Overview Flashcards
Who are the judges in the magistrates court?
District, Deputy District or two/three lay magistrates
What is the mode of address in the Magistrates court?
Sir/Madam
Who are the judges in the crown court?
Circuit, High Court or Recorder
What is the mode of address in the crown court?
Your honour, My lord/lady (High Court judge)
Which offences are summary only?
Assault
Battery
Simple Crim Damage (value £5000/less)
Attempted simple CD
Which offences are either way?
Theft
Burglary
Fraud
ABH
S20 GBH (no intent)
Simple CD (over £5000)
Simple arson
Attempts to commit EW
Which offences are indictable only?
Robbery
S18 GBH (with intent)
Aggravated burglary
Aggravated arson
Aggravated CD
Murder
Involuntary manslaughter
Attempts to commit Indictable
When do reviews of detention need to happen and who by?
At least inspector, unrelated to investigation, not CO.
First review - < 6 hours after authorised by CO, every 9 hours after
What is the time limit for detention?
24 hours from relevant time (usually arrives at station)
What is the criteria for a detention extension?
- At least superintendent authorised
- Reasonable grounds it’s necessary for evidence/questioning
- Indictable offence
- Investigation conducted diligently and expeditiously
How can detention be extended beyong 36 hours?
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
How long can the right to consult a solicitor/have someone informed be delayed for?
36 hours max
What is the criteria for delaying the right to consult with solicitor?
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
What is the criteria for delaying the right to inform someone?
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
When can police delay the right to an appropriate adult?
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
When can police delay the right to an interpreter?
- Interfering with evidence
- Interfering/harm to others
- Serious loss/damage to property
What starts the clock for extending detention?
The time of arrival at police station
What starts the clock for reviews of detention?
The time detention was authorised
When can an adverse inference not be drawn for relying on an unmentioned fact?
No caution
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?
Ordinary language caution (special warning)
What is the only time limit for bringing criminal proceedings?
summary only - within 6 months of alleged offence
