Criminal

Question 1

What is the definition of theft?

Answer 1

Dishonestly appropriate property with the intention to permanently deprive

Question 2

What are requirements of robbery?

Answer 2

Force/ intimidation - immediately before/ at time
In order to steal

Question 3

Requirements for robbery?

Answer 3

Force / intimidation (immediately before/ at time);
In order to steal

Question 4

What is the sentence for burglary?

Answer 4

10years // 14 if a dwelling house

Question 5

What are time limits for spent convictions?

Answer 5

4 years+ - never spent
30montjs -4yrs - 7yrs
30m - 4 years
6m - 2 years
Community order - 1 year

Question 6

What is the res getae exception to hearsay?

Answer 6

Statements made in contemplation of an event admissible eg A can repeat what B said

Question 7

When is confession evidence inadmissible?

Answer 7

Can show made
A. In oppression
B. Unreliable

Must prove beyond reasonable doubt

Question 8

What are the steps to challenging admissibility in magistrates and Crown Court?

Answer 8

1) C.C - determined by trial judge at a voire dire (no jury)

2) Mag - at the close of prosecution case

Question 9

What is a newton hearing?

Answer 9

Dispute of facts

Question 10

Where are indictment, either way and summary offences tried?

Answer 10

Indictment - Crown court

Either way - mag/ crown court

Summary - magistrates

Question 11

What is the sentencing power of magistrates court?

Answer 11

12months

Question 12

Where is a case allocated if 2 offences of different pleas?

Answer 12

Allocate according to not guilty plea

Question 13

What happens if plead non guilty?

Answer 13

Pre sentence report, plea before venue, allocation

Question 14

How is work at police station charged?

Answer 14

Fixed fee

Question 15

What is max period of custody before trial?

Answer 15

70 or 56 for summary offences

Question 16

What is s47 offence?

Answer 16

Common assault

Question 17

What is s20 offence?

Answer 17

GBH

Question 18

What is s18 offence

Answer 18

GBH with intent

Question 19

Mens rea for assault?

Answer 19

Intend to cause immediate unlawful force or reckless to it

Question 20

Mens rea for GBH?

Answer 20

Intend/ reckless to GBH or foresee some harm

Question 21

Mens rea for murder?

Answer 21

Malice afterthought - intend to kill or a virtual certainty

Question 22

Two requirements for evidence

Answer 22

1- must be relevant
2- must be admissible

Question 23

Who bears standard of proof/ what is standard?

Answer 23

Prosecution - beyond reasonable doubt

Question 24

Whos burden to prove if defence of insanity or duress raised?

Answer 24

On D to prove

Question 25

3 categories of Turnball guidance

Answer 25

1. Good ID - judge still warn on relying only 2. Bad(but evidence) - warning 3. Bad(no evidence) - dismiss and acquit D

Question 26

When can you delay suspects rights to have someone informed/ consult with solicitor?

Answer 26

1. Can only be delayed by superintendent (or inspector if someone informed) 2. Must be indictable only offence 3. Max 36hrs Only if: Interference/harm/alert others/hinder

Question 27

What is the detention clock?

Answer 27

1.24hrs 2. 36hrs (secure evidence, indictable, investigation diligent) - must be authorised by superintendent 3.72hrs - need warrant from magistrates 4.92hrs - further warrant

Question 28

Can an estranged parent be an appropriate adult?

Answer 28

No

Question 29

What does superintendent, seargant, and inspector do?

Answer 29

Superintendent - delay detention clock, authorise detention Inspector - delay right to inform, review clock Sergeant - search, welfare, custody record

Question 30

What is the detention review?

Answer 30

Review if detention still applicable Review 6 hours from arrival and then 9 hours then 9 hour intervals

Question 31

What is a youth referral order?

Answer 31

Made if pleads guilty . Sent to youth offender panel to help stop further offending

Question 32

What is a youth referral order?

Answer 32

Made if pleads guilty . Sent to youth offender panel to help stop further offending

Question 33

If bail is refused where is a youth sent?

Answer 33

10-11yrs - local authority accomodation 12-17- youth detention (offence must be violent or sexual and a need to protect public)

Question 34

What court are serious youth crimes sent to?

Answer 34

Homicide - crown court Firearm - crown court Grave eg rape, robbery, GBH - maybe youth court or maybe CC

Question 35

What are rules for withdrawing from committing crime?

Answer 35

Before : timely and unequivocal During: more than communicate

Question 36

When is the only time leading questions can be used?

Answer 36

During cross examination

Question 37

After disclosure how long does D have to provide a statement of case if pleading not guilty?

Answer 37

Mag - 10 days C.C - 20 days

Question 38

When is written evidence admissible?

Answer 38

1. Signed and dated 2. Statement of truth 3. Copy served on all parties 4. No party objects in 7 days

Question 39

When is someone who is competent to give evidence not compelled to give evidence?

Answer 39

- is the accused or co accused

Question 40

How long after case management directions is hearing in magistrates?

Answer 40

8 weeks or 14 weeks if expert evidence

Question 41

What is the mode of address in crown court / magistrates?

Answer 41

Crown - honour Magistrates - your worships

Question 42

Procedure in C.C?

Answer 42

1. Jury 2. P opening speech 3. P witness 4. No case to answer? 5. Defence 6. Closing soeeches 7. Judge summary 8. Jury decision

Question 43

Procedure in magistrates?

Answer 43

1. CPS opening speech 2. Witness (usually victim) 3. No case to answer? 4. D Witness 5. P closing speech 6. D closing speech 7. Verdict

Question 44

How long to appeal?

Answer 44

Mag to CC- 15 days CC to CofA - 28 days

Question 45

How much of sentence is served in prison?

Answer 45

50%

Question 46

What are the guilty plea reductions?

Answer 46

1/3 - guilty in 1st stage of proceedings unless this is unreasonable 1/4 discount after

Question 47

When can you appeal conviction in CC?

Answer 47

If “unsafe”: a. Jury not guided on standard of proof b. Judge not give right warnings c. Hearsay wrong d. New evidence