Overview

Question 1

Who are the judges in the magistrates court?

Answer 1

District, Deputy District or two/three lay magistrates

Question 2

What is the mode of address in the Magistrates court?

Answer 2

Sir/Madam

Question 3

Who are the judges in the crown court?

Answer 3

Circuit, High Court or Recorder

Question 4

What is the mode of address in the crown court?

Answer 4

Your honour, My lord/lady (High Court judge)

Question 5

Which offences are summary only?

Answer 5

Assault
Battery
Simple Crim Damage (value £5000/less)
Attempted simple CD

Question 6

Which offences are either way?

Answer 6

Theft
Burglary
Fraud
ABH
S20 GBH (no intent)
Simple CD (over £5000)
Simple arson
Attempts to commit EW

Question 7

Which offences are indictable only?

Answer 7

Robbery
S18 GBH (with intent)
Aggravated burglary
Aggravated arson
Aggravated CD
Murder
Involuntary manslaughter
Attempts to commit Indictable

Question 8

When do reviews of detention need to happen and who by?

Answer 8

At least inspector, unrelated to investigation, not CO.
First review - < 6 hours after authorised by CO, every 9 hours after

Question 9

What is the time limit for detention?

Answer 9

24 hours from relevant time (usually arrives at station)

Question 10

What is the criteria for a detention extension?

Answer 10

• At least superintendent authorised
• Reasonable grounds it’s necessary for evidence/questioning
• Indictable offence
• Investigation conducted diligently and expeditiously

Question 11

How can detention be extended beyong 36 hours?

Answer 11

Apply to magistrates court
36 hrs first application, 36 hrs second (96 hrs max)
* MC satisfied reasonable grounds for evidence/questioning
* Indictable
* Investigation conducted diligently and expeditiously

Question 12

How long can the right to consult a solicitor/have someone informed be delayed for?

Answer 12

36 hours max

Question 13

What is the criteria for delaying the right to consult with solicitor?

Answer 13

Indictable offence
In writing, at least superintendent
Reasonable grounds exercising right will lead to:
* Interfering with evidence
* Interfering/harm to others
* Alerting other suspects not yet arrested
* Hinder recovery of property

Question 14

What is the criteria for delaying the right to inform someone?

Answer 14

Indictable offence
In writing, At least inspector
Reasonable grounds lead to:
* Interfering with evidence
* Interfering/harm to others
* Alerting other suspects not yet arrested
* Hinder recovery of property

Question 15

When can police delay the right to an appropriate adult?

Answer 15

delay would lead to:
* Interfering with evidence
* Interfering/harm to others
* Serious loss/damage to property
* Alerting other suspects not yet arrested
* Hindering recovery of property

Question 16

When can police delay the right to an interpreter?

Answer 16

• Interfering with evidence
• Interfering/harm to others
• Serious loss/damage to property

Question 17

What starts the clock for extending detention?

Answer 17

The time of arrival at police station

Question 18

What starts the clock for reviews of detention?

Answer 18

The time detention was authorised

Question 19

When can an adverse inference not be drawn for relying on an unmentioned fact?

Answer 19

No caution

Question 20

What must the police do if they find an object/substance/mark on the arrested person or want them to account for their presence at a particular place during the alleged time of the offence?

Answer 20

Ordinary language caution (special warning)

Question 21

What is the only time limit for bringing criminal proceedings?

Answer 21

summary only - within 6 months of alleged offence