MCQS Flashcards
What approach are the police likely to take in relation to the issue of identification where the witness knows the suspect?
An ID procedure is unnecessary as it will not serve any useful purpose in proving or disproving whether the suspect was involved in the offence.
Interests of justice test
Magistrates court will be required to consider before sending a juvenile to stand trial in the crown court alongside adult co-defendants.
How long can a suspect be detained without charge?
24hours from the time they arrive at the police station.
When will it not be appropriate to act as an appropriate adult as a parent/guardian for a youth under 18?
If they received admissions prior to attending the station.
When should a judge refer to the Turnbull guidelines?
These guidelines are a set of judicial warnings that judges must give juries when a case depends on the accuracy of a visual identification.
Designed to reduce the risk of wrongful convictions based on mistaken identfication.
What is hearsay and when can it be admitted?
Hearsay evidence is a statement of fact or opinion made outside of the court by a person not present at court to testify as to the truth of the statement.
It can be admitted if the statement was made immediately after the offence and they were emotional and scared.
When is a Newton hearing required?
Where defendant pleads guilty but there are conflicting facts between the prosecution and defence.
Court will resolve the dispute and ascertain the correct basis for sentence.
If a person is sentenced in the magistrates court, can they appeal it to the crown court?
If so, how?
Yes they have an automatic right to appeal but must serve their appeal notice no more than 15 business days.
Suspended sentence
A prison sentence that is delayed on the condition that the offender meets certain requirements and does not commit any further offences.
What will happen if a defendant has a suspended sentence and they are about to be sentenced for a new offence they have committed
The suspended sentence will be imposed in full unless it would be unjust to do so in view of all the circumstances and the sentence of the new offence could be consecutive.
When does the evidential burden fall on the defendant?
If the defendant is relying on a positive defence
E.g. self-defence
Who can give an opening speech?
Prosecution does the opening speech.
Defendant rarely does unless the judge allowed them too which will be after the prosecutions speech.
Who can be an appropriate adult for a juvenile detainee?
Relative
Guardian
Social worker
Responsible adult 18 or over who is independent of the police
In what cases will an officer not be able to extend a detainee beyond 24 hours?
If it’s a summary only offence.
What will happen if someone breached their bail condition?
They will be brought before the court to have their bail reconsidered.
Means test
Financial assessment that determines if someone is eligible for legal aid.
If a person is convicted of common assault and wants to appeal in the crown court, how will the appeal be determined?
At a hearing of all the evidence by a crown court judge sitting with lay magistrates.
When will the magistrates not be allowed to impose a detention and training order to a youth?
If they are not a persistent offender.
