Timelines Flashcards

1
Q

What is the number of juries?

A

12 people

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2
Q

What is the maximum delay for access to legal advice?

A

36 hours at most

Conditions: Indictable or either way only; Superintendent up to authorised in writing; Reasonable grounds to believe interference with evidence, others, suspects, hindering recovery of property.

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3
Q

What is the maximum delay to inform someone of their arrest?

A

36 hours

Conditions: Indictable or either way only; Inspector up to authorised in writing; Reasonable grounds to believe interference with evidence, others, suspects, hindering recovery of property.

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4
Q

How long can a suspect be kept in custody without being charged?

A

24 hours from the arrival at police station

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5
Q

What is the first extension period for keeping a suspect in custody?

A

12 hours

Conditions: Superintendent authorise; Reasonable grounds: further detention needed to secure or preserve evidence/obtain evidence by questioning; Investigation: conducted diligently and expeditiously.

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6
Q

What is the second extension period for keeping a suspect in custody?

A

36 hours

Conditions: Indictable or either way only; Magistrates’ Court authorise; Reasonable grounds: further detention needed to secure or preserve evidence/obtain evidence by questioning; Investigation: conducted diligently and expeditiously.

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7
Q

What is the third extension period for keeping a suspect in custody?

A

24 hours

Conditions: Indictable or either way only; Magistrates’ Court authorise; Reasonable grounds: further detention needed to secure or preserve evidence/obtain evidence by questioning; Investigation: conducted diligently and expeditiously.

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8
Q

What is the minimum number of people required for identification procedures?

A

At least 8 others

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9
Q

What is the maximum sentence in Magistrates Court for a single summary offence?

A

12 months imprisonment

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10
Q

What is the maximum sentence in Magistrates Court for a single either way offence?

A

12 months imprisonment

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11
Q

What is the maximum reduction in sentence for pleading guilty?

A

Max 1/3 sentence

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12
Q

What is the threshold for small value theft?

A

Less than £200

Magistrates Court cannot decline jurisdiction but defendant can elect to trial in Crown Court.

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13
Q

What is the means test threshold for a representation order?

A

Less than £3,398 annual disposable income

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14
Q

What is the deadline for prosecution to serve evidence during pre-trial?

A

Within 28 days of the order

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15
Q

What is the deadline for the defence to notify prosecution which witnesses are required to attend trial?

A

Within 7 days

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16
Q

What is the deadline for the defence to serve its defence statement in Magistrates Court?

A

Within 14 days

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17
Q

What is the deadline for prosecution to produce notice when adducing evidence of bad character in Magistrates Court?

A

Within 20 business days of entry of not guilty plea

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18
Q

What is the deadline for plea and trial preparation hearing (Arraignment) in Crown Court?

A

Within 28 days after case was sent from Magistrates Court

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19
Q

What is the deadline for prosecution to complete disclosure in Crown Court?

A

50 days (70 days if defendant is on bail)

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20
Q

What is the deadline for the defence to serve a defence case statement in Crown court?

A

Within 28 days

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21
Q

What is the deadline for prosecution to produce notice when adducing evidence of bad character in Crown Court?

A

Within 10 business days of entry of not guilty plea

22
Q

What is the maximum suspended sentence?

A

Max: 2 years
Min: 14 days

23
Q

What is the deadline to submit a written notice of appeal from Magistrates Court to Crown Court?

A

Within 15 business days

24
Q

What is the deadline to submit an appeal from Magistrates Court to High Court?

A

Within 21 days of the decision

25
Q

What is the deadline for a defendant to appeal from Crown Court to Court of Appeal?

A

Within 28 days of the decision

26
Q

What is the age range for Youth Court?

A

10-17

If turn 18 during the course of proceedings: Youth court may elect to retain the case to Magistrates’ Court.

27
Q

What constitutes a grave crime?

A

14 years imprisonment or more in adult court

28
Q

What is the duration of a referral order?

A

3 – 12 months contract of conduct

29
Q

What is the maximum duration of a youth rehabilitation order?

A

Up to 240 hours in 12 months

30
Q

What is the maximum duration of a detention and training order?

A

Max 2 years

DTO period: 4,6,8,10,12,18,24 months. First half in custody, second half under supervision of the Youth Offending Team.

31
Q

What must be said when a caution is given to a suspect?

A

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.

32
Q

What are the Turnbull Guidelines?

A

ADVOKATE
A: Amount of time, D: Distance, V: Visibility, O: Obstruction, K: Known, A: Any reason to remember, T: Time lapse, E: Errors

33
Q

What are the 7 gateways to admission of bad character evidence?

A
  1. All parties agree
  2. Evidence adduced by defendant or evidence given by D in response to cross-examination
  3. Important explanatory evidence
  4. Relevant to important matter in issue
  5. Matter in issue between co-defendant
  6. Correct false impression given by D
  7. Defendant attacked another’s character/witness
34
Q

What is the lowest police rank?

A

Constable

35
Q

What rank can authorise TO DELAY access to legal advice?

A

Superintendent

36
Q

What is the mode of address for individual magistrates?

A

Your Worships

37
Q

What is the mode of address for a judge in Crown Court?

A

Your Honour

38
Q

What MUST be considered for a referral order?

A
  • D pleads guilty to imprisonable offences;
  • AND has not been convicted of an imprisonable offence before.
    (Unless bench intends to impose a custodial sentence or absolute discharge)
39
Q

**What are the aggravating factors that MUST be considered?

A
  • Previous convictions if reasonable to do so;
  • Offence committed while on bail;
  • Racial or religious aggravation;
  • Hostility based on sexual orientation, transgender identity, or disability.
40
Q

What are some mitigating factors that may be considered?

A
  • Age;
  • Health;
  • Good character;
  • Remorse and voluntary compensation;
  • Early guilty plea;
  • Family situation;
  • Offence committed on impulse;
  • High degree of provocation;
  • D plays a minor role;
  • Motivated by fear.
41
Q

What is the competency status of a witness?

A

Competent and Compellable

42
Q

What is the competency status of a defendant?

A

To Prosecution: Neither competent nor compellable
To defence: Competent but not compellable

43
Q

What is the competency status of a co-defendant after pleading guilty?

A

Competent and Compellable (become normal witness)

44
Q

What is the competency status of a defendant’s spouse/civil partner?

A

To prosecution: Competent but not compellable (Unless: Assault, injury or threat of injury to them or a child under 16; Sexual offence on a child under 16; Attempting, conspiring, aiding, abetting those crimes.)
to Defence: Competent and Compellable (unless jointly charged)

45
Q

What are the aggravating factors that MAY be considered?

A
  • Offence premediated;
  • Offence committed in group;
  • Targeting vulnerable victim;
  • Influence of drugs or alcohol;
  • Abuse of position of trust;
  • Use of weapon;
  • Gratuitous violence/damage to property;
  • Victim providing service to public;
  • High value or sentimental nature of property;
  • Failure to respond to previous sentence.
46
Q

What is the competency status of a co-defendant?

A

To Prosecution: Neither competent nor compellable
To defence: Competent but not compellable

47
Q

What MAY be considered for a referral order?

A
  • D pleads guilty to some but not all offences; OR
  • D has previously received a referral order
48
Q

What CANNOT be considered for a referral order?

A
  • D pleads not guilty to all offences but is convicted after trial
49
Q

What police rank can authorise TO DELAY inform someone of their arrest?

A

Inspector up

50
Q

What police rank can authorise 1st extension of 12 additional hour in custody?

A

Superintendent up

51
Q

What is the deadline for prosecution to produce notice when adducing evidence of bad character in Crown Court?

A

Within 10 Business days of entry of not guilty plea