Revision Guide Flashcards
Where does prosecution of all criminal offences start?
In the Magistrates’ Court
Who sits in the Magistrates’ Court?
A District Judge or a panel of 2 or 3 lay magistrates
Who are Crown Courts presided over by?
Crown Court Judges
How many people sit on a jury?
12
What is the overriding objective of criminal law?
Criminal cases must be dealt with justly
What does the overriding objective of criminal law include?
- Acquitting the innocent + convicting the guilty
- Dealing with the prosecution and the defence fairly
- Recognising the rights of a defendant
- Respecting the interests of witnesses, victims, and jurors
- Dealing with the case efficiently and expeditiously
What are the rules surrounding Welsh being spoken in the courts in Wales?
In any legal proceedings in Wales, the Welsh language may be spoken by any party, subject to satisfying requirements of prior notice so provision for interpretation can be made.
In the Magistrates’ Court, there is no requirement for notice to be given.
What is the ranking of the police force (high to low)
- Chief Constable
- Deputy Chief Constable
- Assistant Chief Constable
- Chief Superintendent
- Superintendent
- Chief Inspector
- Inspector
- Sergeant
- Constable
What legal advice are people interviewed at the police station entitled to?
All persons who are interviewed at the police station are entitled to free, private legal advice at any time during detention.
May be satisfied by a phone call from the Defence Solicitors Call Centre
When can access to legal advice be delayed?
If all of the following are true.
- Suspect was arrested on an indictable only or either way charge
- Police officer of the rank of superintendent or above has authorised the delay in writing
- the officer has reasonable grounds to believe that exercise of the right will lead to:
i. interference with evidence,
ii. interference with others,
iii. alerting other suspects, or
iv. hindering the recovery of property related to the offence
How long can access to legal advice be delayed for at the police station?
Up to 36 hours at most
How long can someone’s right to have someone informed of their arrest be delayed for?
Up to 36 hours
What conditions need to be satisfied for someone’s right to have someone informed of their arrest to be delayed?
- Suspect arrested on indictable only or either way offence
- Policy officer of inspector or above has authorised the delay in writing
- the officer has reasonable grounds to believe that exercise of the right will lead to:
i. interference with evidence
ii. interference with others
iii. alerting other suspects, or
iv. hindering the recover of property related to the offence
Under the basic rule, how long may a suspect be kept in custody without being charged?
Up to 24 hours from the relevant time.
The relevant time is the time the suspect entered the police station.
How can the length of time a suspect can be kept in custody without charge be extended by the police?
Can be extended by an additional 12 hours (to 36 hours) by an officer of the rank of superintendent or higher if:
- the officer has reasonable grounds for believing further detention is necessary to secure or preserve evidence or obtain evidence by questioning, and
- the investigation is being conducted diligently and expeditiously
How can the police extend the amount of time a suspect can be detained without charge beyond 36 hours?
On application for a warrant, a Magistrates’ Court may authorise holding the suspect an additional 36 hours (total of 72), and on 2nd application, an additional 24 hours.
The suspect must have been arrested on suspicion of an indictable only or either way offence.
What is the total maximum time a suspect can be detained by the police without charge?
96 hours - 4 days
When must an identification procedure be held?
- If a witness has identified or purported to identify a suspect
- A witness expresses an ability to identify a suspect
- There is a reasonable chance of an eyewitness being able to identify a suspect
What rights does a suspect have re identification procedures?
- Right to have the procedure explained
- Right to have free legal advice with respect to an identification procedure or to have a solicitor or friend present at the procedure
What is the effect of failure to cooperate with an identification procedure?
ID procedure could still be held covertly + failure to cooperate could be raised at trial
What are the types of identification procedures?
- Video identification
- Identification parade
- Group identification
- Confrontation
What happens with video identification?
Moving images of the suspect + at least 8 others are shown.
The others must be similar in appearance, and distinguishing features must be concealed
What happens with identification parade?
Suspect + at least 8 others who resemble the suspect appear in a line
What happens with group identification?
Witness sees suspect in an informal group, with or without the suspect’s consent
What happens with the confrontation ID procedure?
A one-on-one identification.
Suspect’s solicitor or friend may be present unless it would cause undue delay.
The suspect shouldn’t be restrained at the time of the identification.
The witness is asked “Is this the person you saw on the earlier occasion?”
What warning should a witness be given before ID procedures?
(Except Group ID) - the witness must be warned that the suspect might not be present.
What are possible objections to the use of evidence obtained from identification procedures?
- Failure to take into account reasonable objections to the appearance of others in the ID procedure
- Failure to keep the witness away from the suspect before or during the ID procedure
- Failure to keep witnesses apart before or during the ID process
- Failure to warn witnesses that the suspect might not be shown at all.
What happens if there is a breach of the rules regarding identification procedures?
The court may exclude the evidence from trial if its admission will have an adverse effect on fairness.
