Additional Cards To Criminal Law In Practice Flashcards
(40 cards)
What is the obligation of the prosecution regarding ‘used’ material?
To provide the defence with information that identifies the case intended to be used against them at trial.
‘Used’ material refers to evidence or information that the prosecution plans to present in court.
What is ‘unused’ material in the context of prosecution obligations?
Material that may assist the defence case but is not intended to be used against the defendant at trial.
‘Unused’ material can include evidence that supports the defendant’s position.
What document is prepared by the police in magistrates’ court cases when a defendant is likely to plead not guilty?
Streamlined Disclosure Certificate.
This certificate outlines the potential unused material relevant to the case.
What is the name of the schedule prepared in Crown Court cases by the police disclosure officer?
MG6C.
The MG6C schedule details the unused material and is reviewed by prosecutors for disclosure decisions.
True or False: The prosecution is only obligated to disclose ‘used’ material.
False.
The prosecution must also provide certain ‘unused’ material that may assist the defence.
Fill in the blank: In magistrates’ court cases, the police should prepare a _______ when the defendant is likely to plead not guilty.
Streamlined Disclosure Certificate
This document helps identify unused material at the outset of the case.
What is the prosecution’s duty regarding evidence?
To provide the defence with a list of evidence that might undermine the prosecution case or assist the defence case.
This includes any evidence they have or are aware of.
What ongoing duty does the prosecution have?
To review their evidence and apply the test to any material they become aware of before or during the trial.
This ensures that all relevant evidence is considered.
Under what circumstances can the prosecution withhold disclosure of evidence?
When the material is sensitive, such as endangering national security.
In such cases, they must make a public interest immunity application to a court in private.
What must the prosecution do after complying with initial disclosure obligations?
The defence must set out their case.
This follows the disclosure of ‘unused’ material.
Fill in the blank: The prosecution must apply the test to any material they become aware of _______.
before or during the trial.
True or False: The prosecution can withhold all evidence without justification.
False.
They must justify withholding sensitive material through a court application.
What can the failure to produce a defence statement lead to?
Adverse inferences being drawn against the defendant
What can happen if the defence fails to identify which witnesses they will call?
Adverse inferences may be drawn against the defendant
In the magistrates’ court, what must the defence disclose?
Intended witnesses
Is the defence obliged to issue a defence statement in the magistrates’ court?
No
What may assist the defence in obtaining further unused material?
Issuing a defence statement
What could a defence statement invite a review of?
What could reasonably undermine the prosecution case or assist the defence case
Can an interview take place in a suspects cell and if they do not consent?
Yes, PACE Code C recommends that interviews take place in an interview room that is well-lit. However, an interview does not have to be conducted with the suspect’s consent and, if necessary, can be done in the cell room if the suspect refuses to be taken to the interview room. The interview must still comply with PACE Code C: done under caution, sufficient disclosure given, asked if the suspect wants a solicitor present etc.
Blackletter law rule: under PACE Code C, a lawful interview can be conducted without the suspect’s consent (so, for example, in a police cell).
On what grounds can a confession be rendered inadmissible?
Two likely grounds here: unreliability under s76 and breaches of PACE causing the confession under s78. Under s76, a confession can be excluded if it is “unreliable”. A confession can be rendered unreliable where the police induce a suspect to give a confession by bribing them; the police have done this here by saying that D will only get to leave the car if they say what they were doing in the town, which the suspect does to get out. Under s78, a breach of PACE can render a confession inadmissible if that breach caused the confession. The interview is not conducted at a police station, with a solicitor present and no caution is given. These are serious breaches, and will likely render the confession inadmissible. Blackletter law rule: a confession can be excluded under the grounds in s76(2) PACE (oppression and unreliability (such as bribing the suspect)) and s78 PACE (unfair or prejudicial to the proceedings – used when there has been a serious breach of PACE, such as conducting an unlawful interview when getting the confession).
In what basis can a decision be appealed from the high court and what court is next for point of appeal?
Appeal by way of case stated is used to appeal on points of law – legal errors the defendant (or CPS) alleges the magistrates (can be Crown Court) made, or that the sentence was beyond the MC’s powers. The case is heard in the Administrative Court of the High Court. If the High Court rules against the defendant, then the conviction stands. If it agrees, then they will send down their decision to the MC to apply the law as directed by the HC. But if the HC does disagree with D, D can appeal straight to the Supreme Court. To do so, they must have a case of general public importance. Nevertheless, that is why E is correct because that is the correct potential route for the defendant.
Blackletter law rule: an appeal from the High Court on an appeal by way of case stated that the High Court has turned down can be made to the Supreme Court if it is a case of general public importance.
Unde what law may a jury draw an adverse inference if a defendent fails to mention a statement which they later want to rely on?
Failure to mention something at interview (provided it is a lawful interview) which you later rely on in trial, where it was reasonable for you to have mentioned that fact, can result in the jury drawing an adverse inference. This is under section 34 of the Criminal Justice and Public Order Act 1994 and it is one of the sections of statute that you need to know for the SQE. It is irrelevant if it is the barrister that raises this defence.
Blackletter law rule: section 34 CJPOA 1994: If the defendant: is under caution (meaning is being interviewed) before being charged; the questions which were not answered were posed in an attempt to discover whether or by whom the offence had been committed and relate to criminal proceedings only; fails to mention any facts which he then relies on in his defence in court; and in the circumstances at the time of the interview he could reasonably have been expected to mention those facts. This means it must have been unreasonable to have been silent during the interview.
What is the bad impression gateway ?
- Defendant gives a false impression of themselves:
If a defendant (the person on trial) presents themselves in a misleadingly positive way—for example, by implying they are honest, law-abiding, or peaceful—then: - The prosecution can respond:
The prosecution is allowed to “rebut” (challenge) that false impression by introducing evidence of the defendant’s bad character. This might include things like past convictions, bad behaviour, or dishonesty, to show that the defendant isn’t as good as they claimed.
This is known as the “false impression” gateway—one of the permitted reasons to bring in bad character evidence.
Important Limitation:
“A co-defendant cannot seek to admit evidence under this gateway.”
This means that only the prosecution can use this specific rule (the “false impression” gateway).
A co-defendant—someone else on trial in the same case—cannot use this rule to bring in evidence of the other defendant’s bad character, even if they think the person is giving a false impression.
