Flashcards
Criminal Practice
Cards in this deck (57)
- 1When is delay in accessing legal advice permitted?1) when suspect is arrested on an indictable only or either way offence
2) a police officer of the rank if superintendent or above has authorised the delay in writing
3) the officer has reasonable grounds to believe that exercise of the right will lead to interference with evidence, others, alerting other suspects,or hindering recovery of property related to the offence. - 2What is the maximum period the right to legal advice can be delayed?36 hours
- 3When identification procedures must be held?1) witness has identified or purported to identify a suspect
2) witness expresses an ability to identify suspect
3) there is a reasonable chance of a witness being able to identify a suspect - 4For indictable only matter, how soon is the defendant likely to have his first Crown Court hearing?Within 14 days of being sent if the trial is likely to last more than 4 weeks.
- 5What are the factors to determine whether a preliminary hearing will take place within 14 days of being sent?1) if the trial is likely to last more than 4 weeks
2) there are case management problems to address
3) an early trial date is needed
4) one of the defendants is under 18
5) there is likely to be an early guilty plea - 6When can the court refuse an application for bail?1) if there is an exception to the right to bail
2) there is a real prospect of a custodial sentence being imposed if convicted - 7Which matters do a Crown Court deals with?1) indictable only offences
2) either way offences when the Magistrate's Court has declined jurisdiction or when the defendant has elected Crown Court trial
3) either way or summary offences which are related to another offence being heard by Crown Court, if it is punishable by imprisonment
4) appeals against conviction and sentence from Magistrate's Court. - 8What are the benefits of electing trial in Magistrate's court?Limited sentencing powers, speedier justice, less stringent disclosure requirements for defence.
- 9From which factors can adverse inference be drawn?- failure to answer questions in interview
- failure to reply to charge only
- failure to give evidence only
- an object in defendant's possession
- a substance or mark on the defendant's body
- defendant's presence at the crime scene - 10What reflects the burden of proof in a criminal trial?The prosecution has the burden of proof to prove guilt beyond reasonable doubt
- 11What is the maximum custody time limit?Upto 96 hours from time of arrival at the police station
- 12After a suspect is arrested for an either way or indictable offence, for how long may the police delay the suspect's access to legal advice?Up to 36 hours if the delay is approved in writing by an officer of the rank of superintendent or higher
- 13When may a suspect's right to have a friend or relative notified of their arrest be delayed?- the suspect is arrested an either way or indictable only offence
- a police officer of the rank of inspector or higher approves delay
- there are reasonable grounds to believe exercise of the right will lead to interference with evidence, interference with others, alerting other suspects, or hindering recovery of property related to offence
- delayed upto 36 hours - 14For how long may a suspect be kept in custody without being charged if the grounds for extension are not satisfied?For upto 24 hours
- 15Group identificationWitness sees suspect in an informal group, with or without suspect's consent
- 16Identification paradeSuspect and at least 8 others appear in a line
- 17ConfrontationA one-on-one identification
- 18Video identificationMoving images of suspect and at least 8 others are shown. It must be shown at least twice.
- 19Under PACE Code D, if there is a breach of rules regarding identification procedures, what are the consequences?The court may exclude evidence from trial if its admission will have an adverse effect on fairness
- 20What are the cautions that must be given to suspect?- Anything they say will be taken down in evidence and may be used against them st trial.
- they have a right to silence and are under no obligation to answer questions
- a failure to mention something during interview that they could reasonably have been expected to mention can give rise to an adverse inference by the court at trial - 21What options are available to a suspect during police interview?- to answer the questions asked
- to decline to answer the questions being asked
- to make a handwritten statement setting out their account of what happened - 22What are the grounds for denying a defendant bail?- there are substantial grounds for believing the suspect will fail to surrender, will commit further offences whilst out on bail, or will interfere with witnesses
- they are charged with a serious offence which was committed whilst out on bail
- they failed to surrender or breached bail conditions in the same proceeding - 23What is the standard for determining whether a condition placed on bail is appropriate?Whether it is:
- relevant
- proportionate
- enforceable - 24How many times may a bail application be made based on the same facts and submissions?Two applications
- 25What is the time maximum penalty for single and multiple either way offences decided by Magistrates' Court?6 months imprisonment for single offence
12 months imprisonment for multiple either way offence - 26How long will the prosecution be given to serve its evidence and notice of any intention to adduce bad character evidence?28 days
- 27How long does the defence have to serve its defence statement?14 days
- 28How long does the defence have to notify the prosecution which witnesses are required to attend trial?7 days
- 29When must the parties serve certificates of readiness for trial?Not less than 7 days before trial
- 30In a case being heard before the Crown Court, when is the plea and trial preparation hearing held?Within 28 days after the case was sent from Magistrates' Court
- 31What is arraignment?It is a court proceeding in which the defendant enters their plea
- 32In Crown Court, what is a 'Goodyear' indication?An indication before entering a plea of the sentence the court is likely to impose
- 33When must thr defence serve its defence case statement?Within 28 days after the prosecution has made disclosure
- 34Who has the burden of proof in s criminal case and what is the burden?The prosecution has the burden of proving the defendant's guilt beyond reasonable doubt
- 35Turnbull GuidelinesA guide setting out factors for determining the reliability of identification evidence used when a case will substantially depend on identification evidence. Turnbull warnings relate to the identification of people, not objects or cars.
- 36What factors must be satisfied in order for a business document to be adduced at a criminal trial?- the document was created or received in the course of trade, business, profession
- if the information in the document was received from other persons, it was done in the course of trade, business, profession
- the person who supplied the information may reasonably be supposed to have personal knowledge of the matter in the document - 37Events in Crown Court trial1) Prosecution's opening speech
2) Defendant calls witnesses
3) Prosecution calls witnesses
4) Jury delivers verdict
5) Judge sums up evidence - 38Suspended sentenceThe defendant qualifies for s custodial sentence, but the judge chooses to release the defendant with the caveat that they will be incarcerated if they break a condition of the suspension
- 39What is the longest sentence which can be suspended by the Magistrates' Court and the Crown Court for a single offence?Magistrates' Court: 6 months
Crown Court: 2 years - 40How long does a defendant have to lodge an appeal from the Magistrates' Court to the Crown Court?21 days from the conviction or sentence
- 41From whom may leave to appeal from a Crown Court Conviction be obtained?From the Crown Courtvor the Court of Appeal
- 42If a defendant seeks leave to appeal from the Court of Appeal how long does the defendant have to lodge the appeal?28 days from the conviction or sentence
- 43What are the factors for a conviction that may be deemed unsafe?- if evidence was wrongly admitted or excluded
- trial judge demonstrated bias
- discretion was wrongly exercised
- there were problems in summing up or with the jury - 44Grave crimeAn offence punishable by imprisonment for 14 years or more in adult court
- 45For how long may a youth rehabilitation order be in place?For no more than 3 years
- 46What is the maximum hours for unpaid work for youth rehabilitation order?Upto 240 hours within one year
- 47What is the maximum duration of a detention and training order with respect to Youth Court sentencing?2 years
- 48When can a defendant appeal from Crown Court against sentence to the Court of Appeal?The appeal can be made on the basis that:
- the sentence is wrong in law
- wrong in principle
- or manifestly excessive - 49Summary, Either Way, Indictable Offences Table
- 50Which category of age is subject to detention and training order and on what grounds?Age 12-14: Order is available only for persistent young offenders (sentenced on three occasions for an offence punishable by imprisonment)
Age 15-17: an order can be imposed on any offender as long as the case is so serious that only a custodial sentence is justified. - 51When does a defendant's spouse/civil partner have to give evidence at trial?For the prosecution, the defendant's spouse or civil partner is competent but not compellable unless the offence involves assault, injury, or threat of injury to them or a child under 16; a sexual offence on a child under 16; or attempting, conspiring, aiding, or abetting those offences. For the defendant, their spouse or civil partner is competent and compellable (unless they are jointly charged).
- 52Are leading questions allowed in examination in chief?No. Leading questions are not permissible during examination in chief, unless they are regarding issues which are not disputed.
- 53What is the test to judge in favour of good character?If the defendant has no previous convictions, they are entitled to a good character direction. This consists of two parts: the propensity direction and the credibility direction. The propensity direction is that a person of good character is less likely to have committed this offence. The credibility direction is that a person of good character is more likely to be credible when they assert their innocence either before or during trial.
- 54Newton hearingA Newton hearing takes the form of a trial in which witnesses are called to give evidence. If the hearing is settled in the prosecution's favour, the defendant will lose any credit for the guilty plea. If the hearing is settled in the defendant's favour, the defendant will retain any credit for guilty plea
- 55What are the conditions for hearsay evidence to be admissible?A witness is considered unavailable if they are:
1) unfit owing to bodily or mental condition
2) outside of the UK and it is not reasonably practicable to secure their attendance
3) or too fearful to give evidence. - 56How will the court decide whether to exclude defendant's previous convictions?When evidence is sought to be adduced under the gateways of 'an important matter in issue between the prosecution and defence' or 'the defendant attacked another's character'-the court must not admit the evidence if:
(1) the defence make an application to exclude it, and
(2) it appears to the court that the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court must not admit it. - 57Voire direIn the Crown Court, judges decide matters of law in absence of the jury in a hearing called a voir dire.
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- Flashcards on Criminal Practice, created by Nazneen Iqbal on 20/10/2022.
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- Nazneen Iqbal
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