CRIM PRACTICE

Question 1

the right to inform someone of the suspects arrest

Answer 1

s 56 PACE 1984

Question 2

the right for the suspect to consult privately with a solicitor

Answer 2

s 58 PACE 1984

Question 3

the initial maximum period of detention before charge is 24 hours - this is the detention clock

Answer 3

41 PACE 1984

Question 4

review clock - when a suspect’s detention has to be reviewed and authorised

Answer 4

40 PACE 1984

Question 5

simple caution

Answer 5

17 criminal justice and courts act 2015

Question 6

custody officer must decide to keep person in custody or to release on bail with or without conditions

Answer 6

s 38 PACE 1984

Question 7

conditional caution

Answer 7

22 criminal justice act 2003

Question 8

youth cautions

Answer 8

66ZA crime and disorder act 1998

Question 9

youth conditional cautions

Answer 9

s 48 criminal justice and immigration act 2008

Question 10

law value shop lifting offence is a summary offence

Answer 10

22A magistrates court act 1980

Question 11

criminal damage that is less than 5,000 is a summary offence

Answer 11

s 22(1) MCA 1980

Question 12

prosecution informs court of facts, magistrates consider if they can take it.

Answer 12

s 19-20 and s 22A magistrates court act 1980

Question 13

sending without allocation - if serious or complex fraud, if involves children, of either way relating to an indictable offence

Answer 13

s 50A crime and disorder act 1998

Question 14

adverse inference from defendants silence when D was being questioned or charged at the police station

Answer 14

s 34 CJPOA 1994

Question 15

adverse inference if, when interviewed, the defendant failed to account for the presence of an object, substance or mark

Answer 15

s 36 CJPOA 1994

Question 16

adverse inference - if when questioned by the police, the D failed to account for his presence at a particular place at the time the offence was committed

Answer 16

s 37 CJPOA 1994

Question 17

adverse inference if the defendant fails to give evidence on their own behalf, if there are issues which call for an explanation from the defendant.

Answer 17

s 35 CJPOA 1994

Question 18

hearsay statement is defined as a statement not made in oral evidence, that is relied on as evidence of a matter in it

Answer 18

s 113 CJA 2003

Question 19

grounds for admitting hearsay evidence:

any provision in this chapter
any rule of law of s 118
all parties agree
interest of justice

Answer 19

s 114 CJA 2003

Question 20

hearsay admissibility under the statutory provisions:

cases where witness is unavailable
business and other documents
previous inconsistent statements

Answer 20

114(1)(a) CJA 2003

unavailable: 116
business : 117

Question 21

confession evidence is the common law exception to hearsay evidence

Answer 21

s 118 CJA 2003

Question 22

confession evidence definition: any statement wholly or partly adverse to the person who made it

Answer 22

s 82 PACE 1984

Question 23

challenging the admissibility of confessions : oppression or unreliability

Answer 23

s 76 PACE 1984

Question 24

definition of bad character: evidence of, or a disposition towards, bad conduct

Answer 24

s 98 Criminal Justice Act 2003

Question 25

the 7 gateways of evidence of a defendants bad character: all parties agreed adduced by D themselves important explanatory evidence important matter in issue substantial probative value correct false impression attack on another

Answer 25

s 101(1) Criminal Justice Act 2003

Question 26

bad character evidence of someone other than the defendant

Answer 26

s 100 CJA 2003

Question 27

exclusion of evidence : court may refuse if, in the circumstances, the admission of evidence would have such an adverse effect on the fairness of the proceedings, the court ought not to admit it

Answer 27

s 78 PACE

Question 28

bail in respect of some offences may be refused if: failure to surrender commissions of further offences fear of physical or mental injury own protection already serving custody lack of information

Answer 28

s 72 Criminal Justice and Immigration Act 2008

Question 29

conditional bail is necessary if it is to prevent D from absconding, committing further offences, interfering with evidence or witnesses, ensure keep appointments with solicitor or medical reasons.

Answer 29

s 3(6) Bail Act 1976

Question 30

a person is NOT competent to give evidence, if it appears that they cannot understand the questions put to them, or give answers that can be understood

Answer 30

s 53 Youth Justice and Criminal Evidence Act 1999

Question 31

the court must have regard to the purposes of sentencing, when sentencing an offender aged 18 or over: punishment of offenders reduction in crime reform and rehabilitation protection of the public making reparation

Answer 31

s 57 sentencing act 2020

Question 32

court must consider the culpability of the offence, and any harm.

Answer 32

s 63 sentencing act 2020

Question 33

guilty plea reduction in sentence

Answer 33

s 73 sentencing act 2020

Question 34

appeals

Answer 34

criminal appeal act 1968

Question 35

court can extend the detention time, if a warrant is given from magistrates court. reasonable grounds to preserve evidence and investigation is diligent

Answer 35

s 43 PACE