Law and procedure

Question 1

Lawful arrest (without warrant)

Answer 1

requires the arresting officer to

1. have formed an (objective) reasonable suspicion of guilt
2. have a genuine (subjective) belief of probable guilt
3. to believe that arrest is neccesary

Question 2

necessity criteria for arrest without warrant

(PACE Code G para 2.4 to 2.9)

Answer 2

need to prevent person causing

1. injury to himself or others
2. damage to property
3. protection of children

Question 3

Adverserial trial process

Answer 3

testing of competing claims rather than ‘search for the truth, role of the judge is to ensure proper conduct

Question 4

Criminal offence categories

Answer 4

1. Summary offences; magistrates court, minor offences
2. TOI; triable only by indictment, Crown Court, trial before jury, most serious offences
3. Triable either way; a further hearing will be held at the magistrates Court to determine where trial will take place, (MOTD; Mode Of Trial Determination) depends on seriousness of offence and magistrates sentencing powers in the event of a conviction

Question 5

Unfit to plead

Answer 5

• the accused is incapable of understanding the proceedings, and thus cannot advance a defence, follow the evidence, or instruct council.
• The judge must hear evidence and determine the issue. If then found unfit to plead, the court proceeds to trial and the jury has to establish whether the accused committed the criminal act (actus reus) of the offence, if so an order of detention will normally be made

Question 6

Voir Dire

Answer 6

• trial within a trial
• a matter has arisen where the defence objects to part of the prosecution evidence., a trial will be held in absence of the jury to determine whether the evidence is to be in- or excluded

Question 7

Civil Law

Answer 7

actions brought by claimants against defendants in the County Court or the High Court, which may lead to the award of remedies, such as damages and/or costs

Question 8

most common civil actions

Answer 8

1. recovery of debt
2. recovery of land
3. personal injury

Question 9

Civil actions most likely to involve FP’s

Answer 9

actions against the Police for

• assault
• unlawful arrest
• false imprisonment
• malicious presecution
• medical negligence

Question 10

a Criminal Conviction requires

Answer 10

1. actus reus ; criminal act
2. mens rea ; guilty mind=the accompanying mindset to a criminal act
3. absence of an accepted defence

Question 11

the 4 components of Negligence are

Answer 11

1. existence of duty of care
2. breach of that duty
3. damage or harm
4. causal link between breach and the damage

Question 12

‘no case’ submission

Answer 12

the evidential burden of the prosecution has not been fulfilled

Question 13

corroboration

Answer 13

confirmation of the reliabilty of one item of evidence by another

Question 14

Hearsay

Answer 14

a statement not made in oral evidence in court, that is relied on as evidence of matter stated in it