Things I'm still getting wrong Flashcards
How many bail applications can you get?
After the 1st hearing after the hearing at which the magistrates refused to grant bail, the defendants solicitor is allowed to make a full application as to fact or law even if they use the same arguments in the first unsuccessful bail application
What happens at a breach of bail hearing?
The defendant will be asked to admit or deny the breach. If they are denying the matter will be decided on consideration of the statement of the officer and any defence evidence and his bail will then be reconsidered
Co-accused and compelability
A co-accused is neither compellable or competent to be a witness. However if they are severed from being a co-accused e.g by pleading guilty then they can give evidence
When can the court draw an adverse inference?
When the court is satisfied that there is a case to answer, there is evidence other than the defendants silence on which a finding guilt can be made and the only sensible explanation for the defendants silence is that he had no answer or none that would have stood up to cross examination
When do suspects need to be given a break from interviewing
every 2 hours
When the court is dealing with two or more defendants charged with the same offence
If one defendant elects trail in the crown court all of the defendants sent to the crown court
When can the crown court pursue a retrail?
Must satisfy a two-fold test: an evidential test and an interests of justice test in order to apply to the court of appeal for the acquittal to be set aside
What happens if a defendant has committed two offences and has only admitted guilt to one?
If they have committed two offences and they are going to plead guilty to one and not the other then the magistrates gave a choice as to what to do with the offence to which the defendant has pleaded guilty. They may either sentence the defendant themselves or commit the defendant to the crown court for sentence. This will often depend on whether they are linked or not
What is the judge permitted to do at the plea and trial preparation hearing regarding indication of sentence?
The judge is permitted at the plea and trial preparation hearing to give the defendant an indication of the likely sentence they would receive if they were to enter a guilty plea at this stage. The defendant must ask for it
When will a voir dire be held
During the prosecutions presentation of case
What if someone elects the crown court for a summary trial case?
They must be sent to the Crown Court.
Detention clock
This is when they talk about reviewing how long the defendant has been in detention. This is from when they were detained. 6 - 9 hours.
Custody Clock
How long you have left before charge. This is from when you arrive at the station.
The admissibility of relevant facts discovered as a result of an inadmissible confession
The finding of the items is still relevant and admissible as the exclusion of the confession will not affect the admissibility of this evidence
Propensity to be untruthful
This is relevant to an important matter in issue between the defendant and the prosecution
