Chapter 1 Flashcards
1
Q
Caution
A
you do not have to say anything. but it may harm your defense if you do not mention, when questioned something you later rely on in court. anything you do say may be given as evidence, do you understand?`
2
Q
when to give the caution
A
- suspected of committing an offence
- identifies themselves as a suspect
- arrested
- during an interview
3
Q
when to give the caution in an interveiw
A
- before they are asked questions
- returning from a break
- before they are informed the case is referred to DSG
4
Q
common law
A
part of English law derived from custom and judicial precedent rather than statutes.
5
Q
statute law
A
a written law passed by a legislative body
6
Q
criminal law
A
a system of law concerned with the punishment of offenders
7
Q
civil law
A
the system of law concerned with private relations between members of community rather than criminal, military or religious affairs.
8
Q
case law
A
the law as established by the outcome of former cases
9
Q
where do people go if they believe their human rights have been violated and cannot claim through national legal system?
A
european court of human rights, i.e strasbourg court.
10
Q
what does the rule of law mean?
A
the restriction of the arbitrary exercise of power by subordinating it to well defined and established laws.
11
Q
what is the appeal system?
A
- CO’s summary dealing
- summary appeal court
- supreme court
- ECHR
12
Q
what’s the difference between what the defence can appeal against and what the prosecution can?
A
Defence can appeal against sentence and conviction
prosecution can only appeal against the sentence.
13
Q
trial on indictment
A
- a formal statement of accusation
- serious offences
14
Q
summary trial
A
- without Jury or board
- less serious service offences
- CO can apply for higher authority for direction if needed
15
Q
definition of crime?
A
an action or omission which constitutes an offence that is punishable by law
16
Q
what is actus reus?
A
- “The guilty act”
- act of commision
- act of omission
17
Q
Act of commision
A
doing something that the law forbids
18
Q
Act of omission
A
failure to do something that the law requires you to do.
19
Q
Mens Rea
A
the guilty state of mind. i.e criminal intent
2 constituent parts - voluntas and foresight
20
Q
what is voluntas?
A
part of mens rea to satisfy it must show; -voluntary act -not under duress -had conscious control
21
Q
what is forsight?
A
showing that there is thought in thier conduct.
shown through inent and recklessness
22
Q
what is intent?
A
deliberate objective to commit the crime
23
Q
what is the aid to establish intent?
A
M-motive O- opportunity P-preparation S- subsequent conduct sct 8 criminal justice act 1967 mus be kept in mind
24
Q
malice
A
the desire to harm someone, ill will
25
recklessness
conscious taking of an unjustified risk.
26
absolute offence
does not have to require the mens rea for the offence to have been committed. i.e drink driving, speeding.
27
when are you guilty of conspiracy?
as soon as you agree to commit an offence regradless of intent.
28
what is a principal offender?
the person who carried out the main part of a criminal act.
29
secondary offender
someone who aids, abets, councils or procures the offence. s8 A&A 1861
30
s8 accessories & abettors act 1861
provides authority for anyone who aids, abets, councels or procures to be tried and punished as a principle offender.
31
s41 armed forces act 2006
same as s8 but for anyone subjec to service law.
32
exemptions: what is the minimum age to be able to commit a crime.
10 years old.
| under this age = curfew or safety order
33
exemptions: insanity
someone who is insane from birth can not commit a crime.
| they must prove insanity.
34
exemptions: corporations
not everyone in the corporation may be involved in the crime.
each member may have their own liability, in which they can be charged.
35
exemptions: foreign diplomats
immune from juristiction of british court
extends to family of thier househould
only during their duty.
36
exemptions: sovereign
no court has the power to try the sovereign
37
general defence :involuntary intoxication
consuming alcohol or drugs against their will.
38
general defence: voluntary toxication
not usually a defence but eg in theft - so affected they were unable to form intent.
39
general defence: self defence
if the person is threatened or attacked, they may use necessary force in order to defend themselves. Only if force is reasonable
40
general defence: use of force in prevention of crime
if reasonable force is used in order to place someone in arrest, you are justified in your actions
41
general defence: mistake
makes an honest mistake leading to an offence.
42
general defence: duress by threats
must be threats of physical violence. so grave that any other person in their position would do the same.
43
general defence: duress by circumstance
acting to prevent death of themselves/others
| e.g person drives dangerously to avoid death/ serious injury.
44
general defence: necessity
commiting a crime to prevent a more serious crime.
| e.g breaking a window to stop a fire.
45
general defence: insanity
didnt know what they were doing, or they did but didnt know it was wrong.
46
general defence: automatism
an involuntary act
| an act commited whilst a person was concussed/sleep walking may be excused from liability.
47
assisting offender
anyone who impedes apprehension or prosecution. i.e prevents them getting caught.
48
what are the exemptions
```
FIICS
F-foreign diplomats
I-infants and young children
I- insane persons
C-corporations
S-sovereign
```
49
what are the general defences
```
AIMISDUN
A-automatism
I-insanity
M-mistake
I-involuntary intoxication
S-self defence
D-duress
U-use of force in prev. of crime
N- necessity
```
50
recklessness examples
taking unjustified risk- RV Cunningham 1857 - gas meter
| disregard for a known unacceptable risk - RV G&R 2003 - co op arson, newspaper
51
law reports
report of court results
52
what are the 3 stages of statute law
whittehall
westminster
post legislative
53
s1 criminal attemts acts 1981
if you prepare to break the law you are guilty of attempting to commit the offence.
54
human rights act 1988
allows you to defend your human rights in court
55
1st principle of rules of evidence
anything said must be proved with evidence
56
2nd principle of ROE
evidence must be
relevant - prove/ disprove a fact
admissible - relevant and allowed by the judge
57
3rd principle of ROE
accused persons must be treated fairly throughout
58
testimonial evidence
verbal or written statement of a witness under oath
59
documentary evidence
production of written material for inspection by the court. primary & secondary
60
primary evidence
original artifact
| best evidence
61
secondary evidence
copy or oral account.
62
when can secondary evidence be used?
when the original is;
unnecessary
inexpendent (impracticable to produce original)
impossible (og is lost or destroyed)
63
real evidence
the production of all other forms of physical evidence. but must have other evidence to connect to fact.
64
direct evidence
something physically or mentally experienced by the person who relates it. does not resort to assumption or inference.
65
indirect (circumstantial) evidence
evidence that tends to establish a conclusion by inference. Could be disproved.
66
primary/ best evidence
an original document is better than a copy. a description from a witness is better than someone who heard what happened.
67
presumptions
a conclusion which shall be drawn from particular facts. they are irreputable or reputable .
68
rebuttable presumptions
an assumption that can be disproved due to other evidence.
69
irrebuttable presumption
a presumption/ assumption that cannot be overturned by evidence.
70
inference
conclusion reached by the jury on the basis of evidence and reasoning.
71
judicial notice
facts that cant be disproved such as measurement of weight or height.
72
burden of proof
persuasive burden and evidential burden.
73
persuasive burden
innocent until proven guilty
74
evidential burden
responsibility to prove a piece of evidence is fact
75
fact
something that is known to have happened or can be proved.
76
facts in issue
the things that must be proved:
the identity of accused
whether they committed the offence
can defence disprove a guilty plea.
77
facts which supply motive
| circumstantial evidence
reason why they would have committed the crime. determines presence or absence of mens rea.
78
facts which show preparation
indicates presence of mens rea.
79
facts which form part of the same transaction
different pieces of evidence that lead to the same conclusion.
80
subsequent conduct and acts done in consequence
hiding evidence to make you less likely of a suspect
81
facts in issue must:
be presented as accurately as possible in order for full understanding of the debate
82
inadmissible facts
evidence that is obtained through illegal processes
83
witness evidence
hearsay
confession
dying declarations
statements made in the course of duty or business
statements made about mental or bodily feeling
84
hearsay
the report of another persons word by a witness.
| inadmissible and can be challenged
85
when is a confession inadmissible?
when under oppression
| when unreliable due to circumstance
86
exceptions in using evidence of bad character
s101 criminal justice act 2003
87
competent witness
someone who can understand whats being asked of them and people can understand their answers
88
compellable witness
a competent witness can be made to attend court or give evidence.
89
when can partners be used as a competent and compellable witness
Police and Criminal Evidence act 1984
when they are separated
if both charged, only when one pleads guilty.
90
corroboration
evidence which confirms a statement by backing it up. i.e multiple statements about the same offence.
91
source of service law
armed forces act 2006,11 and 16.
| MSL
92
provost officer
an officer who is a service policeman
93
persons subject to service law (PSSL)
s.367 AFA 06
94
civillians subject to service discipline (CSSD)
s.370 AFA 06
95
dying declaration
will be accepted as evidence as long as the person knew that they were dying .
96
statements made in course of duty
things said or done whilst on duty linking to the offence
