Criminal Flashcards
(77 cards)
1
Q
What must the prosecution prove for each element of an offence?
A
That each element is proved beyond all reasonable doubt.
2
Q
What is the basic rule on criminal liability for omissions?
A
There is no liability for omissions unless a duty to act exists.
3
Q
Name the two limbs of causation.
A
Factual causation (“but-for” test) and legal causation (operating and substantial cause).
4
Q
State the “thin-skull” rule in one sentence.
A
Take the victim as you find them.
5
Q
List the three novus actus interveniens examples given on the sheet.
A
Acts of the victim; acts of third parties; palpably wrong medical treatment.
6
Q
What three categories of mens rea are listed?
A
Direct intention; oblique intention; recklessness.
7
Q
Which two questions establish recklessness?
A
Was D aware of the risk?; Did D unreasonably take that risk?
8
Q
Which offences are ineligible for attempt liability?
A
Summary-only offences.
9
Q
Complete the sentence: “_____ must commit the principal offence.”
A
The principal offender.
10
Q
What extra element converts theft into robbery?
A
Force or fear of force used in order to steal immediately before or at the time of stealing.
11
Q
Which section covers “really serious harm” without specific intent?
A
Section 20 OAPA 1861.
12
Q
Which section requires “breaking both layers of skin”?
A
Section 18 OAPA 1861.
13
Q
Give the two elements of murder exactly as phrased on the sheet.
A
Unlawful killing of a reasonable person in being under the King’s peace; intention to kill or cause serious harm.
14
Q
List its five stages in order (gross-negligence manslaughter).
A
Duty; breach; serious & obvious risk of death; death; breach so bad as to be considered criminal.
15
Q
When must the aggravating article be present?
A
At the time of entry (s 9(1)(a)) or at the point of theft/GBH (s 9(1)(b)).
16
Q
State the four elements of fraud by false representation.
A
False representation; D knows it is or might be false; D is dishonest; D intends gain or loss.
17
Q
Give one situation where no dishonesty arises under the Theft Act 1968.
A
D honestly believes they have a legal right to deprive the other of the property.
18
Q
What two extra words elevate simple to aggravated criminal damage?
A
…endangering life.
19
Q
Which type of trigger is expressly excluded as a qualifying trigger for loss of control?
A
Sexual infidelity.
20
Q
What single adjective describes the act’s danger in unlawful-act manslaughter?
A
Objectively dangerous.
21
Q
What must the prosecution prove to establish mens rea for a specific-intent offence where the defendant was voluntarily intoxicated?
A
That D actually formed the required mens rea despite intoxication (i.e. intoxication did not negate intention).
22
Q
How is voluntary intoxication treated for basic-intent offences?
A
D is deemed reckless if, when sober, they would have foreseen the risk of harm.
23
Q
How do non-dangerous drugs affect the intoxication defence in specific- and basic-intent offences?
A
Specific intent: D must have been incapable of forming mens rea (loss of bodily control); Basic intent: defence succeeds only if D was not reckless in taking the drug.
24
Q
When can involuntary intoxication be a complete defence?
A
If D was so intoxicated (e.g. coerced or innocent mistake) that they were unable to form mens rea for the offence.
25
What two elements must the prosecution disprove to rebut a non-householder’s claim of self-defence?
That D did not honestly believe force was necessary; that D did not honestly believe force used was reasonable.
26
List the five requirements for a householder’s self-defence under the Criminal Justice and Immigration Act 2008.
D is a householder; force used in or partly in dwelling; D believed V was trespasser; force was necessary in circumstances as D believed; force was not grossly disproportionate.
27
When must a detainee be told of their right to legal advice?
Before or at commencing/re-commencing interview; before intimate sample; before intimate drug search; before identification procedure.
28
On what conditions can the right to legal advice be delayed up to 36 hours?
If offence is indictable and a superintendent reasonably believes exercise will interfere with/harm evidence or others, alert suspects, or hinder recovery of property.
29
When can the right to have someone informed be delayed for up to 36 hours?
If offence is indictable and an inspector (or above) reasonably believes exercise will interfere with/harm evidence or others.
30
Who needs an appropriate adult, and on what basis can that right be delayed?
Vulnerable detainees (children under 18 and mentally vulnerable adults); delay on the same grounds as right to have someone informed.
31
What adverse inferences may be drawn from silence post-caution under CJPOA 1994?
s36: failure to account for object/substance/mark; s37: failure to account for presence at a place; cannot convict solely on inference (s38).
32
Outline the key custody time limits and extensions.
Detention clock starts on arrival; reviews at 6 h, 15 h, 24 h; 24 h without charge; +12 h to 36 h by superintendent; +36 h then +24 h by magistrates; max 96 h; grounds: indictable; need to preserve/obtain evidence; diligent & expeditious investigation.
33
What is the duty to hold identification procedures at the investigation stage?
Police must offer procedures when witnesses identify or express ability to ID suspect or suspect disputes ID, unless impractical or unnecessary.
34
Describe two formal identification methods under Code D.
Video ID (VIPER system; suspect invited; explain purpose/rights); identification parade (Annex B; solicitor/friend involvement; lineup resembling suspect; recording).
35
What are the consequences of breaching Code D?
Trial judge assesses breach; remedy is exclusion of evidence under PACE 1984 (not automatic; jury informed and judge guides on fairness).
36
What is the prima facie right to bail and its two exclusions?
Right to bail for all detainees; excluded if charged with or previously convicted of homicide or rape (including attempts).
37
List four grounds on which bail may be refused.
Substantial grounds to believe D will abscond; commit further offences; interfere with witnesses; need own protection or protect others; already in custody or offence on bail; insufficient time.
38
Name three statutory factors the court must consider when granting bail.
Nature and seriousness of offence; character, antecedents and community ties; strength of evidence; potential harm to others; any other relevant factor.
39
Outline the appeal process if bail is denied at first hearing.
D applies again in magistrates; if refused, appeals to Crown Court; prosecution may appeal only if offence is imprisonable.
40
How do preliminary hearings differ for indictable-only, summary-only, and either-way offences?
Indictable-only: mags deal with bail/funding then send to CC; Summary-only: IDPC summary, D pleads, mags sentence or case‐manage; Either-way: D indicates plea; guilty → mags decide power or send to CC; not guilty → allocation hearing with submissions on venue.
41
Distinguish used from unused disclosure material.
Used: evidence relied on at trial; Unused: material not utilised, e.g. non-used witness statements or previous convictions.
42
What are the four stages of disclosure?
Investigation stage; initial duty of disclosure on prosecution; defence disclosure; continuing duty of disclosure on prosecution.
43
Summarise the prosecution’s continuing duty of disclosure.
Must continuously review and disclose new material that could assist defence, especially after defence statement.
44
What are possible consequences of disclosure failure by prosecution?
Quashing convictions; case dismissal; other fairness‐related consequences.
45
When and what must the defendant include in their defence statement?
In Crown Court, within a specified timeframe, D must notify court and prosecution of intention to call witnesses, including alibi; failure may lead to adverse inferences.
46
Under s76 PACE 1984, when is exclusion of a confession mandatory?
If confession obtained by oppression or by methods likely to render it unreliable.
47
Under s78 PACE, when may a court discretionarily exclude evidence?
If admission would have such an adverse effect on the fairness of proceedings that court ought not admit it.
48
When must a Turnbull direction be given and what three points must it cover?
When case depends wholly/substantially on visual ID and defence alleges mistaken ID; must cover reason for warning; circumstances of ID; reminder of weaknesses.
49
Define hearsay and state the general rule.
Statement made out of court intended to prove matter stated; general rule is inadmissible.
50
Give two statutory and one common‐law exception to hearsay.
Statutory: witness unavailable; business documents; Common-law: res gestae.
51
What is the general rule for bad‐character evidence and its statutory gateways?
Inadmissible unless a s101(1) CJA 2003 gateway applies (agreement; adduced by D; cross‐examination; important explanatory evidence; etc.).
52
List three Hansen factors when deciding to admit bad‐character evidence.
Whether propensity established; likelihood due to propensity; unfairness of relying on similar offences; strength of prosecution case; circumstances of previous convictions; probative value vs prejudicial effect.
53
What inferences can be drawn under s34, s35, and s36/37 CJPOA 1994?
s34: inference from silence when questioned; s35: failure to testify at trial; s36/37: failure to account for object/substance/mark or presence after warning.
54
State four purposes of sentencing.
Reflect seriousness and culpability; deterrence; rehabilitation; protection of the public; reparation.
55
Give four key sentencing principles under the Guidelines.
Proportionality; consistency; fair and transparent process; account for personal circumstances.
56
How do the Guidelines categorise offences for sentencing starting points?
By harm (none; significant; serious; very serious) and culpability (low; negligent; reckless; deliberate and planning).
57
What deductions for guilty pleas are available?
1/3 at initial stage; 1/4 after first stage; 1/10 to 0 on first day of trial.
58
Explain when sentences run concurrent vs consecutive.
Concurrent: similar incidents or facts; series of similar offences; Consecutive: unrelated circumstances; statutory minimum; concurrent would undermine criminality.
59
Name five types of sentence.
Custodial; community service/probation/electronic monitoring; fines; conditional discharge; absolute discharge.
60
What are the magistrates’ maximum sentencing powers?
Up to 6 months’ imprisonment and unlimited fine for one summary offence; aggregate up to 12 months and unlimited fine for two or more either-way offences.
61
Outline the procedure and time limit for appealing a magistrates’ conviction or sentence to the Crown Court.
Serve notice within 15 business days; no leave needed; full rehearing by one judge and 2–4 magistrates; Crown Court may confirm, reverse or vary decision.
62
On what grounds and how can a case be stated to the High Court?
Grounds: mags wrong in law or acted in excess of powers; serve notice within 21 days; hearing legal arguments only by 2–3 judges; HC may reverse, affirm, amend or remit; possible Supreme Court appeal.
63
List three grounds to appeal an unsafe Crown Court conviction to the Court of Appeal.
Incorrect rejection of no-case submission; incorrect jury direction; wrongly admitted or excluded evidence; error in summing-up; unnecessary interventions; fresh evidence (very restricted).
64
What powers does the Court of Appeal have on conviction appeals?
Allow or dismiss any part; quash conviction and order retrial; allow appeal and substitute alternative offence; cannot increase sentence.
65
Define youth/juvenile, young person/young offender, and child in youth court.
Youth/juvenile: under 18; young person/young offender: 14–17; child: 10–13.
66
What is the general rule for youth trials and what age-based exceptions apply?
Tried summarily in youth court; exceptions: turns 18 before first appearance; turns 18 after first appearance; turns 18 during trial (YC may remit to MC).
67
Which offences must be sent straight to Crown Court without indication of plea?
Homicide/attempted homicide; firearms offences with ≥3 year minimum; serious fraud or child cases; specified offences (manslaughter, wounding, robbery, rape, sexual assault) meeting dangerous criteria with custodial term ≥4 years.
68
When must the youth court take an indication of plea for “grave crimes”?
For offences with maximum sentence ≥14 years: robbery; burglary; s18 GBH; aggravated criminal damage; arson; aggravated arson.
69
Explain the two-year test in youth court allocation for not-guilty pleas.
If facts are sufficiently clear to allow YC to sentence up to 2 years, YC retains jurisdiction; if not, sends to CC; YC must inform youth of possible CC commitment; youth has no right to jury trial.
70
What custodial sentencing powers does the youth court have?
Detention and Training Order (DTO) of 4–24 months.
71
What sections should be included in an application to adduce hearsay?
1. Intro as to what the application is. Refer to section 114 of the Criminal Justice Act 2003.
2. Description of the hearsay and its source - refer to any witness statement it’s contained within.
3. Grounds upon which the application is made (s116 - witness is unavailable, s117 - business document created or received by a person in the course of a trade, business, profession or other occupation, s118 - common law exceptions (res gestae), s114(1) - interests of justice)
4. Refer to s114(2) - it would be interest of justice because… refer to various factors …
- value of the evidence
- relevance to a matter in issue
- circumstances in which the statement was made
- reliability of statement maker
- potential unfairness to any party
5. Refer to any legal authorities and how they support the application.
6. For the reasons set out above, it is submitted that this hearsay evidence should be admitted.
7. Signed (then name, role, for the prosecution/defence)
72
Explain the contents of an application to exclude hearsay evidence.
1. Detail the application, who it’s made on behalf of and in response to.
2. Describe hearsay prosecution seeks to adduce.
3. List grounds for exclusion (think s 78 PACE - unfair on proceedings, or is the witness actually available, business records exception does not apply as the document was created in the ordinary course of business, or s126 CJA 2003 - its admission would result in undue waste of time)
4. Refer to factors from s114(2):
- value of the evidence
- relevance to a matter in issue
- circumstances in which the statement was made
- reliability of statement maker
- potential unfairness to any party
5. Cite any legal authorities
6. For the reasons set out above, it is submitted that this hearsay evidence should be excluded.
7. Date, Signature, Name, Role, For the Defendant
73
Explain the contents of a bail application.
1. Introduce the application, who it on behalf of and what was the offence charged and what statutory provision is that contrary to.
2. Personal info so:
- The D is _ years old
- The D does not have any previous convictions.
- The D’s address is…
- The D’s employment status is…
- The D’s family circumstances are…
3. Grounds for bail - The D submits that bail should be granted for the following reasons… (link to bail factors):
- Strength of prosecution evidence - does it appear weak
- Details of D’s Community Ties
- Risk of further offences - why is D not at risk to commit further offences
- Flight risk - why is D not a flight risk
- Risk of interference with witnesses - why is D not a risk
4. Proposed bail conditions. - If the court is concerned, D is willing to comply with the following proposed bail conditions:
- curfew between hours of…
- non-contact with (named person)…
- surrender of passport
- reporting to police station on these days
5. For the reasons set out above, it is submitted that D should be granted bail.
6. Date, Signature, Name, Role, For the Defendant
74
Explain the contents of an application to adduce bad character
1. Intro the offence charged, defendant details, court details, date etc
2. Explain what the application is for and what grounds, link to specific gateway under Criminal justice act.
3. Facts of Misconduct
- List the D’s bad character evidence - are previous convictions of the same nature/factually similar etc
- Say that if D disputes the convictions, the prosecution will rely on official certificates of conviction provided by the police. What will those certificates confirm?
- if necessary the prosecution will call a witness to verify the records.
4. Explain legal argument as to why you can admit such evidence
- Explain how the evidence meets the statutory test.
- Stress the probation value of the evidence, saying it will have a real impact on the outcome of the case.
- Stress the substantial importance to the case.
- Stress how the exclusion grounds would not apply - so link to s101(3) CJA or s78 PACE - Prosecution submits that the admission of this evidence would not have such an adverse effect on the fairness of proceedings that it ought to be excluded under s101(3) or s78 PACE.
5. Timing - say application has been brought on time, there is sufficient time for D to review and respond if they would like to challenge.
6. For the reasons set out above, the prosecution invites the court to admit the above bad character evidence to assist the jury in determining whether D has propensity to…
7. Signature, Date, Role
75
Explain what would be included in an application to exclude bad character evidence.
1. Intro the application and the prosecutions application - This is an application on behalf of the defendant to excuse evidence of bad character which the prosecution seeks to adduce pursuant to section 101 of the criminal justice act 2003
2. Detail what evidence the prosecution seeks to adduce.
3. Explain the grounds why the evidence should not be adduced
- does not satisfy the gateways
- if would have a prejudicial effect and would outweigh any probative value.
- it would lead the jury to reason improperly that D has a propensity to commit offences
4. Detail any legal authorities
5. For the reasons set out above, it is submitted that this evidence should be excluded.
6. Dated, Signed, Name, Role, For the Defendant
76
Explain the contents of a defence statement
1. Title, court number, case number, R v D, Date, Pursuant to section 6A of the Criminal Procedure and Investigations Act 1996.
2. Intro the defendant and the alleged offence (when it happened and charge)
3. Nature of defence
- specify any specific defences eg self defence
- clearly state the facts agreed upon with the prosecution
- explain legal basis why the defendant did not commit the offence
4. Matters of fact the D takes issue with.
- clearly identify key parts of the prosecution case that are disputed
- refer to specific witness statements or evidence that’s challenged
5. Matters of fact that D intends to rely on
- provide a detailed account of the D’s version of events.
- only include facts supported by evidence, no opinion statements
6. Any points of law
7. Any alibi details (if applicable)
- Name, address and dob of any alibi witness and explain how/why they can provide an alibi.
8. Signed and dated defence legal rep
77
What’s can you expect to be included in an application to exclude evidence under s76/78 PACE?
APPLICATION TO EXCLUDE EVIDENCE PURSUANT TO SECTION 76/78 OF THE POLICE AND CRIMINAL EVIDENCE ACT 1984.
1. Intro the application and the evidence. This is an application on behalf of the D to exclude (specific evidence eg an interview) pursuant to section 76/78 of PACE 1984
2. Explicitly set out the evidence - the evidence sought to be excluded is….
3. Give some factual background - perhaps circumstances of evidence being obtained/confession, any relevant conduct of investigating authorities.
4. Give legal grounds for exclusion
- For s76: The defence submits that the confession should be excluded under s76(2) of Pace 1984 on the grounds that it was obtained by a) oppression or b) in consequence of anything said or done which was likely to render it unreliable.
- The specific issues are… (failure to provide an appropriate adult, denial of legal service, excessive length of questioning, failure to caution etc etc)
- For s78: The defence submits that the evidence should be excluded under s78 of PACE 1984 as its admission would have such an adverse effect on the fairness of proceedings that the court ought not to admit it.
- The specific matters relied upon are… (breach of PACE Code of Practice D, unlawful search etc)
5. Any legal authorities.
6. For the reasons set out above, it is submitted that this evidence should be excluded.
7. Date, Signed, Name, Role, For the Defendant
