Revision Flashcards
What are the gateways to admitting bad character evidence under s101 CJA?
(a) Agreement
(b) Adduced by D
(c) Important Explanatory Evidence
(d) Relevant to an important matter in dispute between the prosecution and defence
(e) Substantial probative value to a matter in dispute between defendant and co-defendant
(f) False Impression
(g) Attack on character
What is meant by important Explanatory Evidence?
Without the evidence it is difficult or impossible to understand other evidence
What is meant by matters in issue between the prosecution and defence?
Can mean propensity to commit offences of the kind he is charged or propensity to be untruthful.
Evidence given by whom is admissible under s101(e)
Evidence adduced by a co-defendant or
Evidence which a witness is to be invited to give in cross examination by the co-defendant
D29.13,D29.18, D29.24, the first two sub-paragraphs of D29.25, D29.27, the first sub-paragraph of D29.38 and paragraph D29.40 D29.42 and D29.44,
D16.73, the first sub-paragraph of D16.75, D16.76-16.77 and D16.78-16.79
s D30.1 and D30.3
If an accused is convicted in absence what will magistrates have regard to when considering re-opening?
Whether failure to attend as D’s fault anf whether witnesses would be inconvenienced if a retrial were ordered. If absence was involuntary, the conviction should be quashed.
When can a mags vary or rescind a sentence?
If in the interests of justice to do so
s142 Magistrates Court act allows mags to re-open a case when?
Limited circumstances,
Mistake or slip rule
s142 can be used to increase sentence in exceptional circumstances
Technically no time limit
How long does the Crown Court have to vary or rescind a sentence?
s385 SA 2020 CC has 56 days
When is the bad character of a Non-Defendant admissible?
Only with the leave of the Court in any event, unless parties agree
When can a Court substitute a verdict?
If the jury have convicted of another verdict (eg murder and DR)
Who can give evidence at appeal proceedings?
Judge can compel anyone, even if they weren’t compellable at first instance
When will fresh evidence NOT be admitted at an appeal?
If purpose is to advance a basis for conviction not argued before the jury
Criminal Appeal Act s23
Court ca n produce any exhibit or witness
What should be sent to the accused if they are not present at an adjournment?
Adjournment notice. Should have adequate notice of adjournment date
If the prosecutor appears in the mags but the accused does not, what should happen?
The court must proceed in the absence of the accused unless it appears to the court to be contrary to the interests of justice to do so. If summonsed by written charge and requisition , must prove that had adequate notice of the hearing
What constitutes good reason for absence at trial in summary trial?
Needs to be their own fault, not just their own choice
What should magistrates do with inadmissible evidence?
Consider admissibility before the evidence is adduced. May know nature but not precise content.
After magistrates have retired, what evidence can be adduced?
NONE save for very very special circumstances
If accused is unrepresented and absent and the judge decides to proceed, what should they do?
Put defence theory to witnesses where possible. Remind the jury that a failure to appear is not an admission of guilt.
In CC, when can the Court dispense with the accused?
- Misbehaviour
- Voluntary absence
- Accused is too ill
- Accused is dead
Does the seriousness of an offence matter when considering whether he should be tried in his absence?
No
When should an accused be handcuffed in the dock?
Only where there is a real risk of violence or escape and there is no alternative to visible restraint
May a trial go ahead if an accused is too sick to attend?
Nope unless he consents
If the prosecution want to serve evidence that they didnt originally serve, how long do the defence have to object?
5 business days or 7 days in spesh circumstances
If D wants to object to a s9 statement but a mistake means he doesnt, what happens?
Judge can compel witness to come
What is hearsay evidence?
A statement made out of oral proceedings which is relied upon for its truth
When is hearsay admissible?
Any statute allows it
Any rule of law under s118 allows it
All parties agree
It is in the interests of justice for it to be admitted
What are the statutory exceptions under s116 CJA to admitting hearsay?
s116:
RP is identified and:
- dead
- outside UK
- Lost
- Through fear, does not want to give evidence
If relevant condition is met, Court can decide if the statement should be admitted.
What evidence does s116 apply to?
First hand hearsay from identifiable witness. S116 CANNOT APPLY TO ANONYMOUS WITNESS
What are the statutory exceptions under s117 CJA to admitting hearsay?
Business Documents:
Statement was made during trade by someone with particular knowledge of the matter dealt with and the conveyor of that information had knowledge. If the statement was prepared for purposes of criminal proceedings, must also have a 116 criteria.
