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Flashcards in CRIM PROCESS REVISION Deck (11)
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1

INTERVIEW STATUTES

CODES C and E
Code C 10.1 - interview under caution,
Should be reminded of rights to silence and free legal advice.
Code C 11.1 - “questioning of a suspect regarding their involvement or suspected involvement in a criminal offence or offences”
Code C 11.18 (b) - you’re unable for interview if (a) you cannot understand the significance of questioning or of answers or you’re unable to understand what is happening due to drugs, alcohol, illness or condition.

2

CRIMINAL APPEALS ACT 1968
appeals from crown court

Can Appeal from crown court for
1) Conviction S.1(1)
2) Sentence S.9
Provisions under Crim PR 39
If successful, appealed to Court of Appeal S.2 - can then further appeal to Supreme Court S.33
Court of appeal can’t increase Crown sentences S.11(3)

CCRM - independent body who reviews and investigates cases S.15

3

Witnesses - Competence and Compellabilty

S.53(3) YJCE Act 1999 objective test - can they be understood and understand. If competent then compellable! R v Sed 2004 - doesn’t require 100% understanding

Special measures for scared / distressed witnesses S.17 YJCE Act 1999 or S.116 (2)(e) Hearsay.

4

Types of sentencing SA 2020

- Custodial Sentence, Community Order, Compensation Order, Ancillary Order, Fines, Discharge

Imposing Custodial Sentence S.230 SA. Custody threshold test - is it so serious that a fine or community order wouldn’t suffice.
Fines - no limit in Crown, subject to statues in Mags
Discharge - no punishment but on record or no punishment if no offence for allocated time period.

5

Purpose of Sentencing SA 2020

Purposes of sentencing S.57 :
A) punishment
B) reduction of crime
C) reform and rehabilitation
D) protection of public
E) making reparation by offenders to persons affected by their actions

6

Determining Appropriate Sentencing SA 2020

S.63 SA 2020
where a court is considering seriousness of an offence they must consider a) offenders culpability b) offenders harm i) caused ii) intended or iii) could have caused

7

Statutory Aggravating Factors SA 2020 S.64-72

S.64 - offence committed on bail
S.65 - precons
S.66 hostility for (a) racial (b) religious (c) disability (d) sexual orientation

8

High culpability indicators

- planning offence
- group offence
- causing gratuitous violence
- offending on bail
- relevant pre-cons
- alcohol / drugs
- professional offending
- abuse of trust

9

Low Culpability indicators

- Financial need rather than gain
- limited implications
- mental illness
- victim of violence has precons for violence

10

Turnball

A - amount of time
D - distance
V - visibility
O - obstructions
K - know person
A - anything standing out
T - time lapse
E - errors

Used to challenge weight of ID evidence

11

Types of ID procedure

Video ID, ID parade, Group ID