IVOLUNTARY MANSLAUGHTER Flashcards
How many witnesses does the valid will require?
Valid will requires two or more witnesses
criminal damage - what type of offence?
summary only if value below 5000, if exceeds 5000 - indictable
low-value shoplifting - to what value?
200 pounds
low value shoplifting - what type of offence?
summary only
Who deals with summary offences?
Summary offences are the least serious form of criminal offence and as a general rule may
only be dealt with by the magistrates’ court
Which court do the criminal proceedings start at?
All defendants, no matter the charge, who are aged 18 or over, will make their first court
appearance before the magistrates’ court.
3 types of offences
summary-only, triable either-way, triable, indictable
What are indictable offences?
Offences triable only on indictment are the most serious form of criminal offence and must be dealt with by the Crown
Court
what are either-way offences?
Either- way offences can be dealt with either by the magistrates’ court or by the Crown Court.
What is LAA?
Legal Aid Agency
Can all solicitors obtain public funding for the defendant?
In order to obtain public funding for their clients, a firm of solicitors must have a contract with
the LAA to represent defendants in criminal proceedings.
What is general criminal contract?
solicitors contract with LAA for the free legal aid for their clients in criminal proceedings
Who has access to free legal aid at the police station?
All
persons attending at the police station (whether under arrest or attending voluntarily) are
entitled to free legal advice, regardless of their means
What two tests have to be satisfied in order to receive free criminal legal aid?
(a) the
interests of justice test – the defendant must show that it is in the interests of justice
that they receive public funding to cover the cost of their legal representation; and
(b) the
means test – the defendant must demonstrate that their finances are such that they
are unable to pay for the cost of their legal representation.
how to apply for criminal legal aid?
complete an online application form - CRM 14 and
the defendant automatically satisfies the means test, they must also submit a
financial statement (Form CRM15), together with any supporting evidence
