Crime Flashcards
(158 cards)
1
Q
When does the 24 hour period of detention start?
A
If already arrested, at time of arrival to station.
If turning himself in, at time of arrest at police station.
2
Q
What is the difference between factual and legal causation?
A
Factual: But for test.
Legal: No actus interveniens.
Both needed for Actus Reus.
3
Q
What is needed for a juvenile to be interviewed at police station?
A
An appropriate adult and a solicitor.
4
Q
Who can authorise extending detention at a police station by 12 hours and what are the conditions?
A
Superintendent.
Conditions are that offence has to be indictable, detention is necessary to preserve evidence and investigation is diligent and quick.
5
Q
Who can authorise extending detention at a police station beyond the original 24 + 12 hours?
A
The magistrate’s court.
Conditions are the same as extending original 24 hours.
6
Q
What are the 4 rights of a suspect in detention?
A
To be informed of which offence they have been arrested for.
To have someone informed of their arrest.
To obtain legal advice.
To consult the codes of practice?
7
Q
When should an identification procedure be held?
A
When a witness has identified a suspect or thinks they can and the suspects disputes being the criminal.
8
Q
When should an identification procedure NOT be held?
A
When it would serve no useful purpose, which is the case if a suspect admits to being known by a witness.
9
Q
What are the three types of intent?
A
Basic: intent or recklessness.
Indirect: Outcome was virtually certain and was foreseen as such.
Specific: intent and not recklessness.
10
Q
What is NOT a novus actus interveniens?
A
Medical negligence unless completely independent of crime.
The victim having a thin skull.
A victim neglecting themselves or committing suicide after crime.
Note: There is no novus actus interveniens if the crime remains a substantial and operating cause.
11
Q
When can a youth caution (referral order) be given?
A
When there is substantial evidence and the kid admits guilt and the police do not want to charge.
12
Q
What is the hierarchy of appropiate adults for juveniles?
A
Parents then social workers then random responsible adults.
13
Q
Who is NOT an appropriate adult?
A
A solicitor or police officer or estranged parent or someone to whom an admission has been made.
14
Q
When is an identification procedure invalid?
A
When a picture is shown beforehand or there is less than 8 people or there is a scar on someone that is not replicated on the others or concealed or the identification is made before seeing all 8 suspects twice or the procedure is not recorded.
15
Q
Besides juveniles, who else is a vulnerable client?
A
The mentally ill or non-English speaking or deaf or blind.
16
Q
What is the hierarchy of appropriate adults for vulnerable clients?
A
Relatives then social workers then other responsible adults.
17
Q
When can someone’s interview be excluded at the court’s discretion?
A
If they were denied a right and there is a possible causal link between this and what they said in the interview.
18
Q
When is an interview void due to oppresion?
A
If the suspect was threatened or the police officer raised their voice.
19
Q
When can an omission to act lead to criminal liability?
A
If there is a duty of care, special relationship (parent-child) or the defendant has created a dangerous situation.
20
Q
What is an offence of strict liability? Give an example.
A
It is an offence that does not require mens rea.
Drunk driving.
21
Q
Rank the 5 types of assault.
A
- Simple assault - apprehension of unlawful force.
- Battery - Unlawful personal force.
- Actual bodily harm - S 47
- Grievous bodily harm aka maliciously wounding - S 20
- Wounding with intent - specific intent - S 18.
22
Q
What is the mens rea for actual and grievous bodily harm?
A
Intent or recklessness as to the lesser form of assault.
23
Q
What is the mens rea for wounding a police officer with intent?
A
Intent or reckless to actual bodily harm AND resist arrest.
24
Q
What is the court process for an either-way offence?
A
Magistrate’s court decides whether to accept jurisdiction and then defendant consents or elects to go to Crown Court.
25
When can bail NOT be granted if the sentence is non-custodial?
If the defendant needs to be protected or there is a risk of further offending. Otherwise, bail must be granted.
25
What are the reasons for objecting to bail?
1. Failure to surrender to custody.
2. Committing offence.
3. Protecting the defendant through custody.
4. Interfering with witnesses.
26
List possible conditions of bail.
1. Security.
2. Third person surety.
3. Confiscated passport.
4. Curfew.
5. Specific place of residence.
6. Reporting to police station periodically.
7. Non-communication with witnesses.
8. Not entering specific areas.
27
What is the time limit for being in custody before trial?
70 days in general. Trial must be within 56 days of allocation hearing.
28
When is a Crown Court trial preferable over Magistrate's?
When there is going to be an issue of admissibility of evidence. Jury will leave and not see evidence if it judged inadmissible. There is also a statistical greater chance of acquittal by a jury.
29
When is a Magistrate's trial preferable over CC?
It is cheaper and faster. Judge cannot give costs order if defendant is eligible for legal aid.
30
When would a solicitor be misleading a court?
If they represent a client who they know is answering questions falsely. The solicitor should stop representing the client before allowing this.
31
What should be known about an indication of sentence?
A Goodyear indication of sentence is binding unless D pleads not guilty.
32
What is the mens rea of murder?
Intending to kill OR cause grievous bodily harm. No recklessness applies - it is a crime of specific intent.
33
What satisfies unlawful act manslaughter? What is the mens rea?
When an unlawful, deliberate and dangerous act kills someone. It has to be dangerous.
The mens rea is the same mens rea as that of the unlawful act.
34
When does a balance of probabilities apply to criminal law?
When a defendant raises a defence and has a legal and evidential burden to prove it.
35
When is supporting evidence needed along with identification evidence?
When the identification evidence is of poor quality.
Poor quality identification with no supporting evidence is admissible but the judge should ask the jury to acquit the defendant.
36
What are the three elements of loss of control?
1. Loss of control due to a
2. Qualifying trigger which
3. A normal person of the same age and sex might have reacted the same.
37
What are and are NOT qualifying triggers?
A desire for revenge is NOT a qualifying trigger.
Fear of violence and grave circumstances causing one to feel seriously wronged are.
38
What are the elements of diminished responsibility?
1. Abnormal mental functioning
2. Caused by a recognised condition.
3. Causes lack of capacity to understand what you're doing.
39
When will an adverse inference be made?
Failure to mention something later relied on.
Failure to say something which is reasonably expected to be mentioned.
Failure to answer to whereabouts or certain objects.
40
When will an adverse inference NOT be made as a result of silence during interview?
When a written statement was given with all the facts or the physical or mental condition of the defendant makes it undesirable to give evidence.
Note: a 9 year old being silent lead to adverse inference.
40
What must be given during interview for an adverse inference to be later made?
Special caution that an adverse inference be made if the question is not answered.
41
How many other images should be shown in a video identification procedure?
12 other people besides the suspect or two suspects if there are two.
42
What is a solicitor entitled to upon arrival at station?
Inspect the custody record.
Information about offence and why it is suspected.
43
How many people in an identification parade?
8 besides suspect.
44
Can a juvenile give consent to identification procedure?
Not if they are under 14, in which case only the consent of the parent is required.
45
When is theft or damage summary only?
Theft less than 200.
Damage less than 5000. NOT Arson.
46
Will legal advice to remain silent protect you from an adverse inference?
Not automatically but a jury will be directed not to draw an adverse inference if you genuinely and reasonably relied on the legal advice.
47
What is hearsay?
A statement not made in court that is relied on as evidence.
48
What is the difference between first hand and multiple hearsay?
First hand hearsay is when a witness, in court, repeats a statement they themselves heard.
Multiple is when the statement was passed on by multiple people before repeated in court.
49
When is hearsay admissible under the statutory provisions?
Witness is unavailable physically or afraid - only applies to first-hand hearsay.
Professional documents
Witness statement and the person has now forgotten.
50
Why are diary statements not hearsay?
Hearsay statement must be made with the purpose of causing someone to believe something.
51
What is the common law exception for hearsay?
If you make a confession to someone quickly after the event, it is admissible hearsay.
52
What type of confession is inadmissible? What type of confession is unreliable?
One obtained via oppression.
Unreliable if defendant was denied refreshments or legal advice or the strength of the prosecution was misrepresented or the defendant was unstable. Basically, the police breached protocol and therefore affected the quality of the defendant's admission.
53
Will hearsay be admissible if all parties agree to make it admissible or the court is satisfied that it is in the interests of justice?
Yes.
54
Which types of character evidence can the court NOT exclude at its discretion?
- All parties agree to it being admissible.
- Character evidence given by the defendant himself.
- Important probate value to an issue in contention.
55
What type of character evidence can be admitted to trial?
- Evidence to correct false impression given by defendant.
- The defendant attacking someone's character in proceedings.
- Evidence of a propensity to commit this type of crime or be untruthful.
- Probate value to an issue in contention of substantial value.
- Impossible to understand the case without the evidence.
56
Are convictions of dishonesty seen as a propensity to be untruthful?
No. Just because you commit fraud doesn't mean you lie in court as a defendant.
57
Is evidence of a witnesses's propensity to be dishonest admissible to undermine credibility?
Yes.
58
Is hearsay admissible if you heard someone making a confession?
Yes. Confession is one of the exceptions to the hearsay rule.
59
Can you admit bad character evidence of someone who is not even a witness?
Yes.
60
Is there a difference between offences of the same category and offences of the same kind?
Yes. Be careful about that.
61
Do you have to confess to committing the crime for a statement to be a confession?
No. The confession only needs to be partly adverse to you.
62
When is propensity irrelevant and therefore inadmissible?
When it is not relevant to an issue in question such as:
Is the defendant more likely to have committed this crime?
Is the defendant being honest in his what he's saying in defence?
63
What is the actus reus and mens rea of criminal damage?
AR: damage to property belonging to another.
MR: intent/knowledge or recklessness of damaging the property and knowing it belongs to another.
64
What are the two lawful excuses for criminal damage?
I believe I would've had the owner's consent.
I believe the property needed to be protected.
65
What is the Actus Reus for Aggravated Criminal Damage?
AR and MR of criminal damage.
Intent or recklessness as to endangering the life of another is an added element of the mens rea.
No one's life needs to have actually been endangered.
66
What is arson?
Criminal damage by fire.
67
Does lawful excuse apply to aggravated criminal damage or aggravated arson?
No.
68
How can the defence challenge the admissibility of an admission obtained illegally?
By saying that it was obtained in circumstances rendering it unreliable OR would have an adverse effect on the fairness of the proceedings.
69
Are theft and burglary of the same category of offences?
Yes.
70
When will a court issue a witness summons?
Only when the witness has not responded or refused to be a witness.
71
Does the CPS need to disclose all evidence which it intends to rely on?
Yes.
72
When can the CPS withhold disclosure?
When it is in the public interest and with the approval of the court.
73
Does the defence need to provide a defence statement?
Yes in the crown court.
Adverse inference may be drawn if the defence doesn't do this.
74
How many jurors are there?
12.
75
What happens if the jury cannot reach a unanimous verdict?
Return after 2 hours 10 minutes and give majority verdict.
Not mandatory.
76
Can the defence apply to the court for an order of disclosure?
Yes.
77
What should advocates avoid in their questions to witnesses during examination in chief?
Open-ended questions that don't control the witness.
Leading questions with answers in the question.
77
Does a witness need to wait outside a courtroom before testifying?
Yes unless they are an expert or a party to the case.
77
What is the overriding objective of the courts?
To deal with cases justly in an efficient and expeditious manner.
77
Can the legal advisor to magistrates advise on points of law AND practice?
Yes.
77
Which offences get sent to the crown court?
Indictment-only.
Either way related to the indictment only on the same facts.
Summary-only punishable with imprisonement.
78
When is there no case to answer?
No evidence.
Discredited evidence.
So manifestly unreliable evidence.
79
Who is NOT competent to give evidence?
Anyone without mental capacity.
A co-accused who has not pleaded guilty and has ulterior motives.
80
Who is NOT compellable to give evidence by the prosecution?
- Spouses of accused unless offence is violent or sexual or complainant is a minor under 16.
Remember: not compellable means they can still be called. They just can't be compelled and this only applies to the prosecution.
81
When does a co-accused sever from an accused and become a competent witness?
- Plead guilty.
- Separate trials.
- Acquitted.
82
Are two offences 'related to each other' for the purposes of trial allocation if they involve the same victim but take place a week apart?
Yes.
83
When will a 'trial within trial' voir dire take place regarding the admissibility of evidence?
When it becomes necessary, which is probably going to happen during the prosecution's case.
84
What is the purpose of cross-examination of a witness?
To put your client's version of the events to the witness and include it in your questions.
85
Which witnesses are eligible for special measures?
- Victims of sexual offences.
- Mental or physical disorder.
- A witness likely to be affected by their fear of giving evidence.
- Minors.
86
What type of indication of sentence is binding?
Goodyear indication - the indication is binding so long as the defendant pleads guilty then and there.
87
At what age can a witness not be sworn as a witness?
Under 14 they can't be sworn but as long as they can understand the questions they can still be witnesses.
88
What is contempt of court?
Refusing to be a witness or answer questions - crime.
89
When are leading questions allowed?
During cross-examination but NOT during examination-in-chief.
89
During trial, who opens and who closes?
Prosecution opens.
Defence closes.
90
What are some aggravating factors in sentencing?
- Previous convictions if it reasonable to consider it (how much time has elapsed + similarity of offence).
- Offences committed while on bail.
- Racial or religious or LGBT aggravation.
- Premeditation.
- Gang behavior.
- Targeting the vulnerable.
- Abusing power.
- Using a weapon.
- Failure to respond to previous sentences.
91
What are some mitigating factors for sentencing?
- Impulsive behavior.
- Provocation.
- Mental illness.
- Particularly young or old defendant.
- Defendants who acted from fear.
- Defendants who tried to make reparation to their victim.
92
93
94
To which court does an appeal go from the Magistrate's Court? How soon does defendant need to apply?
QBD of High Court if there has been an error of law or procedure - 21 days since incorrect decision.
Crown Court if there has been no error of law or procedure - 15 working days since sentence
95
Can the Crown Court, on appeal, give a sentence longer than the one given in the Magistrate's?
Yes as long as it was within the Magistrate's Court's ability to give that sentence (which is six months).
96
What is the maximum sentence the MC can impose?
Six months for summary only.
Twelve months for either-way.
97
How many days do you have to appeal to the Crown Court?
28 days from date of conviction, not date of sentencing.
98
When will people usually be released from prison?
Halfway through their sentence and then subject to supervision or, if very serious, parole.
99
What is the requirement for an acquittal to be set aside and a retrial to be approved by the Court of Appeal?
Two fold test.
Evidential and interests of justice test.
100
Which previous sentences can be taken into consideration when sentencing someone?
Of the same kind and less serious.
101
What is the effect of other offences taken into consideration?
After identifying starting point and category range for sentencing, the magistrate's will treat the other offences as aggravating factors.
102
What is a Newton hearing and what happens during one?
Guilty plea but disputed facts.
Both parties call evidence as to the facts of the crime. Court determines facts to base sentence on.
103
Does the defence need to request a Newton Hearing?
No.
104
What is the minimum and maximum custodial sentence that can be suspended?
14 days to two years.
105
What is the minimum and maximum operational period of a suspended sentence?
Six months to two years.
106
Are you voluntarily or involuntarily intoxicated if a prescibred drug has an undesired effect on you?
Involuntarily.
107
If you become aware that you've been spiked, are you now voluntarily intoxicated?
No.
108
Are you able to plead the defence of lawful excuse for criminal damage even if your beliefs were a result of intoxication?
Yes.
109
Are loss of control and diminished responsibility full or partial defences?
Partial.
110
When is involuntary intoxication a defence?
When you lack the mens rea and you didn't get high on purpose.
111
To claim self-defence, does your belief that you're under attack need to be reasonable?
No. It just needs to be genuine.
112
What is householder self-defence?
You can be forgiven for some disproportionalty in your self-defence if an intruder is in your home.
It cannot be grossly disproportionate.
113
For the purposes of self-defence, will a court take into account mental health conditions when assessing whether the use of force was reasonable?
No.
114
What are the conditions for a minor to be held in youth detention accomodation?
- At least twelve years old.
- Must have legal representation.
- Offence must violent or sexual AND be punishable with 14 years or more for adults. OR the kid has a recent record of absconding or committing crime.
- Court believes it necessary to protect the public from death or injury or the youth re-offending.
115
Which court does a minor go to if he committed a crime with an adult?
If the adult goes to Crown, juvenile MAY be sent there.
If the adult goes to Magistrate's, juvenile MUST be sent there.
116
What is the minimum and maximum custodial sentences that minors can receive?
Four to twenty-four months.
117
What are the conditions for a 12 to 14 year old to receive a custodial detention and training order?
They must be a persistent offender.
118
How old do you need to be to commit a crime?
10.
119
Which youth offences need to be sent to the Crown Court?
Homicide offences.
Firearm offences with youth older than 16.
Grave crimes (14 years or more) at the option of the youth court.
120
When a minor is tried in the Magistrate's Court, does he have to be sentenced there?
No his case can be remitted to the Youth Court for sentencing.
121
Who is allowed into a Youth Courtroom?
All legal staff and court staff and press and the defendant's family.
122
Can minors be fined by a criminal court?
If they are 16 yes but it must be paid by the parents.
123
Who is a persistent young offender?
Three previous convictions for separate occasions in the past 12 months.
124
Who decides if an act is more than merely preparatory?
A question of fact for the jury to decide.
125
Can you attempt to commit a crime even if it was impossible?
Yes.
126
What is a curious difference between murder and attempted murder?
For murder, intent must be to kill or cause grievous bodily harm.
For attempted murder, intent must be to kill.
127
What is oblique intent?
Not intending something directly but knowing that it was a virtually certain consequence.
128
What is the mens rea of accomplice liability?
- Intending to do the act which aided, abetted, procured, or counseled.
- Having knowledge of the crime being helped.
129
If I read information from a document that is not mine, am I guilty of theft?
No.
130
Does breaching a bail condition amount to a crime?
No but it will almost certainly lead to arrest.
131
What should a court do if a defendant, after bail, pleads guilty at first hearing the court cannot yet impose a sentence?
Continue bail even if it sees that a custodial sentence is likely.
132
What type of harm needs to be inflicted for burglary?
Grievous bodily harm.
133
Who can elect to have their trial heard in the Crown Court?
Anyone charged with any crime.
134
When is damage to your own property able to satisfy Criminal Damage?
When you intend or are reckless to endangering life of another through damage of your own property.
135
What is Res Gaptae Hearsay?
Statements given so closely to the event that the possibility of concoction can be disregarded.
136
When is foraging of crops a crime?
When it is for commercial sale not personal eating.
137
Can evidence illegally obtained be admissible?
Yes.
138
When will 'suspected' aiding and abetting of crime NOT lead to accomplice liability?
When the person helping doesn't know what type of crime would be committed.
139
Does oblique intention apply to attempted murder?
Yes.
140
Does intangible property count in theft?
Yes but not confidential information.
141
What can the police take from a suspect without consent and using reasonable force during investigation?
Fingerprints but not blood.
142
Who can authorize 36 hour detention?
An inspector.
143
Which defence does the defence have the legal burden of proving?
Diminished responsibility.
On the balance of probabilities.
144
What is the longest the magistrate's court can hold someone in custody after first appearance?
8 days.
145
Can you extend 24 hour detention for a summary offence?
No it must be indictable.
146
When does defence statement need to be served?
28 days of unused material.
147
Can a solicitor's money be client money?
No. It is firm money.
148
Who is entitled to a good character direction in court?
Anyone not previously convicted of a crime.
149
When does the defence make a case for no case to answer?
After prosecution make case.
150
How soon after summary only offence must charge be sent to the defendant?
Six months.
151
What is duress in criminal law?
Threat of serious physical injury.
