidence.

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13
Q

Can a case progress in the defendants absence in a criminal proceeding?

A

Yes

Rule 3.8 CrimPR: Deals with case prep and progression. and allows for a case to progress in the Defendants absence.

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14
Q

How does the court ensures the case progresses in a trial or an appeal in a criminal proceeding?

A

With active assistance of parties, the court will manage case by establishing disputed issues, setting Timetable, considering witnesses & perhaps limiting the duration of any stage of the hearing.

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15
Q

What are 3 types of offences?

A

1) Summary only
2) Either-way offences
3) Indictable only offences

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16
Q

What type of offence is assault?

A

Summary only

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17
Q

What type of offence is battery?

A

Summary only

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18
Q

What type of offence is Robbery?

A

Indictable Only

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19
Q

What type of offence is Murder?

A

Indictable only

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20
Q

What type of offence is theft (under 200 pounds)?

A

Summary only

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21
Q

What type of offence is simple criminal damage of a value of 5,000 or less?

A

Summary only

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22
Q

What type of offence is theft?

A

Either way offence

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23
Q

What type of offence is wounding or inflicting grievous bodily harm s.20?

A

Either way offence

24
Q

What type of offence is aggravated burglary?

A

Indictable Only

25
Q

What type of offence is possible for a verdict of voluntary manslaughter is possible?

A

Indictable Only

26
Q

What type of offence is burglary?

A

Either-way offence

27
Q

What type of offence is simple criminal damage of more than 5,000 pounds?

A

Either way offence

28
Q

What type of offence for simple arson of a value of less than 5000?

A

either-way offence

29
Q

What type of offence is involuntary manslaughter by an unlawful act?

A

indictable only

30
Q

What type of offence is involuntary manslaughter by gross negligence?

A

indictable only

31
Q

What type of offence is assault occasioning actual bodily harm?

A

either-way offence

32
Q

What type of offence is attempt to simple criminal damage valued is 5,000 or less?

A

summary only

33
Q

What type of offence is simple arson?

A

either way

34
Q

What type of offence is fraud?

A

either way offence

  • includes:
  • by false representation
  • by abuse of position
  • by failing to disclose
35
Q

What type of offence is attempt to commit either-way offence?

A

either way

36
Q

What type of offence is an attempt to commit assault or battery?

A

Assault or battery cannot be the object of a criminal attempt

37
Q

What type of offence is an attempt to commit indictable offence ?

A

indictable only

38
Q

What type of offence is wounding or causing grievous bodily harm s.18?

A

indictable only

39
Q

Does the value of damage determine the classification of simple arson?

A

No, simple arson will always be an either-way offence regardless of value of the criminal damage

40
Q

Does the value of damage determine the classification of simple criminal damage?

A

Yes, value of damage determines the classification of offence. 5,000 OR less is summary only, while more than 5000 is either way.

41
Q

How is the value of damage from a simple criminal damage determined?

A

cost of replacement where the property was destroyed.

for damaged item, it is the cost of repair or replacement (which ever is less)

42
Q

What happens when the value is uncertain for an offence of simple criminal damage.

A

D is asked if they consent to be tried at summary. But if D says no, the offence is treated as either way and the higher sentencing power will apply on conviction.

43
Q

What is the maximum sentence/ fine for a simple criminal damage for summary only offences?

A
  • 3 months prison

or

– level 4 fine.

44
Q

What is the maximum sentence/ fine for a simple criminal damage for either way?

A

Magistrate Court:

  • 12 months prison

or
- level 5 fine

Crown Court:

  • 10 years prison
45
Q

Is there a requirement for the court to hear evidence on the value ?

A

No, though they can do.

46
Q

What is the criminal justice process?

A

arrest or written charge,
pleas, trail (for non-guilty plea), sentence, and appeal

47
Q

How is the conduct of police governed by?

A

Police and Criminal Act 1984 (PACE)

48
Q

What happens to an arrested person at the end of an investigation?

A

released

or

charged with the offence (approved by crown prosecution service CPS)

49
Q

When do police arrest a person?

A

when they have reasonable grounds to do so.

50
Q

What is the main body which brings prosecution in England and Wales?

A

CPS (Crown Prosecution service)

51
Q

What is a written charge?

A

It is an alternative power to compel a persons attendance before a court to enter a plea for an offence, through an appropriate prosecution body (like CPS)

52
Q

where does a plea take place in ?

A

At the first hearing or at a subsequent hearing.

53
Q

What is the difference between D pleads guilty or not guilty?

A

Not guilty = Trail

Guilty = Sentence = potential appeal for sentence.

54
Q

What is the prosecution role in a trail in a criminal proceeding?

A

Prove D committed alleged offence by adducing evidence.

55
Q

Who can call evidence in a criminal proceeding?

A

Both parties may call on evidence

56
Q

What happens if D is found not guilty?

A

D is acquitted of charge(s)

57
Q

How is the type of sentence to court and ancillary order determined?

A
  • Seniority of the court.

Criminal Litigation (20 decks)

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