CLP

Question 1

Appeal from Mags to CC (time limit, contents, service)

Answer 1

Deadline: 15 business days of SENTENCE
Contents: Specify conviction and grounds of appal
Serve on: Mags and P (not CC)

Question 2

Deadline for responding to application to introduce bad character evidence

Answer 2

not more than 10 business days after receiving the notice

Question 3

Is a confession hearsay?

Answer 3

Yes, but confessionas are admissible under the exception to the hearsay rule

Question 4

Bail Appeals

Answer 4

• 2nd attempt in Mags: no earlier than 1 week later
• Appeal to CC(notice of application to CC, Mags and P) ASAP

Question 5

When is a case management form completed?

Answer 5

First hearing in all cases where D pleads not guilty

Purpose is to identify issue snad prepare for trial

Not required if pleads Guilty

Question 6

operational period for a suspended sentence

Answer 6

6 months - 2 years

Question 7

When does duty not to mislead the court begin?

Answer 7

At the police station (i.e. you cannot allow client to lie during police interview otherwise in breach)

Question 8

Considerations at Allocation Procedure for either-way offence

Answer 8

P can make reps about previous convictions

Both parties can make reps about venue

Sentencing Guidelines

Question 9

Appeal from CC

Answer 9

• Conviction or sentence
• Submit notice of appeal + grounds for appeal

Within 28 days of conviction or sentence

Question 10

Adverse inferences after charge

Answer 10

s34 (fail to mention something later rely on) does not apply after charge. Therefore, if interviewed after being charged and refuses to answer questions, no adverse inferences can be drawn.

Question 11

Statute references for adverse inferences

Answer 11

s34: failure to mention something later rely on in court
s36: failure to account for item in possession
s37: failure to account for presence

Question 12

Excluding confessions

Answer 12

s78: May be excluded if admitting confession would have such an adverse effect on the fairness of proceedings the court ought not to admit it

s76 if D argues the confession is unreliable (things said or done / breach of PACE) or obtained through oppression (A3 or threat of violence) the court will only permit confession to be given in evidence if P can prove beyond reasonable doubt the confession was not obtained unreliably or through oppression.

Question 13

Bail

Answer 13

Preumption in favour of bail.

No bail (remanded) ONLY if SUBSTANTIAL grounds for believing one of the relevant outcomes may occur

Question 14

treatment of low value shoplifting

Answer 14

Treated as a summary only offence UNLESS D elects CC trial

Question 15

Detention permissions

Answer 15

24 hours
1. 12 hour extension by SI (max 36)
2. 36 hour exension by Mags (max 72)
3. 24 hour extension by Mags (max 96)

Max 96 hours from time of arrival

Question 16

When are special measures automatically granted?

Answer 16

Age

Question 17

Who takes a loss of time direction?

Answer 17

Single judge when deciding if leave should be granted

Question 18

Powers for dealing with a case where Y is 17 at first hearing but turns 18 before trial

Answer 18

1. Trial and sentence can be in Youth or Mags

Sentencing Powers are not limited to those available for a 17 year old (can sentence as an adult)

Question 19

Adverse Inferences - Blood on person?

Answer 19

comes under s36… failure to account for mark, object or substance on person or place at time of arrest

Arises automatically if D fails to account during interview provided given special warning (ordinary language caution)

Question 20

Requirements for DTO

Answer 20

Ordered if:
1. So serious
2. Pre-sentence report addresses custody as sentencing option
3. Y is 12 or older (if between 12-14 Y must be a persistent offender (i.e. 3 imprisonable offences in prior 12 months)

Note: term between 4-24 months and cannot be suspended.

Question 21

Assessing seriousness of offence

Answer 21

D’s culpability
Harm: caused, intended, foreseeable

Question 22

Right to delay informing someone of arrest

Answer 22

ONLY for indictable offences (not summary: battery or assault or CD under 5k)

Question 23

AA ability to request solicitor to attend

Answer 23

Even if D refuses LA, AA can still request sol attends. D can then refuse to consult.

Question 24

If D refuses legal advice, what should inspector do?

Answer 24

Record reasons in custody record
contact soliciotr
provide authority in writing for interview to proceed

Question 25

Requirement for adverse inference (overlooked)

Answer 25

D must be under arrest

Question 26

police disclosure duty at investigative stage

Answer 26

- custoy record - first description by eywitensses - nature of offence and why D is suspected

Question 27

what should be ignored when consider excluding confession evidence under s76

Answer 27

Drug withdrawal

Question 28

Means test CC

Answer 28

Capital assets are not taken into account

Question 29

can you still get legal aid if you plead guilty?

Answer 29

Yes. IoJ test includes: - loss liberty - lose livlihood - serious damage to reputation - substantial question of law - may not be able to understand - witnesses to be traced - cross examination - interests of another person - any other reason Automatically satisfied if trial at CC

Question 30

Contents of IDPC

Answer 30

If D is in custody: - summary of case -D's previous convictions If D was released on bail - Summary of case - D's previous convictions - Transcript or summary of D's interview - Witness statements which are available

Question 31

Appealing bail decision to CC

Answer 31

Apply to CC judge in writing App is reheard before a judge within 48 hours

Question 32

When will an allocation hearing take place

Answer 32

Only if D pleads NG, makes no indication or an equivocal plea

Question 33

When will burglary of a dwelling be treated as indictable only

Answer 33

D has committed 3 or more domestic burglarys since Nov 1999

Question 34

Special measure not available for victim of domestic violence against husband

Answer 34

Video played cross examination available measures include: - screens -live link - video of examination in chief - clearing people from court

Question 35

When are V's automatically entitled to special measures?

Answer 35

- sexual offence - murder if gun or knife was used

Question 36

preventing s35 adverse inference

Answer 36

mental condition makes it undesirable for D to give evidence. D must discharge evidential burden = submit suffiicnt evidence to pass the judge. Judge must then be of the view mental conditions means it is undesirable to give evidence. if so, judge can direct jury does not draw an adverse inference.

Question 37

process for establishing a witness is competenet

Answer 37

Presumption W is competent. If issue is raised: - party calling witness must establish on balance of probabilites that witness can understnd questions and give answers which can be understood. Judge determines

Question 38

When is cross examination recorded in advance availale as a special measure?

Answer 38

Child witness W has mental disorder, physical disability or sig impairment of intelligence and social function. Only avialable in CC

Question 40

When is multiple hearsay admissible?

Answer 40

1. All parties agree 2. the court is satisfied admission is in the interests of justice

Question 41

What might constitute sufficient grounds to appeal sentence?

Answer 41

failure to allow credit for guilty plea if D was entitled to a reduction.

Question 42

When will a conviction be unsafe

Answer 42

No other evidence to support conviction (i.e if woudl have still be found guilty despite misdirection, appeal is likely to be dismissed) if there is a misdirection, CoA may still dismiss her appeal.

Question 43

when can Mags sentence up to 12 months

Answer 43

2 or more either way offences (not summary only)

Question 44

No case to answer

Answer 44

P bears an evidential burden

Question 45

issues in PET

Answer 45

indicate D witnessses identify real issues

Question 46

attendance at summary trial

Answer 46

proceeds even if D is absent, unless is it contrary to interests of justice

Question 47

What happens if a jury cannot reach agreement

Answer 47

judge discharges jury and P determines whether there will be a re-trial.

Question 48

When does defence have right to mkae an opening speech

Answer 48

D intends to call witnesses in addition to D