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Flashcards

RB Ch. 1 & 2

item1388 Red Book N/a English 48 cards

Cards in this deck (48)

  1. 1What TWO tests will decide whether a Defendant in the MC will receive free legal advice/assistance? What ONE test will decide the same in the CC?(1) Interests of justice test
    (2) Means test
    (1) Means test (IOJ test is not relevant in CC)
  2. 2What sort of factors are relevant to the IOJ test? (5 examples) (RB 4)1. Does D face custodial sentence?
    2. Does D face losing livelihood or reputation?
    3. Will D understand proceedings w/o legal assistance?
    4. Will proceedings require Ws to be traced or interviewed?
    5. Will proceedings require XX of experts?
    6. Is it in the interests of another for D to be represented?
  3. 3T or F: If D fails the means test and pays all or part of his legal costs then he cannot be refunded even if acquitted. (RB 4)FALSE: If D fails the means test and pays part or all of his legal costs, then he MAY be refunded if acquitted.
  4. 4Where is the overriding objective of the criminal courts given? What are its stipulations? (6) (RB 4)Criminal Procedure Rules, Part 1
    1. Acquit the innocent, convict the guilty
    2. Deal with P and D fairly
    3. Recognise the rights of D esp. Art.6
    4. Respect interests of W, V, and jurors - keep them informed of case progress
    5. Deal with cases efficiently
    6. Ensure appropriate info is available to court when bail/sentence considered
  5. 5In addition, the overriding objective stipulates that cases should be dealt with in a way that takes into account: 1. X of the offence 2. X of what is in issue 3. X of the X for X and others affected 4. X of other cases1. Gravity of the offence
    2. Complexity of what is in issue
    3. Severity of the consequences for D and others affected
    4. Needs of other cases
  6. 6Where are the court's case MGMT functions set out in the CrimPR? What is the overarching purpose of the case MGMT functions? (2)CrimPR, Part 3
    1. To further the overriding objective; and
    2. By actively managing the case
  7. 7What MAY be the two most severe consequences of failure to abide by PACE Codes? (RB 8)1. Evidence being excluded as inadmissible; or
    2. The entire P case being stayed as an abuse of process
  8. 8To what matters do PACE Codes A-H relate? (8) (RB 8)A: Stop and search
    B: Searching premises
    C: Detention, treatment, questioning
    D: Identification
    E: Tape recording of interviews
    F: Audio-visual recording of interviews
    G: Powers of arrest
    H: Terrorism
  9. 9WHAT IS THE STANDARD CAUTION?* (4 elements) (RB 8)1. You do not have to say anything
    2. But it may harm your defence if you do not mention when questioned
    3. Something which you later rely on in court
    4. Anything you do say may be given in evidence
  10. 10A caution MUST be given: 1. To whom? 2. Before what is done? 3. If what is the case? (RB 8)1. A person whom there are grounds to suspect to suspect of an offence;
    2. Before any Qs (or further Qs) about an offence are asked IF the answers provoke suspicion
    3. If either the suspect's answers or silence may be given in prosecution evidence
  11. 11T or F: A caution is not required if the questions asked are general (i.e. 'Who are you?' and 'Where are you going?') (RB 9)TRUE: A caution is not necessary when the questions are general (e.g. asking someone who he is)
  12. 12'Grounds for suspicion' means X and Y grounds to suspect the person of Z (RB 9)'Grounds for suspicion' means REASONABLE and OBJECTIVE grounds to suspect the person of a CRIMINAL OFFENCE.
  13. 13A. When should a caution be re-administered to an adult? B. When should a caution be re-administered to a child? (RB 9)A. A caution should be re-administered after any SIGNIFICANT BREAK in questioning
    B. If the caution was administered when there was no adult present, it should be re-administered in the PRESENCE OF AN APPROPRIATE ADULT
  14. 14A person being questioned who is not under arrest should be informed of what?If the person being questioned is not under arrest, they MUST be informed that they are FREE TO LEAVE AT ANY TIME.
  15. 15What is the effect on inferences if a person requests a solicitor but is denied? (RB 9)If a person being questioned requests a solicitor but is denied, then no inferences may be drawn from silence.
  16. 16T or F: If a D refuses to answer certain key questions when asked by the police, the court may infer that D is G of the offence suspected. (RB 9)TRUE: If D fails to answer certain key questions when asked by the police, the court may infer that D is G of the offence of which he is suspected.
  17. 17What must be done before the adverse inference in the previous card may be drawn? (RB 9)Before the court may draw adverse inferences from D's silence, the police MUST give D a SPECIAL WARNING.
  18. 18What are the constituent parts of the special warning that allow for adverse inferences to be drawn from silence? (5 elements) (RB 9) OFBIR:OFBIR:
    1. OFFENCE: What offence is being investigated
    2. FACT: What fact is D being asked to account for
    3. BELIEF: Police believe the fact may be connected with commission of offence
    4. INFERENCE: That the CT may draw a proper inference from D's failure/refusal to account for fact
    5. RECORD: Record is being made of the interview and may be given in evidence if D is brought to trial.
  19. 19What (2) other situations is a special warning required if inferences are to be drawn? (RB 10)1. D refuses to account for OBJECT, MARKS, SUBSTANCES on his person, clothes, possessions at the place of arrest
    2. D refuses to account for his PRESENCE near the crime scene
  20. 20T or F: An interview is any questioning of a person regarding his suspected involvement in an offence - it may take place under caution (RB 10)FALSE: An interview is indeed any questioning of a person regarding his suspected involvement in an offence but it MUST take place under caution.
  21. 21An interview should always occur in a police station, unless delay would lead to any one of what (4) undesirable outcomes? (RB 10)1. Interference with evidence
    2. Harm to a person
    3. Alerting of other suspects
    4. Hindering or recovery of property
  22. 22What (3) rights does a D being interviewed have?1. See a solicitor (although not necessarily have that solicitor present in interview)
    2. Have someone informed of his arrest
    3. Consult the PACE codes
  23. 23DELAYING THE RIGHT TO SEE A SOLICITOR 1. For how long may the right be delayed? 2. Who must authorise that delay 3. For what (3) reasons may the delay be authorised? (RB 10)1. 36 hours
    2. Officer of rank superintendent
    3. (i) Prevent interference with evidence, harm to a person, alerting of suspects, hindering recovery of property
    (ii) Seeing the solicitor would cause unreasonable delay to the investigation
    (iii) D has refused to see the solicitor
  24. 24An accurate record should be made of each interview, recording what (4) things: (RB 10)1. Time of i/v
    2. Location of i/v
    3. Any breaks taken
    4. Names of those present
  25. 25D has said something significant but not on tape. What (5) steps should the interviewer now follow? (RB 10)1. Interviewer must caution D;
    2. State what D said;
    3. Ask D to comment on the statement;
    4. Make a written record of the statement;
    5. Ask D to sign that written record.
  26. 26The interviewer who tells D what will happen if he does or does not answer has done what improper action? What is the exception to the above? (RB 11)NO ANSWER MAY BE ELICITED BY OPPRESSION. Telling the D what will happen if he does or does not answer (either by giving incentives, warnings, or threats) is an example of oppression.
    The exception is if the D directly asks what will happen to him if he does or does not answer (within reason)
  27. 27What should be done before a W takes part in any ID procedure? (RB 11)A RECORD should be made of the W's description of D before that D participates in any ID procedure.
  28. 28What does it mean for a suspect to be 'KNOWN'? (RB 11)Sufficient information is known to the police to justify the arrest of a particular person suspected of involvement in the offence
  29. 29What does it mean for a suspect to be 'AVAILABLE'?Suspect is:
    1. Immediately available or will be so in a reasonably short time; and
    2. Is willing to take part in the ID procedure
  30. 30What (4) ID procedures are acceptable if the suspect is KNOWN and AVAILABLE to the police?1. Video ID
    2. ID parade
    3. Group ID
    4. Confrontation ID
  31. 311. What is a video ID? 2. What is an ID parade? 3. What is a Group ID? 4. What is a Confrontation ID? (RB 11)1. W is shown moving or still images of suspect together with ID of AT LEAST 8 OTHER PPL who resemble suspect.
    2. Suspect is put into a line-up of AT LEAST 8 PPL to be viewed by W
    3. Suspect put into INFORMAL GROUP OF PPL in PUBLIC PLACE where W is present
    4. Suspect is SHOWN to W, screens may be available, normally friend/sol/interpreter of W must be present
  32. 32What ID procedure must be followed if the suspect is KNOWN to the police but is NOT AVAILABLE? (RB 11)Video ID
  33. 33What ID procedures may be resorted to if the ID of the suspect is NOT KNOWN to the police? (RB 11)1. Street ID: W taken to a particular neighbourhood and asked if s/he can spot the suspect
    2. W given opportunity to look through existing police photographs
  34. 34Before police can search a person or vehicle for stolen goods, articles for use in offences, or weapons, they MUST (4) (RB 12)They must:
    1. REASONABLE GROUNDS: have reasonable grounds for the search
    2. ID: Be in uniform OR provide ID
    3. NEARBY: Conduct the search near the place where the person/vehicle was stopped
    4. CLOTHING: Not remove a suspect's clothes in public, except outer layer
  35. 35Who may be arrested without warrant by a constable? (4) (RB 12)1. Those committing/about to commit an offence
    2. Those he has reasonable grounds to suspect of committing/about to commit an offence
    3. Those he has RG to suspect already has committed a definite offence
    4. Those he has RG to suspect already has committed a suspected offence
  36. 36If the constable is to arrest someone, it MUST be necessary to arrest them for any one or more of what (5) reasons? (RB 12)1. Obtain the name/address of suspect
    2. Prevent suspect doing something else unlawful
    3. Protect someone
    4. Allow investigation of case
    5. Prevent suspect getting away
  37. 37A civilian can only arrest a person if what (4) circumstances apply?1. The person HAS committed an offence or is IN THE ACT OF committing an offence
    2. The offence is INDICTABLE-ONLY
    3. A constable cannot do it instead
    4. Arrest is necessary to prevent the person in question from: causing phys. inj.; or suffering phys. inj.; or causing crim. damage; or getting away
  38. 38A warrant is normally issued by X after having heard an application from Y. The suspect must be [what age] (RB 13)A warrant is normally issued by MAGISTRATES after having heard an application from a POLICE OFFICER. The suspect must be OVER 18.
  39. 39D has not attended trial or has not answered bail. What countermeasure may the court take?The court may issue a BENCH WARRANT
  40. 40What are the two types of bench warrant?1. Backed for bail: D will be arrested but then released on bail
    2. Not backed for bail: D will be kept in custody until he is brought before a court
  41. 41What constitutes an effective arrest (three options) (RB 13)1. Suspect is informed by officer that he is under arrest; and what for ASAP
    2. Suspect is physically seized; and informed what for ASAP
    3. Suspect is given a combination of words and conduct that make clear that force will be used to prevent him leaving
  42. 42What must be physically done with an arrestee after being arrested (2 options) (RB 13)1. POLICE STATION: Arrestee is taken to a police station as soon as practicable (unless it is reasonable to carry out other investigations first, e.g. search premises)
    2. STREET BAIL: Suspect is released on street bail i.e. released immediately but given time to report to a police station
  43. 43If detention is going to exceed X, then the suspect should be taken to a designated Y. T or F: The police cannot arrest a suspect for a minor offence so that the suspect may be interrogated for a more serious offence.If detention is going to exceed SIX HOURS, then the suspect should be taken to a designated POLICE STATION.
    FALSE: A 'holding charge' is acceptable so that the suspect may be arrested for a minor offence but then interrogated for a serious offence
  44. 44What condition must be met for a holding charge to be considered legitimate?For a holding charge to be legitimate, the suspect must have been liable to legal arrest at the time the charge was made.
  45. 45Describe the process of ARREST AND CHARGE (4 steps) (RB 14)1. D is arrested for an offence
    2. D is interviewed at police station
    3. If evidence is sufficient then D is charged with an offence at station
    4. D is then either kept in custody to appear before a court; or bailed to appear before court on a specified date to answer the charge
  46. 46Describe the process of WRITTEN CHARGE AND REQUISITION Who can use the WC&R process? T or F: D must be arrested first before a valid WC&R may be served (RB 14)1. D receives a written notice that he is being charged with an offence (the written charge), which gives D a date to appear before the MC
    2. The WC&R process an only be used by PUBLIC PROSECUTORS
    F: WC&R may be used whether D was arrested or not
  47. 47Describe the process of an INFORMATION & SUMMONS (RB 15)1. Prosecutor LAYS AN INFORMATION (serves a doc. on CT or makes oral presentation) setting out the accusation
    2. CT, if satisfied with the information, will issue either:
    3. A summons for D to appear before MC and answer the information; or
    A warrant for D's arrest
  48. 48Information and Summons is used for what kind of offences?DRIVING MATTERS (and other minor matters where D was not caught at the scene)

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N/a Red Book Flashcards on RB Ch. 1 & 2, created by item1388 on 26/07/2015.
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