Criminal Advocacy

Question 1

How do you refer to defendants

Answer 1

The crown

Question 2

Requirement for assault and battery

Answer 2

1. Apprehend immediate unlawful force
2. Intention or reckless to this

Question 3

What case included psychiatric harm to offences against the person?

Answer 3

R v Ireland

Question 4

What are the offences against the person?

Answer 4

S47: ABH
S20: GBH
S18: GBH with intent

Question 5

What are the theft offences?

Answer 5

S1- theft
S8- robbery (force/ fear of force(
S9- burglary
S10- burglary and entering with a weapon with intent to steal, GBH, or criminal damage

Question 6

What value of theft makes it an either way offence?

Answer 6

£200

Question 7

What value of criminal damage makes it either way?

Answer 7

Over £5k otherwise summary

Question 8

What is M/R for criminal damage?

Answer 8

Intention / recklessness

Question 9

Difference between factual and legal causation?

Answer 9

Factual: ‘but for’
Legal: intervening act

Question 10

Requirements for loss of control?

Answer 10

1. Qualifying trigger
   (Fear of serious violence ect)
2. D feels wronged
3. Consider for age sex and tolerance would have acted similarly

Question 11

Types of fraud?

Answer 11

1. False representation: dishonestly misreps to gain / cause loss to another
   2: abuse of position: obligation to safeguard and doesnt eg financial
   3: failing to disclose: must have legal duty to disclose eg in contract

Question 12

When is intoxication a defence?

Answer 12

Specific intent crimes eg - arson, burglary, robbery, murder

Must prove had no intention and if voluntarily intox then its reckless so lower offence

Question 13

Requirement for attempting to commit an offence?

Answer 13

Beyond mere preparation

Question 14

Who can delay legal advice?

Answer 14

Officer of superintendent or above and only if reasonably believe
A) interfere or cause harm
B) alert others

Question 15

What is the max amount of time legal advice can be delayed for?

Answer 15

36hrs

Question 16

What is the detention clock?

Answer 16

1. 24 hour
2. 36hrs (superintendent or above extend)
3. 72hrs (court order to extend from magistrates)
   4.96hrs (max)

Question 17

When is detention review clock?

Answer 17

When detention reviewed
6hrs
9hrs later (at 15hrs)
24hrs

Question 18

What section of bail act is right to bail?

Answer 18

S4

Question 19

Exceptions to bail

Answer 19

Believe may 1) interfere with witness 2) commit offence 3) abscond

Question 20

What test for criminal legal aid?

Answer 20

1. Interest of justice
2. Means test (more than £240 a week)

Question 21

Grounds for admitting hearsay

Answer 21

1. Witness unavailable
2. Business
3. Inconsistent statements
4. Both parties agree
5. Confession evidence
6. Interest of justice

Question 22

S76 of Pace

Answer 22

Disputed confession evidence cannot be used unless P prove beyond reasonable doubt was not obtained by:
1. Oppression made it
A) unreliable
B) unfair

Burden on P to prove

Question 23

S78 Pace?

Answer 23

Discretionary
Evidence may be excluded on grounds that “regard to all circumstances would have such adverse effect on fairness court ought not to admit it”

Question 24

What are the 7 gateways to allow bad character evidence?

Answer 24

1. Important matter in dispute between D and P
2. Evidence given by D
3. Important explanatory evidence
4. Substantial value in matter
5. All parties agree
6. Correct false impression
7. D made attack on anothers character

Question 25

When is a witness not compellable?

Answer 25

Defendant spouse of co-d is not compellable

Question 26

When can bail be refused?

Answer 26

Schedule 1 2(1) Bail Act 1976: 1. Substantial ground for believing: A. Fail to surrender to custody B. Commit offence whilst on bail C. Interfere with witnesses or otherwise obstruct course of justice 2ZA A) physical or mental injury

Question 27

What is s36 Criminal Justice Act 1994?

Answer 27

Adverse inference can be drawn from refusal to account for objects, substances or marks

Question 28

Modes of address?

Answer 28

District judge: Judge Magistrates: sir or madam

Question 29

S76 pace

Answer 29

Exclude confession evidence A) oppression B) anything said or done that renders unreliblr

Question 30

3 exceptions to bail

Answer 30

Substantial grounds to believe; 1) fail to surrender 2) commit further offence 3) interfere with witness

Question 31

When can hearsay be admitted?

Answer 31

1- single A) statue b) rule of law c)all agree d) interest of justice - statute eg s116 CJA 2- multiple A) business doc B) interest of justice C) previous inconsistent statement

Question 32

What is s116 CJA

Answer 32

When witness is unavailable only admitted if A) oral would be admissible B) identified to court satisfaction C) 5 conditions -dead -unfit - outside UK and unreasonably attend - fear - relating to giving - cant locate (reasonable steps to locate)

Question 33

What are the guilty plea reductions?

Answer 33

1. 1/3 if at first reasonable oppertunity 2.1/4 if at trial 3. 1/10 if after trial begins

Question 34

What is appeal of case stated?

Answer 34

Appeal of point of law

Question 35

Appeal from Magistrates grounds

Answer 35

1. Error of law or fact 2. Sentence

Question 36

Appeal from crown court groubds

Answer 36

1. Unsafe conviction (new evidence or wrongfully applied ect) 2. Sentence

Question 37

How long to appeal magistrates conviction

Answer 37

21 days from sentence

Question 38

How long to appeal from CC

Answer 38

28 days from CONVICTION

Question 39

What section for bad character evidence

Answer 39

S101 Criminal Justice Act 2003

Question 40

3 requirements for special measures application

Answer 40

1. Under 18 2. Mental health 3. Intimidated witness

Question 41

Test for denying bail?

Answer 41

SUBSTANTIAL grounds to believe ground under sch1 Bail Act 1976 1) interfere with witness 2) commit offence 3) fail to surrender