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Criminal Litigation > SA1 Overview of Criminal Procedure > Flashcards

SA1 Overview of Criminal Procedure Flashcards

1
Q

What is the classification of: theft

A

Either-way

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2
Q

What is the classification of: robbery

A

Indictable only

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3
Q

What is the classification of: burglary

A

Either-way (but if it comprises commission of indictable only defence, is a dwelling burglary with violence/domestic burglary by adult with two previous convictions for domestic burglary, then indictable only).

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4
Q

What is the classification of: fraud

A

Either-way

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5
Q

What is the classification of: sexual assault

A

Either-way

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6
Q

What is the classification of: rape

A

Indictable only

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7
Q

What is the classification of: common assault

A

Summary only.

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8
Q

What is the classification of: ABH

A

Either-way.

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9
Q

What is the classification of: s18 GBH

A

Indictable only.

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10
Q

What is the classification of: s20 wounding

A

Either-way.

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11
Q

What is the classification of: criminal damage

A

Either way (but if <£5k, treated as summary only).

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12
Q

What is the classification of: Possession Class A

A

Either-way

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13
Q

What is the classification of: Possession Class B

A

Either-way

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13
Q

What is the classification of: Possession with intent to supply Class A

A

Either-way

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14
Q

What is the classification of: Possession with intent to supply Class B

A

Either-way

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15
Q

What is the classification of common law offences?

A

Indictable only, unless listed in Sch 1 MCA 1980, in which case they are either-way.

16
Q

What three principle categories of Crown Court judge exist?

A

1) High Court judges.
2) Circuit Judges.
3) Recorders.

17
Q

What is the test for determining whether an individual qualifies for a legal representation order (formerly legal aid)?

A

Applicant must satisfy:
a) a means test, which looks at their income and outgoings, and
b) a merits test, which looks at whether it is “in the interests of justice” for legal aid to be granted.

Criminal Litigation (9 decks)

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