Miscellaneous

Question 1

Minimum length of custodial sentence before it can be suspended

Answer 1

14 days

Question 2

Maximum length of custodial sentence which, after which sentence cannot be suspended

Answer 2

2 years (BUT 6 months in mags)

Question 3

Maximum period for which a custodial sentence can be suspended

Answer 3

2 years

Question 4

When D must serve witness details to P in Mags Court

Answer 4

14 days after P’s compliance with s.3 CPIA 1996 disclosure duty

Question 5

When D must serve witness details to P in Crown Court

Answer 5

28 days after P’s compliance with s.3 CPIA 1996 disclosure duty

Question 6

Minimum work requirement for community order

Answer 6

40 hours

Question 7

Maximum work requirement for community order

Answer 7

300 hours

Question 8

Minimum daily hours in a curfew

Answer 8

2

Question 9

Maximum daily hours in a curfew

Answer 9

16

Question 10

When concurrent sentences may be passed (two options)

Answer 10

(a) arising from the same incident/facts

(b) same similar/facts

Question 11

Provision for tendering written statement at evidence instead of calling maker of statement

Answer 11

s.9 CJA 1967

Question 12

Provision for introducing evidence of a fact that is admitted by another party, OR for jointly admitting a fact

Answer 12

s.10 CJA 1967

Question 13

Test for excluding evidence of a confession

Answer 13

Per s.76 PACE 1986:

Shall not be admitted unless satisfied that it was NOT OBTAINED BY OPPRESSION OR WORDS/CONDUCT LIKELY TO RENDER IT UNRELIABLE

(Prosecution must prove this to the criminal standard)

Question 14

When ID case should be withdrawn from jury

Answer 14

(1) quality of ID evidence is poor

AND

(2) there is no supporting evidence

(supporting evidence: bad character; confession; lies; silence where could have expected answer; etc.);

Question 15

Basic elements of a Turnbull direction (three)

Answer 15

1) warn of SPECIAL NEED FOR CAUTION before convicting solely on basis of ID
2) explain need for warning, including POSSIBILITY THAT MISTAKEN WITNESS CAN BE CONVINCING
3) instruct to EXAMINE CLOSELY ALL THE CIRCUMSTANCES OF THE ID

Question 16

When a Turnbull direction should normally be given

Answer 16

If a case depends wholly or substantially on the correctness of 1/more IDs of the accused which D says are mistaken

Question 17

Four conditions that must be in place before a Lucas direction can be given in relation to a lie

Answer 17

1) lie was deliberate
2) lie relates to material issue
3) lie has no innocent explanation
4) fact it is a lie is established by further independent evidence