Criminal Flashcards
(141 cards)
1
Q
What does Section 4 of the Bail Act 1976 state regarding bail?
A
A defendant shall be granted bail except as provided in Schedule 1 to this Act.
2
Q
Under what condition can a defendant be denied bail according to Section 2 of Schedule 1 of the Bail Act 1976?
A
If the court is satisfied there are substantial grounds for believing the defendant would:
* fail to surrender to custody
* commit an offence while on bail
* interfere with witnesses or obstruct the course of justice.
3
Q
What is the role of the solicitor during the magistrates’ first hearing?
A
The solicitor will be present and the defendant has the chance to speak with the solicitor before the hearing about the intended plea
4
Q
What can happen if a defendant violates bail conditions?
A
The defendant could be arrested and held in custody until the conclusion of the case.
5
Q
What information is the defendant asked to provide when entering the dock in court?
A
The defendant is asked for their name, address, date of birth, and nationality.
6
Q
What are the possible pleas a defendant can enter?
A
Guilty or Not Guilty.
7
Q
What happens if the defendant pleads Guilty?
A
The magistrates can make a direct sentence, arrange a further date to sentence to allow time for a sentencing report, or if they do not have sufficient powers, send sentencing to the Crown Court.
8
Q
What happens if the defendant pleads Not Guilty?
A
The court will decide which court the trial should be heard in, and the prosecution and defense will make representations.
9
Q
What types of offences are mentioned in relation to trial jurisdiction?
A
Summary, either way, and indictable only.
10
Q
Fill in the blank: A defendant may be denied bail if there are substantial grounds for believing they would _______.
A
fail to surrender to custody, commit an offence while on bail, interfere with witnesses.
11
Q
What is a criminal record?
A
A documented history of an individual’s criminal offenses and legal penalties.
A criminal record can affect employment opportunities.
12
Q
Who may disclose a criminal record to employers?
A
The individual with the criminal record or revealed in checks
13
Q
What are the types of discharge for criminal records?
A
Absolute discharge and conditional discharge.
A conditional discharge may have specific terms that must be followed.
14
Q
What does an absolute discharge mean?
A
The individual is released from legal penalties without any further consequences.
There are no additional penalties after an absolute discharge.
15
Q
What is required for a conditional discharge?
A
No further offence’s must be committed during the specified period.
Failure to comply can lead to penalties.
16
Q
What is a community order?
A
A court order requiring an individual to complete unpaid work in the community.
This can include tasks like litter picking, graffiti removal or voluntary work for charities
17
Q
What is an example of unpaid work in the community?
A
Tasks like litter picking or clearing up graffiti.
Voluntary work for charities may also qualify.
18
Q
Fill in the blank: A community order typically requires a certain number of _______.
A
[hours]
The number of hours can vary based on the sentence.
19
Q
What is the definition of co-defendants in a trial?
A
Co-defendants are jointly charged in the same trial.
20
Q
Can co-defendants be compelled to give evidence against each other?
A
No, co-defendants cannot be compelled to give evidence against each other.
21
Q
What happens when two defendants have their cases severed?
A
The trials are dealt with separately. They become compellable as prosecution witnesses against each other.
22
Q
What is a potential issue that arises with severance of co-defendants?
A
Conflict of interest.
23
Q
What court is a minor co-defendant likely to be tried in?
A
Crown court if serious enough for the adult to be tried there - it is in the minors best interest to be tried in the Youth Court.
24
Q
What factors are considered for an application for severance?
A
The danger of injustice of two trials and the needs of the witnesses.
25
Application of severance for two co- defendants
The court will consider the danger of injustice of two trials.
Take into account the needs of the witnesses, including the victim if there are two separate trials.
26
Where a minor co defendant is likely to be tried in the Crown Court look at factors that can be used in application for severance and tried in the youth court
Vulnerable
No previous convictions.
27
Fill in the blank: When two trials occur, the court will consider the ______ of injustice.
danger
28
True or False: Co-defendants can be forced to testify against each other if their cases are severed.
True
29
What is the formula for determining guilt in a criminal act?
criminal act + no defence = guilty.
30
What must coincide for a criminal act to be considered complete?
The act and intent must be together.
31
What are some focus areas of criminal law?
* Offences against the Person
* Theft offences
* Criminal Damage
* Homicide
* Fraud
32
What are the two types of Mens Reus?
* objective
* subjective
33
What’s the subjective mens reus
What the accused believed
Intention and recklessness
34
What’s objective men’s reus
What would a reasonable person believe
Negligence and dishonesty
35
What constitutes theft?
A person is guilty if he dishonestly appropriates property belonging to another with the intention of permanently depriving the owner of it.
## Footnote
Theft can include borrowing for so long that the property loses its practical value.
36
What types of property are included in the definition of theft?
Property includes:
* Money
* Real property
* Personal property
* Things in action
* Other tangible property
## Footnote
This definition encompasses a wide range of assets.
37
What is burglary?
Entering a building as a trespasser with the intention to steal, cause criminal damage, or cause GBH.
## Footnote
There is no need for the defendant to actually steal to commit the complete offense of burglary; the intention is sufficient.
38
True or False: A person can be guilty of burglary even if they do not steal anything.
True
## Footnote
The intention to commit theft or cause damage is enough to fulfill the criteria for burglary.
39
What is fraud by false representation?
Occurs when an individual dishonestly makes a false representation, intending to make a gain for themselves or another.
## Footnote
This type of fraud focuses on the act of misleading others for personal benefit.
40
41
What doctrine may apply if a person's impairment affects their understanding, judgment, or control?
Diminished responsibility
## Footnote
This doctrine may lead to a charge of manslaughter instead of murder.
42
Can an offence be jointly committed by more than one principal?
Yes, if each has the actus reus and mens rea of the principal crime
## Footnote
Actus reus refers to the physical act, and mens rea refers to the mental state.
43
What makes a person guilty as a principal in a crime?
If they cause an innocent agent to carry out the actus reus on their behalf with mens rea
## Footnote
This principle holds even if the agent is unaware of their involvement in the crime.
44
What is required for someone to be guilty as an accessory?
They must encourage or assist the commission of the principal offence with intent and awareness
## Footnote
This means they know their actions will contribute to a criminal act.
45
In a joint enterprise, when can a defendant be guilty as an accessory?
If they intentionally encouraged or assisted the commission of an additional offence
## Footnote
This applies when that offence is part of the joint enterprise.
46
What qualifies a defendant to be guilty of an attempt?
If their acts were more than merely preparatory and they intended to complete the full offence
## Footnote
This highlights the importance of the defendant's intent in criminal law.
47
48
What are interviews at the police station considered?
Questions under caution.
An interview should start with a caution, it doesn’t can make an application for it to be withdrawn as evidence.
49
When should cautioning take place?
If there are reasonable grounds for suspecting a person of an offence and upon arrest.
50
Where should interviews typically take place?
In the police station.
51
What must be recorded during interviews?
The interview itself, ideally audio-recorded.
52
What access should a suspect have before and during an interview?
Access to legal advice.
53
Under what circumstances can access to legal advice be delayed?
The police can make you wait for legal advice in serious cases, but only if a senior officer agrees.
The longest you can be made to wait before getting legal advice is 36 hours after arriving at the police station (or 48 hours for suspected terrorism)
54
What can be drawn from a suspect's failure to account for their presence near a crime scene?
Adverse inferences.
55
What happens if a suspect remains silent during the interview?
Adverse inferences can be drawn unless they genuinely relied on legal advice to remain silent.
56
Who is entitled to have an appropriate adult present during investigative processes?
Mentally vulnerable and juvenile detainees.
57
Who can act as an appropriate adult for juveniles?
* Parents or guardians
* Local authority (if in care)
58
Who can act as an appropriate adult for vulnerable persons?
* Relative or guardian
* Social worker or other responsible person
* Some other adult experienced with vulnerable persons
59
Who cannot be appointed as an appropriate adult?
* Suspected of being involved
* Victim or witness
* Involved in the investigation
* Has received admissions from the suspect
* Solicitor representing
* Estranged parent
60
Fill in the blank: Interviews should be recorded and, ideally, _______.
[audio-recorded]
61
62
What are the two main remand options available?
Bail and custody.
63
What is a third option besides bail and custody?
Letting a person go without any remand decision.
64
Who can grant bail?
The police or the courts.
65
What is the presumption regarding bail for a person charged but not convicted?
There is a presumption in favour of bail.
66
Is bail discretionary after a person is convicted?
Yes, bail is entirely discretionary once convicted when the case is adjourned for reports before sentencing
67
What offences are exceptions for not granting bail?
* Murder
* Manslaughter
* Rape if previously convicted.
68
What is the basis for police to refuse bail?
Certain narrow reasonable grounds.
69
What factors are considered for refusing bail?
* Nature of the offence
* Seriousness of the offence
* Whether the offence is summary or not
* Whether it is imprisonable or not.
70
Under what conditions can bail be granted?
If conditions will deal with specific concerns relevant to the granting of bail.
71
What duty does bail impose on the defendant?
To attend a particular place at a particular time on a particular date.
72
What happens if a defendant fails to attend as required by bail?
It is considered an offence known as 'absconding'.
73
Is breach of bail conditions an offence?
No, but it can lead to arrest and revocation of bail.
74
Can conditions be imposed to ensure a defendant cooperates with the probation service?
Yes, if such conditions are necessary for the purpose of securing reports.
75
What are the exceptions to the right to bail?
* Risk of absconding
* Risk of further offences
* Interference with witnesses
* Danger to an associated person
* Offence committed whilst on bail
* Already serving a custodial sentence
* Arrested for absconding
* Not practicable to bail.
76
True or False: Conditions for bail can only be imposed to prevent absconding or interference with justice.
False.
77
Fill in the blank: Bail can be subject to _______ if they will deal with specific concerns relevant to the granting of bail.
[conditions]
78
What are the classifications of offences?
Offences are classified as:
* Summary-only
* Either-way
* Indictable-only
## Footnote
Summary-only offences are resolved in the Magistrates' Court, while either-way offences can be tried in either court.
79
What happens to summary-only offences?
They will stay in the Magistrates' Court and are resolved as quickly as possible, preferably at the first hearing.
## Footnote
Summary-only offences can be resolved by plea and sentence or by trial.
80
What occurs with indictable-only offences?
They will be sent to the Crown Court at the first hearing.
## Footnote
Indictable-only offences cannot be tried summarily.
81
What should happen during the first hearing of an either-way offence?
It should be resolved by plea or allocated to either the Crown or Magistrates' Court.
## Footnote
The allocation decision depends on the nature of the offence and the defendant's preference.
82
What factors do magistrates consider when sending an either-way offence to the Crown Court?
Magistrates base their decision primarily on their likely sentencing powers.
## Footnote
If the case exceeds the magistrates' sentencing powers, it may be sent to the Crown Court.
83
Can an either-way case be sent to the Crown Court for sentencing?
Yes, it can be sent to the Crown Court for sentencing even if not sent there for trial.
## Footnote
This occurs when the offence is outside the magistrates' sentencing powers.
84
What happens when offences and offenders are charged together with an indictable offence?
They may also be sent to the Crown Court.
## Footnote
This is to ensure that all related charges are handled in the same court.
85
What should be secured during the first hearing?
A representation order to fund legal representation.
## Footnote
Legal aid may be necessary to ensure that the defendant has legal support.
86
What should witnesses provide in their testimony?
Personal experience
87
What is the nature of examination-in-chief regarding witness testimony?
Allows witnesses to give evidence in their own words without leading questions
88
What is the role of cross-examination in relation to witness evidence?
Challenges a witness' evidence and generally involves leading questions
89
What constitutes hearsay evidence?
Repeating things said by others outside of court to convince the court of their truth
90
When are out-of-court statements not considered hearsay?
If used to prove another relevant fact
91
Under what condition can hearsay evidence be admissible?
If the original maker of the statement is unavailable
92
What is a situation where a witness may be deemed unfit to testify?
Witness in fear
93
What type of documentary hearsay evidence can be admissible?
Created in the course of a trade, business, or profession
94
What principle allows for other grounds for admitting hearsay evidence?
The "interests of justice" principle, outlined in the Criminal Justice Act 2003 (CJA), allows for the admission of hearsay evidence in certain circumstances where it's deemed necessary for a fair trial. Specifically, Section 114(1)(d) of the CJA 2003 provides that a court may admit hearsay evidence if it is satisfied that the value of the evidence is so high, and its probative value is so significant, that the interests of justice require it to be admitted.
95
What are some conditions under which hearsay evidence may be admitted?
* All parties agree
* Court is satisfied it is in the interest of justice
96
Are confessions considered hearsay evidence?
Yes, confessions are admissible hearsay evidence
97
When will confessions obtained by oppression be admissible?
They will not be admissible
98
What can lead to the exclusion of a confession in court?
If it results from factors that might lead to an unreliable confession
99
What is the purpose of a voir dire in relation to confessions?
A mini hearing to determine the admissibility of a confession
100
Fill in the blank: Witnesses should give testimony of their _______.
Personal experience
101
True or False: Cross-examination typically avoids leading questions.
False
102
What is the fundamental principle of sentencing?
A sentence should not be more severe than the seriousness of the offence
## Footnote
This principle emphasizes proportionality in sentencing.
103
What factors determine the seriousness of an offence?
Factors include:
* Offender's culpability
* Harm caused or intended
* Aggravation and mitigation
## Footnote
Culpability refers to the degree of blameworthiness of the offender.
104
What must a custodial sentence pass to be imposed?
Custody threshold
## Footnote
This threshold assesses whether the offence is serious enough to warrant imprisonment.
105
What is a suspended sentence?
A custodial sentence of no more than 2 years that can be suspended for up to 2 years
## Footnote
It must be serious enough to pass the custody threshold to qualify.
106
What are minimum custodial terms?
Minimum custodial terms that have to be imposed for repeat offenders
## Footnote
These terms ensure that habitual offenders receive a baseline punishment.
107
What does a community sentence consist of?
Various requirements that the court imposes on the defendant to be served in the community
## Footnote
Community sentences may include unpaid work, supervision, or treatment programs.
108
How are fines determined?
Fines are imposed according to seriousness and means
## Footnote
This means the financial situation of the offender is taken into account.
109
What takes priority over the imposition of fines?
Compensation
## Footnote
Victims of crime are prioritized for compensation before fines are imposed.
110
What is an absolute discharge?
A discharge where the defendant is released without any conditions
## Footnote
If the defendant re-offends within 3 years, they can be re-sentenced.
111
What does the totality principle require?
The overall sentence must be just and proportionate
## Footnote
This principle ensures that the total punishment reflects the overall criminality of the offences.
112
What is a 'Newton hearing'?
A trial held to determine how (not whether) the defendant committed the offence
## Footnote
It occurs when the court needs to inquire into the facts more fully.
113
What are concurrent sentences?
Sentences imposed for offences that arise out of the same incident
## Footnote
These sentences are served simultaneously.
114
What are consecutive sentences?
Sentences imposed for offences arising under unrelated facts or incidents
## Footnote
These sentences are served one after the other.
115
Fill in the blank: A custodial sentence is the most _______ type of sentence.
serious
## Footnote
Custodial sentences involve imprisonment.
116
What are statutory aggravating factors?
• Previous convictions
• Offence committed whilst on bail
• Hostility based on victim's characteristic
• Assaults on emergency workers
## Footnote
Statutory aggravating factors are elements that can increase the severity of a sentence.
117
List some guidelines that can serve as aggravating factors.
• On drugs/intoxicated
• Committed as part of a group
• Evidence of planning
• High level of profit
• Location of offence (e.g., isolated place)
• Attempted to conceal evidence
• Presence of others (e.g., children)
• Use of weapon
## Footnote
Guidelines can influence the severity of sentencing based on specific circumstances.
118
What are mitigating factors?
• No previous/relevant previous convictions
• Good/exemplary character or conduct
• Genuine remorse
• Co-operation with relevant authorities
• Sole or primary care for a dependent relative
• Early guilty plea
• Determination to treat behavior that fuels offending
• Assistance given to the prosecutor or investigator
## Footnote
Mitigating factors can reduce the severity of a sentence by showcasing the defendant's positive attributes or circumstances.
119
What reduction in sentence is available for a plea indication at the first stage of proceedings?
One third
## Footnote
A plea indication at the first stage offers a significant reduction, encouraging early guilty pleas.
120
What reduction in sentence is available for a plea after the first stage of proceedings?
Reduction of one quarter
## Footnote
This reduction is less than that for an early plea, reflecting the timing of the plea.
121
What is the concept of a sliding scale in plea indications during trial?
Plea indication during trial can be reduced to a sliding scale
## Footnote
The sliding scale reflects the timing and context of the plea during the trial process.
122
True or False: Genuine remorse is considered a mitigating factor.
True
## Footnote
Genuine remorse can demonstrate a defendant's acknowledgment of their actions and willingness to change.
123
Fill in the blank: Evidence of _______ can serve as an aggravating factor.
[planning]
## Footnote
Evidence of planning indicates premeditation, which can increase the severity of the offense.
124
What factor can indicate a defendant's willingness to change their behavior?
Determination to treat behavior that fuels offending
## Footnote
This factor reflects proactive steps taken by the defendant to avoid future offenses.
125
What duty do solicitors owe to their clients according to para 8 of the Code of Conduct for Solicitors?
To advise them on costs, complaints, and matters of disclosures to the court.
## Footnote
This establishes the foundational responsibilities solicitors have towards their clients in criminal litigation.
126
What must solicitors avoid according to paras 1.4 and 2 of the Code of Conduct?
They must not knowingly or recklessly mislead the court, waste the court's time, and must draw attention to relevant legislation or irregularities in proceedings.
## Footnote
These principles ensure the integrity of the legal process.
127
Under para 6.1, when cannot a solicitor act for a client?
When there is a conflict of interest regarding representing the client.
## Footnote
This is crucial to maintain ethical standards and client trust.
128
What does para 6.3 state about solicitors and confidentiality?
Every solicitor is subject to a duty of confidentiality.
## Footnote
This duty protects client information and maintains the attorney-client privilege.
129
According to para 3, under what condition can a solicitor act on the advice of a third party?
Unless satisfied that the party has authority to act on the client's behalf.
## Footnote
This ensures that solicitors only rely on legitimate sources of information.
130
What is the overriding objective in the Criminal Procedure Rules?
To deal with cases justly.
## Footnote
This principle guides the conduct of all parties involved in criminal litigation.
131
What is the age range for defendants classified as minors in trials?
10 - 17 years old
## Footnote
Defendants under the age of 18 are treated differently due to their developmental and welfare needs.
132
In which court are minors usually tried?
Youth Court
## Footnote
The Youth Court has adapted procedures to reflect the developmental needs of minors and reduce trial formality.
133
What is the maximum sentencing power of Youth Courts?
24 months
## Footnote
If this is not adequate, other options should be considered.
134
Under what circumstances can minors be tried in adult courts?
If they are accused of offences alongside adults
## Footnote
The circumstances for this are limited.
135
What is emphasized for youth offenders regarding sentencing?
Keeping them in the Youth Court
## Footnote
There is a strong emphasis on this to impose appropriate sentences.
136
What factors significantly influence youth sentencing options?
Welfare needs and age of the offender
## Footnote
The seriousness of the offence is also considered.
137
What age brackets are considered when considering a detention and training in the youth court.
A detention and training order cannot be imposed on any offender under the age of 12 at the time of conviction and is only applicable to offenders aged 12-14 if they are deemed to be a “persistent offender.
138
What type of order is available for offenders aged 10-11 years?
Referral Order (3-12 months)
## Footnote
This is a community sentence option.
139
What sentencing option is available for offenders aged 12-14 years?
Youth Rehabilitation Order (community sentence)
## Footnote
This order is designed to address the needs of younger offenders.
140
What order can be imposed on offenders aged 15 and older if they are persistent offenders?
Detention and Training Order
## Footnote
This order requires the offender to be a persistent offender.
141
Fill in the blank: A court cannot impose a custodial sentence or make an absolute or conditional discharge if the offence is not one for which _______.
sentence is fixed by law
## Footnote
This highlights the limitations on sentencing for certain offences.
