CRIM ADVOCACY 2.0 Flashcards

Question

Most common bail conditions?

Answer 1

Residence at X address Curfew Report to police at x times Surety – eg., mom puts up money for you Security – D gives own valuable thing Restriction on where can go Contact/restraining orders Ankle monitor Bail hostels

Answer 2

What is a s.7 Bail Act Violation? Breaking the conditions of your bail *Not technically a criminal offence, just gets you brought back into custody

Answer 3

Good reasons

Answer 4

Evidence against applicant is not sufficient for him to be properly convicted e.g., same as no case to answer GALBRAITH - No evidence crime committed by D - CPS evidence, taken at highest, is such that a properly directed jury could not properly convict

Answer 5

Say D has no case to answer and should not proceed to trial. Burden is on P to prove D's guilt and prove all elements of the offence are made out. Argue that the evidence P has adduced is insufficient either because P have failed to prove an element of the offence or because the evidence adduced is so manifestly unreliable that no reasonable court could convict on it. Conclude.

Answer 6

(To stay proceedings forever) Fair hearing not possible Unfair to try the accused/stay is necessary to protect integrity of criminal justice system

Answer 7

S.76 Obtained by oppression, as consequence, rendered unreliable, unless prosecution can prove it isn’t unreliable beyond a reasonable doubt Anything said or done likely, in circumstances at time, to render confession unreliable

Answer 8

Oppression -- torture/inhumane/degrading Unreliable -- dictionary

Answer 9

1. Thing said or done 2. Ask if objectively, makes less reliable 3. Ask whether pros proved this beyond reasonable doubt

Answer 10

Prosecution must prove beyond reasonable doubt that there was no oppression OR unreliability

Answer 11

s.76 – 2 LIMBS for excluding confessions ALT: s.78 – general unfairness criteria ‘adverse effect such ought not to be admitted’

Answer 12

S82(3): prejudicial effect outweighs probative value S78: CPS evidence only, admission of evidence would have such an adverse effect on the fairness of proceedings that it ought not to be admitted (E.G., Human rights, PACE BREACH)

Answer 13

A statement made out of court being presented in evidence as proof of its contents

Answer 14

Not admissible unless: - statutory provisions allow - common law provisions allow - agreement of all parties - court thinks interest of justice

Answer 15

Witness is unavailable Is a business document Is in interests of justice Stat exceptions

Answer 16

What is the matter sought to prove? Is there a statement of that matter in the communication Was it the intention of the statement maker that recipient/others should believe that matter was true?

Answer 17

Would be admissible if person was available + 1 of: - Is dead - Unfit - Not in UK, cannot reasonably secure person - Cannot be found despite reasonable steps - Through fear, won’t come to court (doesn’t need to be caused by the defendant)

Answer 18

Would have been admissible orally - doc made/received in course of business (broad) - person who gave info reasonably supposed to have had personal knowledge of matters dealt with - all info receivers got info in course of business - maker/receiver can be same person incl. med records, police notes

Answer 19

1/5 of the business documents criteria Person who supplied statement cannot reasonably be expected to have any recollection of the matters dealt with in the statement

Answer 20

Probative value Other evidence Circumstances Reliability of statement maker/statement Difficulty in challenging the statement Extent to which that difficulty would prejudice the party facing it

Answer 21

Statement is admissible if: - made by emotionally overpowered person by event that possibility of concoction/distortion can be disregarded - statement accompanied an act which can be properly evaluated as evidence only if considered in conjunction with the statement - statement relates to a physical sensation or mental state

Answer 22

Public info Evidence of reputation Res gestae Confessions Furtherance of common enterprise Body of expertise

Answer 23

Contents Info source Way/circumstances supplied/received/created

Answer 24

Either of the statements is admissible under: - busi docs - inconsistent statements - consistent statements OR All parties agree OR Court is satisfied that the value of the evidence in question, and reliability of statements, is so high that the interests of justice require the latter statement to be admissible

CRIM ADVOCACY 2.0 Flashcards

(49 cards)