Chapters 1-5 Flashcards
(20 cards)
If a guilty plea has been entered at the first stage of proceedings, what is the defendant entitled to?
Sentencing discount of 1/3
How do you address a lay bench and a district judge in the magistrates court?
Lay bench - sir, madam, your colleagues, your worships.
District judge - judge
A defendants indication of plea at the plea before venue, determines what?
Whether an either-way offence will be heard.
What are the 7 principles on how a solicitor must act?
- Uphold the constitutional principle of the rule of law and administration of justice.
- Uphold public confidence.
- Independence.
- Honesty.
- Integrity.
- Equality, diversity, inclusion.
- Best interests of the client.
What will happen if there is a conflict between principles on how a solicitor must act?
Principles which safeguard the wider public interest takes precedence over individual clients interest.
Solicitor is required to inform their client of the circumstances in which their duty to the court outweighs their duty to the client.
What are the 4 types of admissible evidence?
Oral
Documentary
Hearsay
Real
What does the judge and jury determine in a jury trial?
Judge - all questions of law.
Jury - all questions of fact.
How does the prosecution and defence evaluate the evidence of a case?
Prosecution bases their evaluation on the evidence generated by the police station.
Defence relies on pre-trial disclosure of evidence from the prosecution and any evidence obtained from the police station.
What is the difference between used and unused material?
Used - evidence that will assist the prosecution.
Unused - evidence which does not assist the prosecution and may assist the defence.
What are the disclosure obligations on the defence?
All evidence gathered as part of the defence investigation is protected from disclosure by legal professional privilege.
Trials on indictment- defence must serve a defence statement setting out the basis of their defence.
What 6 offences are indictable?
Murder
Manslaughter
Wounding or causing GBH with intent
Robbery
Aggravated criminal damage (arson)
Any indictable offence charged as an attempted crime
What are the 7 offences that can be triable either way?
- Assault occasioning GBH
- Wounding or inflicting GBH
- Theft - only summary if the value is below £200
- Burglary
- Simple criminal damage over £5000 or where the offence is committed by destroying or damaging a memorial
- Arson unless aggravated.
- Any either way offence charged as an attempted crime.
What are the 3 offences that are summary only?
Simple criminal damage less than £5000 unless it’s destroying or damaging a memorial.
Common assault.
Shop theft less than £200.
When is voluntary intoxication not used as a defence and when can it be used?
Not an offence to a basic intent crime.
Can be raised as a defence in a specific intent crime.
Can involuntary intoxication be used as a defence?
Yes, provided the defendant lacked mens rea.
Drunken intent can still constitute intent whether the intoxication is voluntary or involuntary.
It is irrelevant whether the offence is specific or basic intent.
In what situations can you use self-defence?
Self defence and defence of another.
Defence of property.
Prevention of crime.
Lawful arrest.
When will self-defence succeed?
If it was necessary for the defendant to use the force.
If that force was reasonable or proportionate in the circumstances as the defendant understood them to be.
What must the defendant do to be charged with inchoate liability? (Attempted crime)
Must do an act that is more than merely preparatory and have the intent to commit that offence.
Relevant factors include what steps have already been taken to bring about the offence and how much was left for the defendant to do in order to commit the full offence.
What is accessorial liability?
Someone who is a secondary party that aids, abets, counsels or procures the commission of an offence by the principal offender.
A secondary party can be prosecuted and punished as if they were a principal offender.
Can sexual infidelity amount to a qualifying trigger for loss of control?
No but can amount to as part of the context in which to evaluate another trigger.
