Test Test Testicles Flashcards
What is the wording of a C10 warning?
“You do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence”.
What must the police tell defendants as a “special caution”?
“The police must tell the Defendant:
• What offence he is being investigated for
• What fact he is being asked to account for
• That this fact may be due to him taking part in the commission of the offence
• That a Court may draw a proper inference if he fails or refuses to account for the fact
• That a record is being made of the interview and it may be given in evidence if the Defendant is brought to trial”.
Once in custody the Magistrates Court can commit a defendant to detention for a maximum of __ clear days. What is __?
8
If the Defendant has previously been remanded in custody for the matter which is before the Court and the Prosecution and defence have been allowed to make representations the Defendant may be remanded in custody for up to __ clear days.
28
The Defendant may not be kept in custody for longer than __ days if charged with an indictable offence which is sent to the Crown Court.
70
The Defendant may not be kept in the custody of the Magistrates Court for longer than XX days if charged with an either way offence which is to be tried summarily. However if the decision is made to try the case summarily within 56 days the time limit is reduced to YY days.
XX =70
YY =56
The above time limits run from the Defendants’ ____________________ and cease on the first day of the Defendant’s trial.
first appearance in the Magistrates Court
In the Crown Court, the maximum period the Defendant can remain in custody is ___days less the aggregate of any periods of time the Defendant was held in custody by the Magistrates’ Court.
182
If someone has been charged with murder what are the two conditions for their bail?
i) there is no significant risk that the Defendant will harm someone else.
ii) The decision is made by a CCJ
In deciding whether to grant bail, the Court should consider RANS
- Record of fulfilling bail conditions in the past
- Antecedents, character associations and community ties of the Defendant
- Nature and serious of the offence
- Strength of evidence against the Defendant.
The Court may refuse to grant bail on the basis of FTS IWW CFO. What are FTS IWW CFO?
Failure to surrender
Interference with witnesses
Commit further offences
