Main

Question 1

Grounds of refusing bail?

What factors will be looked at?

Answer 1

Likely to reoffend.
Likely to abscond.
Likely to interfere with witnesses?

Previous convictions, allegiances, bail history, seriousness of offence.

Question 2

Grounds of admitting bad character evidence?

Answer 2

• Important explanatory.
• Issue in contention between parties.
• Probative value contention between Co-Ds.
• Defendant gave evidence.
• Defendant attacked someone’s character.
• Correct false impression given by D.
• Agreement of both parties.

Question 3

Grounds of admitting hearsay?

Answer 3

• Confession.
• Statutory: Witness dead, unavailable, outside UK, afraid. Documents in business passed on.
• Parties agree.
• Spontaneous reflection statement closely associated to the event as the event controlled the statement.
• Court thinks it is in interests of justice.

Question 4

Inadmissible confession?

Answer 4

• Improper if obtained via oppression.
• Unreliable if Code C of PACE wasn’t followed. (Inducement to confess, no legal advice, D unwell).

Question 5

What is CODE D?

Answer 5

Eight suspects. Scars concealed or replicated on all. Investigating officer not present. Suspects should be separated before.

Question 6

Rights upon arrest?

Answer 6

• Legal advice.
• Inform someone of arrest.
• Consult codes of practice.
• Know the offence.

Question 7

Aggravating seriousness?

Answer 7

• Vulnerable victims.
• Gang-related.
• Racial or religious.
• Weapon.
• Previous sentences.
• While on bail.

Question 8

Mitigating seriousness?

Answer 8

• Impulsive.
• Out of fear.
• Mental illness.
• Particularly young or old.
• Made reparation to victim.

Question 9

When does youth go to Crown Court?

Answer 9

• Homicide.
• 16 with weapon.
• Grave crimes MAY go. 14 years or more sentence.
• If co defendant adult going to CC, juvenile MAY.

Question 10

When can the court give youth a detention and training order?

Answer 10

Between 12 and 14, only if they are persistent offender.

Above 14, 3ady.

Question 11

How long is a detention and training order?

Answer 11

4 to 24 months.

Question 12

When can a youth receive longer custodial sentence?

Answer 12

Violent or sexual or 14 years or more.

Question 13

When MUST a referral order be imposed?

Answer 13

Youth offends for first time and pleads guilty. Referral order is contract of commitments.

Question 14

Timeline for claim?

Answer 14

1) Serve claim form within four months of issue from the court (six if out of UK).

2) Acknowledge within 14 days of service.

3) Serve defence within 28 days of service.

4) Parties fill out directions questionnaires. Case management conference if multi-track.

5) Standard disclosure Form N265. Witness statements.

6) Trial

Question 15

Steps in trial prep?

Answer 15

1) Trial questionnaire filled out no later than eight weeks before trial.

2) Claimant solicitor prepares trial bundle between seven and three days before trial.

3) Trial

Question 16

Trial process?

Answer 16

1) Opening speech by claimant.
2) Examination in chief of claimant witnesses.
(Potential no case to answer)
3) Cross of claimant witnesses.
4) Closing speech by defendant.
5) Judgement.

Question 17

Sentence discounts?

Answer 17

One third at first stage.

One quarter before first day of trial.

One tenth ON first day of trial.

Question 18

Hour periods in detention?

Answer 18

6 hours of detention being authorised.

9 hours of first review (second review)

24 hours from arrival. (Superintendent extends)

36 hours from arrival (MC extends)

72 hours from arrival (MC extends extension)

96 hours (release).

Question 19

What is a Tomlin order?

Answer 19

Proceedings are stayed on agreement and each party will have right to apply to court to have settlement enforced.

Question 20

Possible conditions of bail?

Answer 20

1. Surety - a third person enters into a recognisance of money and is under an obligation to use every reasonable effort to ensure that the defendant attends court.
2. Security - defendant deposits a sum of money.
3. Reporting to police station on regular basis.
4. Residing at specified address.
5. Residential curfew.
6. Non-communication with witnesses.
7. Restriction on entering specific areas.
8. Attending appointments with solicitor.
9. Surrender of Passport.

Question 21

Court’s general Section 78 powers to exclude evidence?

Answer 21

The court may refuse the admission of the evidence which would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

Question 22

Court’s specific Section 76 powers to exclude a confession?

Answer 22

Under S 76 of PACE, confession evidence obtained through oppression of the defendant or in consequence of anything said or done which would render the confession unreliable shall not be admitted as evidence.

Question 23

What are grounds for applying for interim payment?

Answer 23

The grounds are that the defendant has admitted liability, the claimant has obtained judgment for damages to be assessed, and the court is satisfied that at trial the claimant would get a lot of money.

Question 24

What are the grounds for applying for an injunction?

Answer 24

The four factors the court will take into account is whether there is a serious question to be tried, if damages are adequate, if the balance of convenience lies in favour of granting or refusing the injunction and any other special factors.

Question 25

Summary judgement process and grounds?

Answer 25

Must give other side 14 days notice of hearing date and serve any written evidence 7 days before hearing.

Grounds are that claimant/defendant has no real prospect of succeeding or defending the claim and there are no other compelling reasons to go to trial.

Question 26

Grounds for default judgement (Part 12)?

Answer 26

Acknowledgement of service has not been served on time.

Question 27

Remoteness in Tort and Contract?

Answer 27

Tort: reasonably foreseeable.

Contract: may reasonably be considered as arising naturally or may reasonably be supposed to have been by both parties at time of agreement.

Question 28

Loss recoverable in Tort?

Answer 28

• Loss of earnings.
• Loss of life expectancy.
• Loss of future earnings.
• Loss of amenity.
• Loss of dependency.
• Need for services.
• Pain and suffering.
• Bereavement (partners and parents).

Question 29

Duties owed in Tort?

Answer 29

Employer to employee: safe system and place, adequate equipment, competent staff.

Occupier to visitor: to see that visitor can be reasonably safe in using premises.

Occupier to trespasser - if aware of danger, vicinity, and it is reasonable to protect.

Employer to public - negligence in the course of employment.

Question 30

In the course of employment?

Answer 30

Prohibited but further’s business.

Authorised act in unlawful manner.

Wrongful act but authorised.

NOT ‘frolic of his own’.

Question 31

Pure economic loss and exception?

Answer 31

Economic loss NOT arising out of personal injury or death.

Exception is special relationship and receiver of advice acted reasonably in relying on advice.

Question 32

Pure psychiatric harm and exception?

Answer 32

Psychiatric harm NOT arising out of personal injury or death.

Primary victims: present at scene and were in physical danger.

Secondary victims: appreciated event or immediate aftermath with their senses and close relationship of love and affection with a primary victim.