Criminal Flashcards
1
Q
What are the different conditions for the Legal Aid Interests of Justice test?
A
- Loss of Liberty
*Suspended order/non-custodial which may now = original offence being examined
*Loss of Livelihood - Damage to Reputation
- Substantial Q of Law
- Lack of understanding due to English, age, disability etc
*Cross-examination needed - Tracing/nterviewing of Witnesses
- interests of Others
- Any other reason
2
Q
When is a special caution given?
A
*When suspect fails to account for objects, substances, marks found on their person or in their possession and/or presence at place attributable to offence
*Must be told offence being investigated, facts being asked to account for, the fact may be due to them partaking in offence, court can draw inference for failure/refusal to account for fact and record may be made and provided as evidence
3
Q
What are the custody time limits?
A
*56 days summary
* 70 days either way in mag
* 182 days for CC
