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Criminal Flashcards

(103 cards)

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1
Q

What is the mode of address for a lay magistrate in person?

A

‘Sir’ or ‘Madam’, individually
or collectively, ‘Your Worships’

Correspondence mr mrs full name JP

This addresses judges in magistrates’ courts.

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2
Q

What is the title for a district judge in the Magistrates’ Court?

A

Judge

Correspondence district judge (name)

This is the title used for judges in magistrates’ courts.

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3
Q

What do you call a Circuit Judge (including Recorders and Deputy Circuit Judges) ?

A

Your honour

Correspondence his/her honour judge (surname)

Circuit Judges serve in various courts, including Crown Court.

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4
Q

What is the mode of address for a High Court Judge in person?

A

My lord or my lady

Correspondence the honourable mr:mrs (surname)

This is the formal address used in court.

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5
Q

What do you call a fellow solicitor in court?

A

‘My friend’

This is a common way of referring to another solicitor in court.

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6
Q

What is the term used to refer to a fellow barrister?

A

‘My learned friend’

This is the respectful address for barristers.

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7
Q

Fill in the blank: The mode of address for a high court judge in the Crown Court is _______.

A

‘My Lord’ or ‘My Lady’

This reflects the formal etiquette in the Crown Court.

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8
Q

What is the collective term used to address lay magistrates?

A

‘Your Worships’

This is used when addressing multiple lay magistrates together.

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9
Q

What should persons do upon entry and exit from a courtroom?

A

All persons should bow.

This bow is directed towards the Royal Coat of Arms which sits behind the judge.

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10
Q

Who does the bow in a courtroom appear to be directed towards?

A

It may appear that you are bowing to the judge.

In reality, you are bowing to the Royal Coat of Arms.

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11
Q

What should all parties do upon the entry and exit of a judge in court?

A

All parties should stand upon the entry and exit of a judge in court.

This is usually signalled by the court usher calling ‘Court rise’.

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12
Q

When can two advocates be on their feet at the same time?

A

No two advocates should be on their feet at the same time unless they are both being addressed by the judge.

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13
Q

What should an advocate do if they stand to make an objection?

A

If one advocate stands to make an objection, the other advocate should take their seat.

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14
Q

When should an advocate be on their feet during a trial?

A

An advocate should be on their feet when questioning a witness, except in the Youth Court or when the witness appears by live link.

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15
Q

Where should the defence sit in the Crown Court?

A

In the Crown Court, the defence should always sit closest to the jury.

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16
Q

Where does the prosecution typically sit in the Crown Court?

A

Ordinarily, the prosecution would sit closest to the witness box.

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17
Q

Can the MC commit for sentence after trial?

A

Yes

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18
Q

Once an indication by the mc of a non custodial sentence been given is the mc bound a why?

A

Yes if the D pleads guilty immediately

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19
Q

Once an indication by the mc of a non custodial sentence been given when are they not bound?

A

When D pleads guilty at a later date

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20
Q

C/D under £5000 can the D elect CC trial?

A

No

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21
Q

Theft under £200 can the D elect CC trial?

A

Yes

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22
Q

What are the 10 IOJ - merits tests for Legal Aid?

A
  1. Loss of liberty
  2. Breach suspended sentence
  3. Loss of livelihood
  4. Serious damage to reputation
  5. Substantial question of law
  6. Understanding of proceedings
  7. Ws need tracing
  8. Expert cross examination
  9. Interests of someone else
  10. Any other reason
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23
Q

What does ss22 MCA 1980 relate to

A

Low value theft
Summary only
Can elect cc trial

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24
Q

What are the 3 ways the MC will take pleas

A

SO - MC will take a plea

TEW - MC will ask D to indicate a plea

IO - MC will ask if D intends to plead G

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25
What are the 3 steps for the inital hearing for a TEW
Plea Allocation Indicate of sentence
26
G plea at PBV N/G or no plea at PBV WHAT AT THE PROCESSES
G plea - Mc proceeds to sentence or commits for sentence N/G plea - s19 MCA 1980 process P submission D submission Court considers - sentencing powers/allocation guidelines P&D reps
27
What are the two options the MC can do at the allocation
Accept jurisdiction - s20 MCA 1980 Decline jurisdiction - s21 MCA 1980 and send s51 CDA 1998
28
What can d request after the allocation
D can ask for an indication of sentence
29
Does the MC have to give an indication of sentence if d requests one
No
30
Can the sentence be challenged if an indication of sentence has been given
No
31
Is the MC BOUND BY AN INDICATION OF SENTENCE
Yes if D pleads G immediately No if he pleads N/G
32
5 ways a D can be guilty by omission
A statutory duty A contractual duty Voluntarily assumed By relationship Dangerous situation
33
When can D still be guilty of an offence despite not immediately having the AR and MR
Continuous act Sequence of acts
34
What are the 3 ways consent defence will be invalid
V did not have capacity Consent not informed - v not told risk Consent not freely given e.g pressure/duress
35
Factual causation & legal causation
FC - but for test LC - operating and substantial cause
36
Review times
6hrs first then every 9hrs thereafter clock starts on detention
37
When does the clock start ticking for police to hold a D
On arrival at the station
38
What is a surety
A promise by a third party to pay a sum to the court of D absconds
39
A d wishes to appeal bail conditions imposed by the Mc what is the next step
An further appeal must be made to the MC FIRST in order to appeal to the CC
40
What does the P need to make clear to the jury in their opening speech
That they bear the burden of proof beyond a reasonable doubt
41
That is the test for the defence to submit a no case to answer
Galbraith Submission Elements of the offence not made out & where the Ps case at its highest is such that a jury properly directed could not properly convict on it
42
The D has a right to not give evidence but what will happen.
May be subject to an adverse inference - a D cannot be found guilty on the basis of an adverse inference alone
43
What happens if a jury cannot agree a verdict
The judge can discharge them and the P can decide to retry the D at a later date
44
In the MC does the D have the right to make an opening speech
No
45
Should a bench of mags identify whether they came to a unanimous/majority decision
No
46
What should the MC do if a D is convicted
Give sufficient reasons to explain its decision and give D a full argument certificate
47
When a legal advisor provide legal advice to the justices what should they do
Be given publicity even if they attend to the MC when they have retired
48
What is the difference between remand time limits and custody time limits
Remand time limits is how long a D can be remanded until next hearing and custody time limit is the max time a D can be held for the whole time until case concludes
49
If a P wishes to extend time limits for a D who is in custody what is the test
Must show on the BOP there is a good and sufficient cause and it has acted with due diligence and expedition
50
Custody Time Limits
56 days MC SO 182 days IO 70 days for committals 70 days TEW IN MC reduced to 56 if the allocation hearing is held within 56 days
51
If the court refuse bail what must it give
Reasons for its decision
52
What are the substantial grounds the P must show for believing if D released on bail should be remanded
Fail to surrender to custody Commit an offence whilst on bail Interfere with witnesses Obstruct the course of justice D committed an IO whilst on bail for a different offence D granted bail and while on bail breached conditions or absconded
53
Regarding bail what does D have right to
A prima facie right to bail
54
What are the exclusions to bail (which means the right to bail does not exist)
D convicted in MC or CC and court has to adjourn for sentence D appealing conviction or sentence Murder/manslaughter/rape/attempts AND has a previous conviction of one of these
55
What must the P show to rebut the presumption of a right to bail
A real prospect of a custodial sentence
56
What is the test for D being released on bail for an exclusion
Exceptional circumstances
57
What type of offences do the exception to bail apply to
TEW or IO offences
58
If bail is successful p can apply for conditions what must be satisfied for a condition to be attached
Justified and Necessary - I.e deal with the concerns Relevant/proportionate and enforceable
59
Can d make another bail so after his first
Yes and can be on the same face s
60
Can d make a further bail app after his two attempts
Yes but only if new facts arise
61
What is an alternative a D can do regarding bail when refused in MC twice
Apply to the CC only for TEW or IO
62
What does the prosecution need to demonstrate for a person under 18 to give evidence by way of special measures
That the child's evidence would likely be improved
63
What Ws are competent and the exception
As a general rule all persons even children are competent to give evidence Exception if it appears to the court that they are unable to understand the Qs and give answers which can be understood Any challenged by a party is on the BOP
64
Is the D and Co-def a competent W for the prosecution
No to both A Co-def could be if they plead or are acquitted
65
66
Who is not compellable for the D
The D The Co-D
67
Who is not compellable for the P
D Co-def Spouse of D (unless for a specified offence)
68
What is a specified offence where the spouse is compellable for the P
Assault to spouse or a child under 16 Sexual assault to child under 16
69
What is the 2 stage test to allow for special measures
Is w vulnerable or intimidated Under 18 Evidence is like to be diminished due to physical/mental disorder Would SM improve the quality of evidence given by W Evidence will be finished due to fear or distress (consider individual circumstances)
70
What does a J need to do if a W gives evidence by way of SM
Warn the jury that any SN must not prejudice the D
71
What special rule exists for special measures for certain people
Children - EIC pre recorded and live link for XExaminatikn victims of sexual offences Pre recorded EIC
72
Does the D have the right to an opening speech In the MC
No only a closing speech
73
Who can do a closing speech in the MC
P & D
74
Can the D give an opening speech in the CC
Only if they intend to call one witness
75
Who can give a closing speech in the CC
P & D
76
What are the exceptions to where a no case to answer should be heard after all evidence not just half time
Murder/attempt Manslaughter S20/s18
77
Galbraith test is for what
No case to answer
78
Galbraith test can occur on 2 occasions
1. No evidence of a crime, judge can stop the case 2. J concludes where the P case at its highest is such that a properly directed jury could not convict
79
What does s22a MC 1980
Low value shoplifting Tried summarily Unless D is 18 & decides to elect trial
80
What two circumstances does the presumption of bail not exist
D charged with MURDER D charged with a serious offence and has a previous conviction for one
81
What is the test for a police officer to arrest someone for breach of bail conditions
Reasonable grounds to suspect that they have or will likely breach the conditions
82
How long after arrest for breach of bail conditions does a D have to be brought before the MC
24 hours
83
Is breach of bail conditions an offence
No
84
What is the starting point for confessions and the two grounds
They are admissible unless D challenges the application S78 breach of PACE and not in the IOJ to allow S76 obtained by oppression/things done or said by police invalidly
85
86
Bad character gateways
* Agreement of all parties * Evidence adduced by the D * Important explanatory evidence: The evidence is crucial to understanding the facts of the case. * Relevant to an important issue between the defendant and prosecution: This is a common gateway, where the evidence has substantial probative value on a significant issue in the case. * Relevant to an important issue between the defendant and a co-defendant: Used, for example, if one defendant is trying to shift blame to another. * To correct a false impression: If the defendant has given a misleading impression about their character, bad character evidence can be introduced to set the record straight. * The defendant has made an attack on another person's character: If the defendant attacks the character of a witness or another person involved in the case, their own bad character can be revealed.
87
When must standard due diligence checks be carried out
The solicitor must carry out standard customer due diligence checks before carrying out an occasional transaction of over £15,000, as this is a standard requirement under the Money Laundering Regulations. As the transaction contemplated is for a residential property valued at £100,000, the solitice is required to carry out customer due diligence checks.
88
When can the P appeal against bail conditions
the prosecution can appeal to a judge of the Crown Court against the decision to grant bail, although this is rare. The appropriate avenue is the Crown Court because robbery is an indictable offence and any appeal against bail by the prosecution must be for an indictable offence.
89
Special measures for youths
The victim is eligible for special measures because she is under 18, but judicial discretion applies as to which measures may be granted.
90
Special measures and the defendant
The defendant is over 18 and is eligible to apply for special measures because he has a significant impairment of intelligence and social function. However, the judge can refuse the application.
91
What is the legal position regarding the judge’s use of the Sentencing Guidelines
The judge must follow the Sentencing Guidelines unless this would be contrary to the interests of justice.
92
G plea reduction and timing
33% first hearing 20%/ 25% after first hearing b4 trial 10% day of trial or during trial
93
Does the P need to distinctly allege that a person was an accessory to a crime
No they are simply accused of the principal offence
94
If it is clear BRD that a D acted as principal or accessory by encouraging the principal the P can do what
Seek to prove the case against the D on the basis that they must have done one or the other & jury will be directed that it needs to agree BRD which role the person took
95
When is there no accomplice liability
Summary only offences
96
How is aid abet counsel and procure now interpreted to mean by the courts
Assisting or encouraging the commission of the offence
97
If no offence was committed by a principal can the accomplice be liable
There can be no accomplice liability
98
Does a principal offender need to be convicted for an accomplice to be convicted
No the offence needs to be committed but the principal could be found not guilty and the accomplice still be liable
99
What is needed for the accessories MR
Intention to assist or encourage and a degree of knowledge of what was being assisted
100
For withdrawal from participation by a D what needs to happen
Clearly communicate their withdrawal to the other participants Withdraw before offence complete Running away/not turning up not enough
101
Can an attempt be a summary offence
No only TEW or IO offences
102
Can you aid abet counsel procure an attempt offence
No
103
What does section 1 of the Criminal Attempts Act state
A D will be guilty of attempting an offence if they have done an act that is merely more than preparatory

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