Criminal Litigation Flashcards

Question

What are the obligations of the defence solicitor when a point of law is in dispute

Answer 1

Obligation to assist court by supplying relevant authority even if harmful to Ds case

Answer 2

Yeah can continue to act

Answer 3

Decline to act

Answer 4

Solicitor can do nothing

Answer 5

When code C is not adhered to by failing to: Make accurate record of Ds comments Give D record to view and sign as accurate or dispute Failing to put it to D to allow D to confirm or deny on record

Answer 6

He didn’t confess He confessed for a reason other than being guilty (oppression or circumstances that would make confession unreliable) Code c not adhered to

Answer 7

P must prove it beyond reasonable doubt

Answer 8

Torture, inhuman or degrading treatment or use of threat of violence

Answer 9

A statement made outside court that is repeated inside court to prove truth of a matter

Answer 10

When any statutory provision allows it When s118 retained law allows it All parties agree Interest of justice requires it

Answer 11

S116 Would be admissible if they attended They are identifiable And either they are dead, unfit, outside U.K., cannot be found despite efforts or fear and court gives leave

Answer 12

Business document Inconsistent statement ( to prove what they said is inconsistent with previous doc) Consistent statement ( to refresh me memory or cross examine them on doc) (All above require oral evidence of that matter to be admissible for the doc to be) All parties agree Or Interests of justice require it

Answer 13

Put forward any evidence that would be admissible as relevant to their credibility as a witness And If the court gives leave any evidence that could have been put to them in cross examination as evidence of their credibility

Answer 14

The judge can direct the jury to acquit after the prosecution closes their cases

Answer 15

Yes the court has a general discretion to refuse to admit hearsay evidence where the case for excluding it substantially outweighs the case of admitting it

Answer 16

``` First hearing 1/3 After first hearing 1/4 First day of trial 1/10 Further reduction during Can go to zero ```

Answer 17

Taken into consideration as an aggravating factor at sentencing of main offence

Answer 18

Prosecution, police and offender all agree Court decides to take it into consideration D admits to the offences

Answer 19

TIC likely to attract a bigger sentence than main offence TIC and main offence not similar Public interest in prosecuting them separately D will avoid a consequence desirable to impose TIC occurred when D was already subject to sentence

Answer 20

Won’t go to court again for these offences Increase sentence proportionately and not outside the range for the sentence of the main offence Increase sentence from stating point of main offence normally determined by culpability (blame) and harm caused

Answer 21

Before conviction After conviction of case is adjourned Those appearing before court for breach of community sentence

Answer 22

D would fail to surrender to custody D would commit a further offence on bail D would interfere with witness or obstruct justice

Answer 23

Character, association and community ties Nature and seriousness of offence Record of previous bail Strength of evidence

Answer 24

Evidence of or a disposition towards misconduct other than evidence connected with the offence for which D has been charged

Answer 25

Means test | Public interest test

Answer 26

``` Under 18 Cc trial Retrial Committals for sentencing Voluntary bill of Indictment ```

Answer 27

Loss of liberty Consideration of substantive law Interest of another person to represent D

Answer 28

Under £12475 adjusted income

Answer 29

Between £12475 and £22325 full means test is needed Over £22325 no funding Full means test needs less than £3398 disposable income for funding

Answer 30

Claimed as fixed fee under police station advice and assistance scheme

Answer 31

Code C - entitled to see custody record Did they ask for legal advice Did they make any requests and were they fulfilled? Food, water, medication etc Did they need to see a doctor? Has the detention been reviewed 6 hours then every 9 hours seized property? reason for detention? if home searched, ask what the outcome was circumstances of arrest?

Answer 32

detainee, their solicitor and their appropriate adult as soon as practicable after arrival at station and at any other time on request whilst detained. Access allowed will be recorded

Answer 33

entitled at inspect at any time but can only receive a copy after you are let go or taken to court. Solicitor or appropriate adult will be given copy, on request, as soon as practicable.

Answer 34

12 months after release

Answer 35

facts and evidence - sufficient information to understand nature of offence and why they are suspected. But no obligation to disclose anything to you. If they refuse then question why. Summary of evidence.

Answer 36

obtain initial disclosure of the prosecution case asap. Take clients instructions on prosecution papers including previous convictions list and what conditions he would be willing to comply with ask probation for accommodation if needed. Might need to confirm employment or get a surety.

Answer 37

Prosecution rely on factors in part 1 of sch 1 Bail Act 1976 and defense deal with each one and say why it is not made out to the standard required. Defense then sets out realistic conditions to overcome any concerns the court may have

Answer 38

evidence which either alone or taken together establishes every element of the offence to be proved and that the person charged committed the offence with the necessary criminal intent.

Answer 39

lower conviction rate more appropriate proceedure for voir dire hearings avaliability of non-means tested legal aid

Answer 40

MC deals with things quicker MC is less formal/stressful If D is convicted he will be ordered to pay prosecution costs which are higher in the Crown Court. In addition, he may be ordered to pay something towards his defence costs. Such defence costs will not be ordered in MC. MC has lower sentencing powers

Answer 41

maximum of 6 months custody unless sentencing for 2 or more either way offences in which case the overall maximum is extended to 12 months

Answer 42

The nature of the case Whether the circumstances make the offence one of a serious character Whether the punishment available to the Magistrates would be adequate Any other circumstances which appear to the court to make the case more suitable to be tried one way or another Representations made by the prosecution and defence

Answer 43

Sch 2 Magistrates’ Courts Act 1980 sets out either way offence which should be tried at CC if they are of a value over £5000 and at the MC if they are of a value lower than £5000. If they are over £5000 but the defendant consents then it can be tried at MC.

Answer 44

Destroy or damage property intentionally or recklessly (not by fire). OR aiding, abetting, counselling or procuring, attempting to commit, inciting another to commit the above. Aggravated vehicle theft (taken then driven dangerously, caused an accident or damaged vehicle).

Answer 45

Can draw negative inference from a failure to mention facts when questioned or charged which are later relied on in his defense. Facts which they could have reasonably been expected to mention

Answer 46

effect of accused’s silence at trial – can draw inferences from the accused’s refusal to give evidence at trial or refusal to answer questions once sworn in.

Answer 47

effect of failure or refusal to account for objects, substances or marks

Answer 48

failure or refusal to account for presence at a particular place

Answer 49

Generally not admissible

Answer 50

* To allow evidence from absent witnesses (section 116). – for this one if the reason is fear the judge can only allow it if it is in the interests of justice to do so. Absence abroad would only suffice if it was not reasonably practicable to bring the witness to court in person or by video link. If a witness was lost, reasonably practicable steps must have been taken, not only to find him, but also to keep in touch with him before he disappeared. * To allow the admission of business documents (section 117). * Where there is a preserved common law exception (section 118). * Where there is agreement between all parties that hearsay evidence should be admitted (section 114(1)(c)). * Where it is in the interests of justice to admit hearsay evidence (section 114(1)(d)).

Answer 51

it may contain some limitations compared to evidence given on oath by a witness at trial

Answer 52

as soon as reasonably practicable

Answer 53

28 days from after the date the D pleads not guilty in MC or 14 days if CC

Answer 54

no except when the document is prepared for the purpose of criminal proceedings

Answer 55

Could be put forward orally Created and received by people in course of business Created by someone with personal knowledge of the matter

Answer 56

To oppose the notice for hearsay the opposing party must serve notice of opposition and serve it on the court and each party no later than 14 days after receipt of the notice of application, the service of the evidence (where no notice is required) or the defendant pleads not guilty, whichever of those events happens last.

Answer 57

The notice of opposition must: Identify the facts set out in the notice of application that it disputes. Assert why the evidence is not admissible, or, if admissible, why it ought not to be admitted.

Answer 58

treated as if it was admissible by agreement

Answer 59

if they are considered doubtful (reliability in doubt over content, source, context in which it was created or info was given).

Answer 60

Transactions where a statement is made that explains an event, without which the event would have no meaning. Certain admissions, for example, dying declarations. Public documents, for example, electoral records and census data. Reference works, for example, maps and dictionaries.

Answer 61

the court has a duty to stop the case

Answer 62

Yes the court has a discretion to exclude hearsay evidence where the court is satisfied that the case for excluding the evidence substantially outweighs the case for admitting it

Answer 63

all parties agree Given as an answer to a question asked by D in cross-examination and intended to elicit it it is important explanatory evidence It is relevant to an important matter in issue between the defendant and the prosecution. it has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant, - only if the nature or conduct of his defence is such as to undermine the co-defendant’s defence. it is evidence to correct a false impression given by the defendant, or the defendant has made an attack on another person’s character.

Answer 64

Needed to understand other evidence in the case, and case as a whole

Answer 65

Propensity to commit offence of this kind unless that makes it no more likely that he is guilty of the offence Propensity to be untruthful, except where it is not suggested that D's case is untruthful in any respect.

Answer 66

the length of time between the previous incidents and the current incident

Criminal Litigation Flashcards

(92 cards)