CP Flashcards
1
Q
Q1: How is voluntary intoxication treated in the context of criminal liability, and can you provide an example?
A
A1: Voluntary intoxication is rarely accepted as a defense to negate mens rea, especially if the intoxication is from dangerous substances like alcohol or illegal drugs. Example: A person deliberately consumes a large amount of alcohol and assaults someone; they cannot use their intoxicated state to claim they didn’t have the intent to commit the assault.
2
Q
Q2: What are the key differences between trials in the Magistrates’ Court and the Crown Court, and can you provide an example?
A
A2: In the Magistrates’ Court, a panel or a District Judge decides on both matters of law and fact, while in the Crown Court, a judge decides on matters of law and a jury on matters of fact. Example: In the Crown Court, a judge may rule on the admissibility of evidence without the jury present, ensuring they only consider permissible evidence.
3
Q
Q3: Under what conditions can a suspect be detained without charge, and what is the maximum duration, including an example scenario?
A
A3: A suspect can be detained for an initial 24 hours, extendable to 36 hours by a superintendent, and further extended by the Magistrates’ Court up to a total of 96 hours for serious crimes, if necessary for investigation. Example: A robbery suspect is detained at 5 PM on Saturday, and with all extensions applied, can be held until 5 PM on Wednesday.
4
Q
Q4: What rights are safeguarded for suspects under the Police and Criminal Evidence Act 1984 (PACE), and can you give an example of one of these rights in action?
A
A4: Suspects’ rights under PACE include access to free legal advice, the right to inform someone of their arrest, and the right to silence, among others. Example: Upon arrest, a suspect exercises their right to free legal advice, consulting with a solicitor before a police interview.
5
Q
Q5: How is the entitlement to free legal representation at the police station determined, and can you provide an example of who would qualify?
A
A5: All suspects are entitled to free legal representation at the police station, regardless of their financial status or the severity of the alleged offense, ensuring fair access to legal advice. Example: A high-earning individual arrested for a minor offense is still entitled to free legal advice at the police station, emphasizing the universality of this right.
6
Q
MAGISTRATES COURT
A
MAGISTRATES COURT
* District judge or
* Panel of magistrates
7
Q
True or False:
Crown Courts are presided over by a district judge or a panel of magistrates
O (A) True
O (B) False
A
False
Magistrates’ Courts are presided over by a district judge or a panel of magistrates. Crown Courts are presided over by a judge who is the arbiter of all matters of law, and a jury decides all maters of fact.
8
Q
SUMMARY OnLY OFFENCES
A
SUMMARY OnLY OFFENCES
* Can be heard only in Magistrates’ Court
* Least serious offences
9
Q
INDICTABLE ONLY OFFENCES
A
INDICTABLE ONLY OFFENCES
* Can be heard only in Crown Court
* Most serious offences
10
Q
EITHER WAY OFFENCES
A
EITHER WAY OFFENCES
*
*
Can be heard in Magistrates
Court or Crown Court
More serious than summary only offences but less serious than indictable only offences
11
Q
What hears in Magistrates Court?
A
Summary only and either way offences can be heard in Magistrates’ Courts. Either way offences can also be heard in Crown Court, and indictable only offences can be heard in Crown Court only.
12
Q
SUSPECT’S RIGHTS
A
SUSPECT’S RIGHTS
Access to free legal advice
Right to notify someone of
arrest
Right to inspect police codes of practice
Right to silence
Right to be informed of reasons for arrest
Right to inspect documents
Right to information on time limits
13
Q
CUSTODY TIME LIMITS
A
CUSTODY TIME LIMITS
* 24 hours
12 hour extension with superintendent’s approval
14
Q
MAGISTRATES COURT
AUTHORISATION
A
MAGISTRATES COURT
AUTHORISATION
* Offence is indictable
* Reasonable grounds for believing further detention necessary to preserve or obtain evidence
* Investigation being conducted diligently and expeditiously
15
Q
- A suspect is arrested at 4 p.m. on Saturday on suspicion of robbery. They are detained and taken to the police station, where they arrive at 5 p.m.
The custody officer checks them into custody at 6 p.m. Until what day and what time is the longest the suspect can possibly be held, if all extensions are granted?
A
The suspect can be held for a maximum of 96 hours if all extensions are granted. Since the custody time starts when the suspect arrives at the police station, which is at 5 p.m. on Saturday, adding 96 hours brings us to 5 p.m. on Wednesday. So, the suspect can be held until 5 p.m. on Wednesday if all extensions are granted.
15
Q
CUSTODY TIME LIMITS
A
CUSTODY TIME LIMITS
* 24 hours
* 12 hour extension with superintendent’s approval
36 hour extension granted by
Magistrates’ Court
* 24 hour extension granted by
Magistrates’ Court
* Total: 96 hours
16
Q
- A suspect is charged with common assault. The suspect is a bonds trader and earns in excess of £500,000 per year. Is the suspect entitled to free legal representation at the police station?
* (A) Yes
* (B) No
A
yes
17
Q
WHEN ID PROCEDURE
MUST BE HELD
A
WHEN ID PROCEDURE
MUST BE HELD
* Witness identified suspect
*
*
Witness says they can identify suspect
Reasonable chance witness can identify suspect
18
Q
Q1: When are police required to conduct an identification procedure, and can you provide an example where it would be necessary?
A
A1: Police are required to conduct an identification procedure when a witness has identified or claims to be able to identify a suspect, or there’s a reasonable chance a witness could identify a suspect. Example: If a victim of a mugging states they could recognize the assailant’s face if seen again, an identification procedure would be necessary.
19
Q
Q2: What are the different types of identification procedures, and can you describe one of them with an example?
A
A2: The four types of identification procedures are video identification, identification parades, group identifications, and confrontations. Example of video identification: A witness is shown moving images of the suspect along with eight or more others to identify the suspect from the video lineup.
20
Q
Q3: What rights does a suspect have regarding identification procedures, and can you give an example of a safeguard in place?
A
A3: Suspects have the right to legal advice, to be informed of the procedure’s reason, and to not cooperate (though this can be used against them at trial). Example of a safeguard: If a suspect is part of a lineup, any distinguishing features must be concealed, and both the suspect and their solicitor have the opportunity to raise reasonable objections to the lineup composition.
21
Q
Q5: Under what circumstances can a defense representative be removed from an interview, and can you provide an example of inappropriate behavior that might lead to this?
A
A5: A defense representative can be removed from an interview if they overstep their role, such as by telling the suspect what to say or answering questions on behalf of the suspect. Example of inappropriate behavior: A defense lawyer repeatedly interrupts the interview to coach the suspect on how to respond to questions, despite warnings from the interviewing officer.
22
Q
Q4: What are the key rights of a suspect during a police interview, and can you explain the significance of one of them with an example?
A
A4: A suspect’s key rights during a police interview include the right to legal representation and the right to remain silent. Significance of the right to remain silent: If a suspect chooses to remain silent during the interview, this can lead to an adverse inference at trial if they later present a defense they could have mentioned during the interview.
23
Q
TYPES OF IDENTIFICATION
PROCEDURES
A
TYPES OF IDENTIFICATION
PROCEDURES
* Video identification
* Identification parade
* Group identification
Confrontation
24
Match each identification procedure with its description in the table below:
Identification Procedures
A – Confrontation B – Group identification C – Identification parade D – Video identification
Description Identification Procedure
1. The witness sees the suspect in an informal group.
2. The suspect is brought before the witness who is asked whether the suspect is the person they saw.
3. Moving images of the suspect and others are shown to the witness.
4. The suspect and others appear in a line.
The witness sees the suspect in an informal group. - B – Group identification
The suspect is brought before the witness who is asked whether the suspect is the person they saw. - A – Confrontation
Moving images of the suspect and others are shown to the witness. - D – Video identification
The suspect and others appear in a line. - C – Identification parade
25
SUSPECT'S RIGHTS IN
INTERVIEW
SUSPECT'S RIGHTS IN
INTERVIEW
* Right to legal representation
* Right to remain silent
26
CAUTION GIVEN TO SUSPECT
CAUTION GIVEN TO SUSPECT
"You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court.
Anything you do say may be given in evidence."
27
SPECIAL CAUTION
SPECIAL CAUTION
Used when suspect asked to account for specifics at time of arrest
28
True or False:
Before a police interview, a suspect must be warned that it may harm their defence if they do not mention something that is later relied on in court.
O (A) True
* (B) False
True
Before a police interview, a suspect must be warned that they have the right to remain silent but that it may harm their defence if they do not mention something that is later relied on in court. The suspect must also be warned that anything they do say may be given in evidence.
29
The interviewing officer must give a special caution before the officer asks about the suspect's presence at the scene of the offence or:
* (A) The suspect's alibi witnesses.
O* (B) A weapon found at the scene of the offence.
* (c) The suspect's past criminal history.
* (D) An object, substance, or mark found on the suspect at the time of the arrest.
D
The interviewing officer must give a special caution before asking the suspect about their presence at the scene of the offence or asking about an object, substance, or mark found on the suspect at the time of arrest. An adverse inference may be drawn if the suspect fails to provide an account that they later rely upon in court.
30
SUSPECT'S OPTIOnS
SUSPECT'S OPTIOnS
*
*
Answer questions
Decline to answer questions
Give written statement but answer no further questions
31
A man witnesses a burglary from their bedroom window at the property opposite their house. The man recognises the burglar as being someone who works at the local corner shop who they see every week when they buy items. The corner shop worker denies being the perpetrator. Should an identification parade be held?
No
32
A man witnesses a burglary from their bedroom window at the property opposite their house. The man recognises the burglar as being an old school friend who they haven't seen for five years. The school friend denies being the perpetrator. Should an identification parade be held?
Yes
33
Q1: What is the starting point for courts when deciding on granting bail to a defendant, and can you provide an example scenario?
A1: The starting point is that every defendant has a right to bail unless there are good reasons to deny it, based on specific exceptions like risk of failing to surrender, committing further offenses, or interfering with witnesses. Example: A defendant charged with a minor offense with no prior history of failing to surrender or offending on bail would typically be granted bail.
34
Q2: Under what circumstances can bail be denied, and can you give an example of one such circumstance?
A2: Bail can be denied if there are substantial grounds to believe the defendant might fail to surrender, commit further offenses, interfere with witnesses, or if the offense is serious enough that custody is likely upon conviction. Example: A defendant with multiple previous convictions for failing to appear at court might be denied bail due to a substantial risk of failing to surrender.
35
Q4: What are some common bail conditions that courts can impose, and can you provide an example involving a curfew?
A4: Common bail conditions include residency requirements, reporting to a police station, exclusion from certain areas, no contact with specific individuals, compliance with a curfew, or wearing an electronic tag. Example: A defendant charged with nighttime burglary might be subjected to a curfew to reduce the risk of reoffending during nighttime hours.
35
Q3: What factors do courts consider when deciding on bail, and can you provide an example involving a defendant's community ties?
A3: Courts consider the nature of the offense, the defendant's previous convictions, community ties, compliance with previous bail conditions, and the strength of the evidence. Example: A defendant with strong community ties, such as a stable job and family in the area, may be seen as less likely to abscond and thus more likely to be granted bail.
36
The court can deny bail if it finds an exception to the right to bail, and if there is a real prospect of:
* (A) A custodial sentence being imposed if the defendant is convicted.
* (B) The defendant being convicted of a crime involving violence.
* (c) A custodial sentence of 10 years or more being imposed if the defendant is convicted.
© (D) The defendant being convicted of a crime
involvina dishonesty.
A
The court can deny bail if it finds (1) an exception to the right to bail, and (2) a real prospect of a custodial sentence being imposed if the defendant is convicted.
36
Q5: What happens if a defendant breaches their bail conditions, and can you give an example involving failure to report to a police station?
A5: If a defendant breaches bail conditions, they can be arrested and brought back to court, where bail may be revoked or more stringent conditions imposed. Example: If a defendant required to report to a police station twice a week fails to do so, they may be arrested and could have their bail revoked or be subjected to stricter conditions, such as daily reporting or electronic monitoring.
37
What is bail?
Bail is a legal provision that allows a defendant to be released from custody temporarily, often under certain conditions, until their court appearance or trial.
38
EXCEPTION TO RIGHT TO
BAIL
* Substantial grounds to believe that defendant would
- Fail to surrender
- Commit further offences whilst on bail
- Interfere with witnesses or obstruct justice
39
EXCEPTIONS TO RIGHT TO
BAIL
EXCEPTIONS TO RIGHT TO
BAIL
* Indictable offence and defendant was on bail
* Defendant's protection
* Belief defendant would commit offence against associated person
* Defendant already serving custodial sentence
* Insufficient information
* Defendant failed to surrender or breached bail
40
SUBSTANTIAL GROUNDS
FACTORS
SUBSTANTIAL GROUNDS
FACTORS
Nature and seriousness of offence
Probable method of dealing with offence
* Previous convictions
* Associations and community ties
* Record on complying with bail obligations
* Strength of evidence
41
BAIL CONDITIONS MUST BE
BAIL CONDITIONS MUST BE
* Relevant
* Proportionate
* Enforceable
42
COMMON BAIL
CONDITIOnS
COMMON BAIL
CONDITIOnS
* Reside at specified address
* Report to police station regularly
* Prohibited from particular
area
* Prohibited from contacting certain individuals
* Curfew or electronic tag
* Security
* Surety
43
The court can attach any conditions to bail as long as they are:
* (A) Relevant and fundamentally fair.
* (B) In the best interests of the public.
O (c) Relevant, proportionate, and enforceable.
* (D) Reasonable and enforceable.
C
The court can attach any conditions to bail as long as they are relevant, proportionate, and enforceable.
44
Danny is facing a charge of burglary from a dwelling. He has 3 previous convictions, including one other for burglary. He has never failed to surrender. All offences were committed near his home address. Danny lives with his girlfriend and his child from a previous relationship. He works full-time at a warehouse.
What would be the prosecution's objections to bail?
What conditions could the defence suggest to allay the prosecution's obiections?
The prosecution's objections to bail for Danny would likely center on the risk of reoffending given his history of similar offenses near his home; the defense could suggest conditions such as a curfew, electronic monitoring, and restrictions on entering certain areas to mitigate these concerns.
The prosecution are likely to argue the exception of substantial grounds - to believe that that Danny will commit further offences, and Danny will fail to surrender - will apply.
* The fear of further offences arises from the previous convictions.
* The failure to surrender arises
The defence could suggest conditions of residence, reporting, and curfew, as the offences took place at night.
44
BAIL AND MURDER
CHARGES
BAIL AND MURDER
CHARGES
Presumption against bail when defendant charged with murder
45
Q1: Where do all first appearances for adult defendants occur, and what is a typical example of this setting?
A1: All first appearances for adult defendants occur in the Magistrates' Court. Example: A defendant charged with shoplifting would have their first court appearance in the Magistrates' Court, regardless of the value of the items stolen.
46
Q2: How does the court decide on the allocation of cases between the Magistrates' Court and the Crown Court, and what factors influence this decision?
A2: The court decides on the allocation of cases based on the offense type (summary only, either way, or indictable only) and, for either way offenses, whether the Magistrates' Court feels its sentencing powers are adequate. Example: A defendant charged with Actual Bodily Harm (ABH), an either way offense, might have their case allocated to the Crown Court if the Magistrates' Court deems the offense too serious for its sentencing capabilities.
47
Q3: What are the two key tasks a defense solicitor must perform at a defendant's first appearance in court, and can you provide an example of how one of these tasks is executed?
A3: The two key tasks are advising the client and securing funding for legal representation. Example of advising the client: A defense solicitor obtains prosecution disclosure, including witness statements and CCTV evidence, discusses this with the defendant to understand their version of events, and advises on the best plea based on the strength of the evidence and potential sentencing outcomes.
48
Q5: Describe the plea before venue process for either way offenses and provide an example scenario where a defendant chooses their trial venue.
A5: The plea before venue process involves the Magistrates' Court first deciding if it accepts jurisdiction for the case, and if so, the defendant then chooses whether to be tried in the Magistrates' Court or elect for a Crown Court trial. Example: A defendant charged with burglary, an either way offense, might elect for a Crown Court trial after the Magistrates' Court accepts jurisdiction, preferring a jury trial due to the perceived higher chance of acquittal.
48
Q4: What conditions must be met for a representation order to be granted, and can you explain one of these conditions with an example?
A4: The conditions for a representation order include passing the interests of justice test and the means test. Example of the interests of justice test: A defendant charged with a serious offense like burglary, facing potential imprisonment, would likely satisfy the interests of justice test due to the complexity of the case and the severe impact a conviction could have on their life.
49
Where does a defendant's first appearance take place?
A defendant's first appearance takes place in the Magistrates' Court.
50
!
SUMMARY OnLY OFFENCE
Defendant pleads guilty or not guilty
EITHER WAY OFFENCE
Plea before venue process
INDICTABLE ONLY OFFENCE
Matter sent to Crown Court
51
REPRESENTATION ORDER
* Interests of justice test
* Means test
-
Satisfied if income below
£3,398
If income above £3,398 but below £37,500, defendant entitled to limited legal aid
51
A defence solicitor has applied for a representation order.
What are the two tests the defendant needs to satisfy for the order to be awarded?
* (A) Substantial grounds test and
reasonableness test
* (B) Interests of justice test and means test
* (c) Substantial grounds test and means test
* (D) Interests of justice test and reasonableness
test
B
The defendant must satisfy the interests of justice test and the means test for a representation order to be awarded.
52
ALLOCATION
ALLOCATION
Magistrates' Court (MC) decides whether to accept jurisdiction
* If MC accepts, defendant chooses between MC and Crown Court
53
THEFT UNDER £200
THEFT UNDER £200
* Magistrates' Court cannot decline jurisdiction
* Defendant can elect
Magistrates' Court or Crown
Court
54
Write down everything that happens during the Plea Before
Venue process.
During the Plea Before Venue process, the defendant is informed of the charge, given the option to indicate a plea, and if indicating guilty, the court proceeds to sentence, while if indicating not guilty, the court proceeds to determine the venue for trial.
55
Q1: Why is case management crucial in the court process?
A1: Case management ensures trials are ready on schedule, ensuring justice for defendants and victims alike by preventing delays.
56
Q2: What are the standard directions given by the court in the Magistrates' Court for case preparation?
A2: Standard directions include prosecution evidence within 28 days, defense case statement within 14 days, witness requirements and objections within 7 days, among others.
57
Q3: What factors determine whether a preliminary hearing takes place in the Crown Court for an indictable-only matter?
A3: Factors include trial length, case management issues, need for early trial, defendant's age, or likelihood of an early guilty plea.
58
Q4: What happens during a plea and trial preparation hearing in the Crown Court?
A4: At the plea and trial preparation hearing, the defendant's plea is taken (arraignment), and if pleading guilty, the court proceeds to sentence or gives a goodyear indication; if pleading not guilty, trial arrangements are made.
59
Q5: What duty does the prosecution have regarding evidence disclosure in the Crown Court?
A5: The prosecution must disclose all evidence they intend to rely on at trial, as well as certain unused material that could undermine their case or assist the defense.
60
Q6: What happens if the defense fails to provide an adequate defense case statement in the Magistrates' Court?
A6: If the defense fails to provide an adequate defense case statement on time, reflecting the defense put forward at trial, the jury can draw an adverse inference.
61
Q7: What factors determine the quality of identification evidence under the Turnbull guidelines?
A7: The quality of identification evidence is determined using the ADVOKATE mnemonic: Amount of time, Distance, Visibility, Obstruction, Known to the witness, Any reason to remember, Time passed, and Errors.
61
Q8: What is the significance of the defendant's silence in court proceedings?
A8: While defendants have the right to remain silent, failure to provide an account may lead to an adverse inference being drawn, potentially affecting the jury's decision.
62
Q9: What is the purpose of the Turnbull warning given by the judge?
A9: The Turnbull warning serves to caution the jury about the potential unreliability of identification evidence and to highlight factors that may weaken the prosecution's case.
63
Q10: How does the court ensure fairness in trial proceedings regarding evidence admissibility?
A10: The court assesses the admissibility of evidence based on established rules and procedures, ensuring that only relevant and reliable evidence is presented during the trial.
64
MAgIsTraTES' COURT
CASE MANAGEMENT FORM
* Witnesses who will be called to give evidence
* Witnesses whose statements can be read
* Estimated length of trial
* Likely applications to the court
* Special arrangements
65
MAGISTRATES' COURT
CASE MANAGEMENT
DIRECTIONS
MAGISTRATES' COURT
CASE MANAGEMENT
DIRECTIONS
* Prosecution evidence served within 28 days
* Defence case statement served within 14 days
* Defence's notice of intention to adduce hearsay evidence or bad character evidence served within 14 days
* Points of law raised at least 21 days before trial
* Certificates of readiness serviced at least 7 days before trial
66
GOODYEAR INDICATION
GOODYEAR INDICATION
* Defendant asks for indication of sentence
* If defendant pleads guilty, judge bound by indication
67
PROSECUTION DUTY OF DISCLOSURE
PROSECUTION DUTY OF DISCLOSURE
* 50 days (or 70 if defendant on bail to provide disclosure
* Must disclose all evidence it intends to rely on at trial
* Must disclose unused material which might reasonably be considered capable of undermining the case or assisting the defence
68
DEFENCE CASE STATEMEnT
DEFENCE CASE STATEMEnT
Must serve within 14 days of prosecution's disclosure
* Sets out nature of defence, disputed facts, points of law, alibi witnesses
69
A plea and trial preparation hearing takes place _ days after the case was sent from the Magistrates'
Court.
O (A) 7
O (B) 14
* (c) 21
O (D) 28
D
70
Generally, the prosecution has _ days to provide disclosure. This increases to _ days if the defendant is on bail.
© (A) 7;14
* (B) 20; 30
O (c) 50;70
* (D) 60; 90
C
71
The prosecution has made disclosure. How many days does the defence have to serve a defence case statement?
O (A) 7
O (B) 14
O (c) 21
O (D) 28
B
72
TURNBULL WARNING
TURNBULL WARNING
* Warn of special need for caution
*
*
Ask jury to consider circumstances in which witness identified defendant
Refer to particular weaknesses in ID evidence
73
When a judge gives a Turnbull warning on identification evidence, the judge should warn of the special need for caution, ask the jury to consider the circumstances in which the witness identified the defendant, and:
* (A) Refer to particular weaknesses with the identification evidence.
* (B) Advise the jury on drawing an adverse
inference.
* (c) Tell the jury to disregard weak identification evidence.
* (D) Stress that the burden of proof lies on the prosecution.
A
When a judge gives a Turnbull warning on identification evidence, the judge should warn of the special need for caution, ask the jury to consider the circumstances in which the witness identified the defendant, and refer to particular weaknesses with the identification evidence.
74
WHEN ADVERSE INFERENCE
CAN BE DRAWN
WHEN ADVERSE INFERENCE
CAN BE DRAWN
* Failure to give account when questioned or charged
silence at trial
* Failure to account for mark on person, item in possession, or presence at
scene
75
Write down all the factors that determine the quality of identification evidence under the Turnbull guidelines.
The factors determining the quality of identification evidence under the Turnbull guidelines are recalled using the ADVOKATE mnemonic: A for amount of time, D for distance, V for visibility, O for obstruction, K for known to the witness, A for any reason to remember, T for time, and E for errors.
76
ADVOKATE
A is for amount of time.
D is for distance.
V is for visibility.
O is for obstruction.
K is for known to the witness.
A is for any reason to remember.
T is for time.
E is for errors.
77
HEARSAY
Statement, not made in oral evidence, that is relied on as evidence of the matter in it
78
What is hearsay evidence?
Answer: Hearsay evidence is often referred to as secondhand evidence, where a statement made out of court is relied upon as evidence of the matter it contains.
mission would undermine the fairness of the trial, ensuring that the rights of the defendant are upheld, particularly in cases involving substantial breaches or unfair practices by law enforcement.
79
Under what circumstances is hearsay evidence admissible in court?
Answer: Hearsay evidence can be admissible under four main grounds: statute, rule of law, agreement of all parties, or in the interest of justice.
79
HEARSAY CAN BE
ADMISSIBLE
* Under statute
* By rule of law
*
By agreement of all parties
In the interest of justice
80
What are the grounds for admitting hearsay evidence under statute?
Answer: Hearsay evidence can be admitted under statute when a witness becomes unavailable, in the case of business documents, previous consistent or inconsistent statements, and expert evidence.
80
Explain the rule of law exceptions for admitting hearsay evidence.
Answer: Under the rule of law, hearsay evidence may be admissible for confessions or mixed statements, statements made at the time of the offence, and statements preserved by res gestae.
80
When can hearsay evidence be admitted in court based on the interest of justice?
Answer: Hearsay evidence can be admitted in the interest of justice when its probative value to a matter in issue outweighs any potential prejudice, considering various factors such as reliability, importance, and difficulty in challenging the statement.
81
What is a voir dire hearing, and when is it conducted?
Answer: A voir dire hearing is a proceeding held by a judge in the absence of the jury to determine the admissibility of evidence, such as confessions, particularly in the Crown Court.
82
What are the grounds for excluding confessions from being admitted as evidence?
Answer: Confessions may be excluded if they are deemed to have been obtained through oppression or if things said or done render them unreliable under Section 76 of PACE.
82
Under what circumstances can the court exclude prosecution evidence under Section 78 of PACE?
Answer: The court can exclude prosecution evidence if its admission would have an adverse effect on the fairness of the proceedings, particularly due to substantial breaches of procedural rules or rights under PACE.
83
Provide examples of things said or done that might render a confession unreliable.
Answer: Examples include promises of leniency, overstating the strength of evidence, or conducting interviews with suspects who are unfit for interview.
84
What is the significance of the discretion granted to the court under Section 78 of PACE?
Answer: The court's discretion allows it to exclude evidence if its admission would undermine the fairness of the trial, ensuring that the rights of the defendant are upheld, particularly in cases involving substantial breaches or unfair practices by law enforcement.
85
ADMISSIBLE UNDER
STATUTE
* Witness unavailable
* Business documents
* Statements prepared for use on criminal proceedings
* Previous consistent or inconsistent statements
*
*
Expert evidence
Confessions
86
ADMISSIBLE BY RULE OF LAW
ADMISSIBLE BY RULE OF LAW
* Confessions or mixed statements
* Statements made at time of offence
* Statements preserved by res gestae
87
INTEREST OF
JUSTICE
FACTORS
INTEREST OF
JUSTICE
FACTORS
* Probative value
* What other evidence could be given
* Importance
* Circumstances
* Reliability
* Whether oral evidence can be given
* Difficulty in challenging statement
88
Which of the following is a circumstance under which hearsay evidence is admissible under statute?
* (A) The statement is preserved by res
gestae.
* (B) The witness is unavailable.
* (C) The maker of the statement is very reliable.
* (D) The statement was made
contemporaneously to the offence.
B
Hearsay evidence is admissible under statute when the witness is unavailable. Statements preserved by res gestae and statements made contemporaneously to the offence are admissible by rule of law. The reliability of the maker of the statement is a factor courts consider when deciding whether the statement should be admitted in the interest of justice.
89
MULTIPLE HEARSAY
ADMISSIBLE
MULTIPLE HEARSAY
ADMISSIBLE
* Business documents
* Inconsistent or consistent statement
* All parties agree
* In interest of justice
90
CONFESSION
CONFESSION
Statement wholly or partly adverse to the person who made it
91
CHALLENGES TO
CONFESSIoN
ADMISSIBILITY
CHALLENGES TO
CONFESSIoN
ADMISSIBILITY
Oppression
* Things said or done likely to render confession unreliable
92
1. True or false? A confession is solely an admission to a crime made in a police interview.
O (A) True
O (B) False
False.
A confession is not limited to an admission in a police interview. It includes any statement wholly or partly adverse to the person who makes it, whether or not made to a person in authority.
93
2. If the defence challenge the admissibility of a confession on the basis of oppression, what must the defence then show?
* (A) The unreliability of the confession
* (B) A pattern of oppression by the police
* (C) A causal link between the oppression
and the confession
O (D) The relevance of the confession
(C) is correct. If the defence challenge the admissibility of a confession on the basis of oppression or things said or done likely to render the confession unreliable, the defence must show there is a causal link between the oppression or the things said or done and the confession.
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Court can exclude evidence if, considering all circumstances, admission of evidence would have adverse effect on fairness of proceedings
95
Write down the grounds for admission for hearsay evidence.
The grounds for admission for hearsay evidence are:
Under statute:
When a witness becomes unavailable.
Business documents.
Statements prepared for use in criminal proceedings when the relevant person cannot be expected to recollect the matter.
Previous consistent or inconsistent statements.
Expert evidence.
Under rule of law:
Confessions or mixed statements.
Statements made at the time of the offence.
Statements preserved by res gestae.
By agreement of the parties.
In the interest of justice.
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SEVEN GATEWAYS FOR BAD CHARACTER EVIDENCE
SEVEN GATEWAYS FOR BAD CHARACTER EVIDENCE
*
*
*
All parties agree
Introduced by defendant
Important explanatory evidence
* Relevant to important matter in issue
*
ODUC
Substantial probative value to matter in issue between co-defendants
Correct false impression given by defendant
* Defendant attacked another's character
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Question 1: What is the purpose of character evidence in a criminal trial?
Answer: Character evidence in a criminal trial serves to either demonstrate a propensity towards misconduct or bad behavior (bad character evidence) or to establish a lack of propensity towards such behavior (good character evidence). It can influence the jury's perception of the defendant's credibility and likelihood of committing the alleged offense.
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Question 2: What are the grounds for admitting bad character evidence?
Answer: The grounds for admitting bad character evidence are outlined in the Criminal Justice Act 2003 and include:
Agreement by all parties
Introduction by the defendant
Importance as explanatory evidence
Relevance to an important matter in issue between prosecution and defense
Substantial probative value to a matter in issue between co-defendants
Correction of a false impression given by the defendant
Attack on another's character by the defendant
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Question 3: In what circumstances can bad character evidence be introduced if the defendant attacks another's character?
Answer: If the defendant attacks another's character during the trial, intending to elicit such evidence, their own bad character becomes admissible. This includes situations where the defendant accuses others, such as police officers, of misconduct.
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Question 4: What is the process for admitting bad character evidence during a trial?
Answer: If the prosecution wishes to introduce the defendant's bad character evidence, they must give notice within a specified timeframe. The matter may be decided at a pretrial hearing or during trial, in absence of the jury. The judge evaluates whether the evidence meets any of the seven gateways for admissibility. If admitted, the trial resumes; if excluded, the evidence is disregarded.
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Question 5: How can a defendant's good character influence a trial?
Answer: A defendant's good character can influence a trial by receiving a propensity and credibility direction from the judge. This suggests to the jury that a person of good character is less likely to commit the alleged offense and is more likely to be credible when asserting innocence.
101
How many instances of bad conduct do you need to show propensity?
There is no specific minimum number of instances of bad conduct required to demonstrate propensity; the determination depends on the relevance of previous convictions or bad behavior to the current charge and the judge's evaluation of the evidence.
102
Evidence of a defendant's propensity to commit similar offences can be admitted under which gateway to admission of bad character evidence?
* (A) Correct false impression given by the defendant
* (B) Important explanatory evidence
* (C) The defendant attacked another's character
* (D) Relevant to an important matter in issue
D
Propensity evidence can be admitted under the gateway of relevance to an important matter in issue between the prosecution and the defence. This gateway permits admission of bad character evidence on the basis of propensity to commit similar types of offences or even a propensity to be untruthful.
103
!
Such an adverse effect on fairness of proceedings that court must not admit it
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PROSECUTION MUST GIVE
NOTICE
PROSECUTION MUST GIVE
NOTICE
* Within 28 days of not guilty plea in Magistrates' Court
* within 14 days of not guilty plea in Crown Court
105
GOOD CHARACTER
DIRECTION
* Propensity direction
* Credibility direction
106
You're representing a defendant called Emily on trial day for robbery. The case is that Emily violently snatched a handbag from the grasp of a woman on a bus. The prosecution are applying to adduce Emily's previous convictions. She has one for theft, one for shoplifting some makeup four years ago, and one for ABH for giving her boyfriend a black eye two years ago.
Will Emily's previous convictions be admissible, and, if so, on what grounds?
Emily's previous convictions may be admissible on the grounds of relevance to an important matter in issue, specifically her propensity to commit offenses similar to the one charged.
107
!
NO CASE TO ANSWER
Prosecution has not presented enough evidence to amount to prima facie case
108
Question 1: What is the burden of proof in a criminal trial, and who bears it?
Answer: The burden of proof in a criminal trial lies with the prosecution, who must convince the judge or jury beyond reasonable doubt that the defendant committed the offense.
Example: In a trial for robbery, the prosecution must present evidence beyond reasonable doubt that the defendant violently snatched a handbag from a woman on a bus.
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Question 2: What is a submission of no case to answer, and when is it made?
Answer: A submission of no case to answer is made by the defense if they believe the prosecution has not presented enough evidence to establish a prima facie case, either by failing to prove elements of the offense or presenting unreliable evidence.
Example: In Emily's trial for robbery, if her defense counsel believes that the prosecution has not provided sufficient evidence to prove that Emily committed the offense beyond reasonable doubt, they may make a submission of no case to answer.
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Question 3: What is the difference between examination in chief and cross-examination?
Answer: Examination in chief is the witness's initial account of their evidence, conducted by the side that called them, while cross-examination is questioning conducted by the opposing side to challenge the witness's evidence and put forward their case.
Example: In Emily's trial, the prosecution will conduct the examination in chief of witnesses such as the victim and eyewitnesses, while the defense will cross-examine them to challenge their testimony.
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Question 4: Who is considered competent and compellable to give evidence in a criminal trial?
Answer: Competent witnesses are those who can understand questions put to them and provide understandable answers, while compellable witnesses are those who can be forced to give evidence. As a general rule, all competent witnesses are compellable, except for certain exceptions such as the defendant.
Example: In Emily's trial, witnesses such as the victim, eyewitnesses, and police officers are competent and compellable to give evidence, while Emily herself is competent but not compellable for the prosecution.
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Question 5: What are some examples of special measures that can be implemented to assist vulnerable witnesses in giving evidence?
Answer: Special measures to assist vulnerable witnesses may include providing screens between the witness and the defendant, allowing testimony through video links, permitting evidence to be given in private, and using intermediaries to communicate with the witness.
Example: In cases involving young witnesses or victims of violent crimes like rape or gang violence, special measures such as testifying via video link or using an intermediary may be implemented to help them give evidence comfortably.
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CROSS EXAMINATION
CROSS EXAMINATION
* Witness questioned by opposing side
* Leading questions permitted
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COMPETENCE
COMPETENCE
Witness able to give evidence in court
* Most people competent unless they are unable to
- Understand questions
- Give understandable answers
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DEFENDANT
DEFENDANT
* Neither competent nor compellable for prosecution
* Competent but not compellable for defence
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DEFENDANT
* Neither competent nor compellable for prosecution
* Competent but not compellable for defence
DEFENDANT'S SPOUSE OR CIVIL
PARTNER
* Competent but not compellable for prosecution
* Competent and compellable for defence
Co-DEFENDANTS
* Neither competent nor compellable for prosecution
* Competent but not compellable for defence
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1. True or false? The defendant can be compelled by the prosecution to give evidence.
* (A) True
* (B) False
False.
The defendant cannot be compelled to give evidence by the prosecution. For the defence, the defendant is competent, but they are not compellable. In other words, the defendant may testify for their defence but cannot be forced to.
118
2. In general, the defendant's spouse is the defence.
for the prosecution and
for
* (A) Competent and compellable; competent and compellable.
* (B) Competent and compellable; competent but not compellable.
* (C) Competent but not compellable; competent and compellable.
* (D) Competent but not compellable; competent but not
compellable.
C
In general, the defendant’s spouse or civil partner is competent but not compellable for the prosecution and competent and compellable for the defence. In other words, they may testify for the prosecution but cannot be forced to. For the defence, they may testify and can be forced to.
119
Write out the order of trial process in as much detail as you can remember.
The trial process typically begins with the prosecution's opening speech, followed by the examination of prosecution witnesses, cross-examination by the defense, potential submission of no case to answer, defense's presentation of witnesses, defendant's testimony if opted, and concludes with closing speeches, judge's summing up, and jury's verdict.
120
What is the purpose of a plea in mitigation?
Answer: A plea in mitigation is aimed at achieving the best possible outcome for the defendant by providing reasons to the judge why the lowest possible sentence should be imposed.
121
What are the overarching objectives of criminal law when it comes to sentencing?
Answer: The overarching objectives include punishment of the offender, reduction of crime, reform and rehabilitation of the offender, protection of the public, and reparation by the offender.
122
Describe the process of determining sentence using sentencing guidelines.
Answer: Sentencing guidelines offer a starting point and a range for an offence, along with a list of aggravating and mitigating factors, which are considered to determine the appropriate type and level of sentence for the offence committed.
123
Explain the concept of totality in sentencing.
Answer: Totality ensures that the overall sentence is not disproportionate to the overall seriousness of the offending behavior, considering whether the offences arose out of the same matter or conduct.
123
What is the difference between concurrent and consecutive sentences?
Answer: Concurrent sentences are served simultaneously for multiple offences, while consecutive sentences are served one after the other, with the total sentence being the sum of each individual sentence.
124
What is the purpose of a Newton Hearing?
Answer: A Newton Hearing is held to resolve disputes between the prosecution and defense regarding the facts of the case when the defendant pleads guilty but disputes the prosecution's version of events, potentially impacting the credit for the guilty plea.
125
What factors can be considered as mitigating in a plea in mitigation for sentencing?
Answer: Mitigating factors may include expressions of remorse, lack of premeditation, cooperation with authorities, tough personal circumstances, such as being a primary carer, seeking help for substance abuse, and being employed.
126
CREDIT FOR GUILTY PLEA
CREDIT FOR GUILTY PLEA
*
*
Defendant who pleads guilty before trial entitled to sentence reduction
Defendant who pleads guilty at first opportunity receives one-third reduction in sentence
127
What factors can be considered as aggravating in determining sentence?
Answer: Aggravating factors may include offences committed under the influence of alcohol or drugs, previous convictions, planned or premeditated offenses, use of violence or force, and any harm caused to victims or property.
128
If a defendant pleads guilty at the first opportunity, they will receive a
reduction in sentence.
* (A) One-fifth
* (B) One-quarter
* (C) One-third
* (D) One-half
C
(C) is correct. If a defendant pleads guilty at the first opportunity, they will receive a one-third reduction in sentence.
129
CUSTODY
CUSTODY
Imposed when offence is so serious that no other form of punishment will suffice
130
SUSPENDED SENTENCE
SUSPENDED SENTENCE
* Maximum suspension is two years
* Crown Court can suspend two year sentence
* Magistrates' Court can suspend six month sentence
131
TYPES OF SENTENCES
TYPES OF SENTENCES
* Custody
* Suspended sentence
Community order
*
*
Financial penalty
Discharge (absolute or conditional)
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What is the maximum sentence of imprisonment the Magistrates' Court can impose for a single summary only offence?
* (A) Three months
O (B) Six months
* (C) One year
* (D) Two years
(B) is correct. The Magistrates’ Court can impose a maximum of six months’ imprisonment for a single summary offence, multiple summary only offences, or a single either way offence. It can impose a maximum of 12 months’ imprisonment for two or more either way offences.
133
NEWTON HEARING
NEWTON HEARING
Procedure to settle disputed facts before sentencing defendant who pleaded guilty
134
Which of the factors in the following scenario are mitigating and which are aggravating?
You are representing Dave, who appears for sentence for burglary. Dave pleads guilty at first appearance and expresses remorse. Your instructions are that the burglary was not planned. Dave says he had been hanging out in the park with his friends when he noticed the back gate to a large house on the edge of the park was open. He went to have a look and went into the garden. He saw a shed, went over to it, and opened it. It wasn't locked. He saw some power tools and, on a whim, decided to take them. Dave says he only did it because he had been drinking and was feeling emboldened. When the police stopped him in the park, he admitted what he had done straight away.
Dave lives with his mother and younger sister. He is the primary carer for his sister as his mother suffers from mental health issues. Dave's father died 10 years ago. Dave works part-time at a butcher's shop.
Dave admits he often drinks, partly to help him cope with his home life. He has been to the doctor to get help about it. The court has a pre-sentence report which confirms these circumstances.
The sentencing guidelines for this type of burglary have a high-level community order as the starting point for sentence, with a sentencing range of a low level community order to 26 weeks' custody.
Mitigating Factors:
Guilty Plea and Remorse: Dave pleaded guilty at his first appearance and expressed remorse, indicating acceptance of responsibility for his actions.
Lack of Premeditation: The burglary was not planned; Dave noticed the open gate on a whim while hanging out with friends.
Cooperation with Authorities: Dave admitted to the burglary when stopped by the police, showing cooperation with law enforcement.
Aggravating Factors:
Offence Committed Under the Influence: Dave committed the burglary while under the influence of alcohol, which impaired his judgment and led to the commission of the offence.
Alcohol Consumption as Coping Mechanism: Dave admits to frequently drinking to cope with his difficult home life, suggesting a potential issue with alcohol dependency.
Victim Impact: Although not explicitly mentioned, the theft of the power tools could have caused financial or emotional harm to the owner of the property.
135
APPEAL FROM
MAGISTRATES COURT TO CROWN COURT
* Defendant may appeal against conviction or sentence
* Defendant who pleaded guilty may appeal against sentence
* Prosecution has no right to appeal
* 21 days to appeal
136
APPEAL FROM
MAGISTRATES COURT TO DIVISIONAL COURT
* Open to prosecution and defence
* Appeal by way of case stated: decision is wrong in law or in excess of jurisdiction
* 21 days to appeal
137
APPEAL FROM CROWN
CoURT TO COURT OF APPEAL
* Defendant needs leave to appeal
28 days to lodge notice
* Ground of appeal against conviction: 'unsafe
* Grounds of appeal against sentence
- Wrong in law
Wrong in principle
- Manifestly excessive
137
APPEAL FROM COURT OF APPEAL TO SUPREME COURT
* Court of Appeal or Supreme Court grant leave to appeal
* Point of law of general public importance is involved
138
1. A defendant has been convicted in Magistrates' Court and wants to appeal. To which courts can the defendant appeal?
(check all that apply)
* (A) Crown Court
* (B) Divisional Court
" (C) Court of Appeal
* (D) Supreme Court
(A) and (B) are correct. A defendant who has been convicted in Magistrates’ Court may appeal to the Crown Court against either conviction or sentence. The defendant may also appeal to the Divisional Court by way of case stated; this appeal must be on the ground that the decision is wrong in law or in excess of jurisdiction.
139
1. What are the options for appeal available to a defendant convicted or sentenced in the Magistrates' Court?
Answer: A defendant convicted at trial may appeal to the Crown Court against either conviction or sentence, while a defendant who pleaded guilty may only appeal against sentence to the Crown Court.
140
2. How does the process of appealing differ for the prosecution compared to the defence in the Magistrates' Court?
Answer: The prosecution has no right of appeal in the Magistrates' Court and cannot lodge an appeal. Only defendants have the right to appeal, and they must do so by lodging a written notice within 21 days.
141
3. What is the composition of the panel that hears appeals from the Magistrates' Court in the Crown Court?
Answer: An appeal from the Magistrates' Court is heard in the Crown Court by a Crown Court judge supported by at least two and no more than four magistrates.
142
4. What is the alternative route of appeal open to both the prosecution and the defence besides appealing to the Crown Court from the Magistrates' Court?
Answer: An alternative route of appeal is to appeal to the divisional court by way of case stated, which can only be on the grounds that the decision is wrong in law or in excess of jurisdiction.
143
6. What is the maximum period a detention and training order can last for youths aged 12 to 17?
Answer: A detention and training order for youths aged 12 to 17 can last for 4, 6, 8, 10, 12, 18, or 24 months, with the first half spent in custody and the second half under supervision.
143
5. What are the grounds of appeal against conviction in the Crown Court?
Answer: The only ground of appeal against conviction in the Crown Court is that it is unsafe, encompassing various errors such as wrongly admitted evidence, incorrect directions, bias, errors in summing up, or issues with the jury.
144
2. A defendant has been convicted in the Crown Court and wants to appeal the conviction. On what ground can the conviction be appealed?
* (A) The conviction is wrong in law.
* (B) The conviction is in excess of
jurisdiction.
* (C) The conviction is wrong in
principle.
* (D) The conviction is unsafe.
D
A defendant can appeal a conviction from the Crown Court only on the ground that it is unsafe. A conviction may be unsafe if, for example, evidence was wrongly admitted, a direction was wrongly given, or the conduct of the trial judge demonstrated obvious bias.
145
YOUTH DEFENDANTS SENT
TO CROWN COURT
* Charged with murder, attempted murder, manslaughter, other serious crimes
* Charged with grave crime and Youth Court declines jurisdiction
146
True or false? A referral order can be made if the defendant has pleaded not guilty to all offences and is subsequently convicted.
* (A) True
* (B) False
False
A referral order cannot be made if the defendant has pleaded not guilty to all offences and is then convicted.
147
