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SQE2 > criminal practice > Flashcards

criminal practice Flashcards

1
Q

what rights does a suspect have on arrival at the station

A
  1. must be informed of their rights
  2. the right to legal advice
  3. the right to have someone informed
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2
Q

when may the right to legal advice be delayed

A

for a maximum of 36 hours by officer of rank superintendent or above

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3
Q

when may the right to have someone informed of arrest be delayed

A

for a maximum of 36 by an officer of rank inspector or above

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4
Q

what is the detention clock

A

the maximum period of detention of 24 hours starting from arrival at station or arrest, whichever is later.

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5
Q

what is the review clock

A

the periodic review of detention conducted by officer of rank inspector or above. initial review is 6 hours aftr authorisation of detention, then 9 hours for following

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6
Q

s34 adverse inference

A

fails to mention in interview a fact later relied on at trial, it may be inferred that the defence was recently fabricated

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6
Q

s36 adverse inference

A

where suspect fails to account for marks / substance / object etc in possession or at location at time of arrest

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7
Q

s37 adverse inference

A

where suspect fails to account for their presence in proximity to the crime at the time of their arrest

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8
Q

when should a suspect not be interviewed?

A

when they appear unable to:
1. appreciate the significance of their answers
2. understand what is happening due to the effects of drink, drugs or any illness/ailment/condition

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9
Q

what should an officer do at the beginning of an interview

A
  1. re-caution the suspect
  2. remind them of their right to legal advice
  3. put to them any significant statements or silences
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10
Q

what is the procedure for showing photos to ascertain ID

A
  • must be shown with 12 other photos.
  • where positive ID is made, must conduct a formal ID procedure
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11
Q

what is the procedure for using video ID to ascertain ID

A
  • must be shown with 8 other people who resemble the suspect
  • if 2 look very similar, must show 12 others
  • police must conceal any unusual features
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12
Q

what is the procedure for using ID parade to ascertain ID

A
  • must be show with 8 other people
  • must take steps to conceal any unusual features
  • suspect may choose place in line
  • colour photo / video recording must be made of the lineup
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13
Q

what is a group ID

A

where the witness sees the suspect in an informal group

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14
Q

what is confrontation ID

A

a last resort where the witness is brought face-to-face with the suspect

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15
Q

who runs an ID procedure

A

an officer of rank inspector or above who is not involved with the investigation

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16
Q

what does Code C govern

A

conduct at the police station and in interview

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17
Q

what does Code D govern

A

video ID procedure

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18
Q

how long can a defendant be remanded in custody before reappearing before court

A

8 days

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19
Q

what is the overall limit in pre-trial custody for a summary offence?

A

56 days

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20
Q

what is the overall limit in pre-trial custody for an either-way offence?

A

70 days

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21
Q

what are the grounds to deny bail

A

where there is a substantial ground to believe D will:
a. fail to surrender
b. commit an offence
c. interfere with witnesses or otherwise obstruct the course of justice

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22
Q

what is low-value shoplifting?

A

s1 theft where the value of goods does not exceed £200

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23
Q

what is summary offence criminal damage?

A

where value of damage is below £5,000, excluding arson

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24
Q

what are the considerations in the interests of justice test?

A
  1. loss of liberty or reputational damage
  2. substantial question of law
  3. individual can’t understand or state their own case
  4. witness work is required
  5. it is in interest of another
25
Q

when is the means test automatically satisfied

A

when the defendant receives benefits or is under 18

26
Q

how long is given to prepare for trial in the mags

A

8 weeks (14 where expert evidence is required)

27
Q

when should a PTPH take place?

A

within 20 days of sending the case to the crown court

28
Q

what is the CPS duty of disclosure

A

they must disclose any evidence on which they wish to rely to prove guilt
and then any evidence which may undermine the prosecution case or assist the defence

29
Q

what are the basic requirements of admissible evidence?

A
  1. relevant to the facts in issue
  2. admissible
30
Q

how is visual ID evidence excluded?

A

s78 PACE 1984
if not excluded, move to get turnbull warning

31
Q

what are the grounds for admissibility of hearsay evidence

A

a. falls under statute
b. rule of law
c. all parties agree
d. interests of justice

32
Q

statutory grounds for admitting hearsay evidence

A

a. witness unavailable
b. relates to business docs

33
Q

how is admissibility of confession evidence challenged?

A

s76 PACE 1984 - oppressive or unreliable grounds. court must exclude unless prosecution can prove BRD that it was not
s78 PACE 1984

34
Q

7 gateways of admitting bad character evidence of the defendant

A

a. all parties agree
b. evidence adduced by D
c. important explanatory evidence
d. shows propensity to commit this kind of offence or be untruthful
e. substantial probative value between co-defendants
f. to correct a false impression
g. D has made attack on another’s character

35
Q

how to prevent bad chaarcter evidence admission under gateway d?

A

court ought not to admit where it would have such an adverse effect on fairness of proceedings under s101(3) CJA

36
Q

what are the 3 gateways for admitting character evidence of others?

A

a. important explanatory evidence
b. substantial probative value
c. all parties agree

37
Q

what is a voir dire

A

a separate hearing to determine a disputed point of law

38
Q

what constitutes a valid jury decision

A

a unanimous decision. after 2 hours 10 if no decision, 11:1 or 10:2

39
Q

general rule of competence of witnesses

A

a person is not competent if they cannot:
a. understand questions put to them as a witness and
b. give answers which can be understood

40
Q

when is a spouse compellable

A
  1. offence involves [threat of] assault or injury to the spouse or a person under 16
  2. where charge is related to a sexual offence involving a person under 16
41
Q

factors to which court must have regard in sentencing

A
  1. punishment
  2. reducing crime
  3. reform and rehabilition
  4. protection of the public
  5. reparations
42
Q

what is the custody threshold

A

offence must be so serious that fine nor community sentence can be justified

43
Q

how long of a suspended sentence can be imposed

A

between 6 months and 2 years on a sentence between 14 days and 2 years

44
Q

what grounds can a defendant appeal a magistrates conviction

A

on the basis of an error in fact or in law, within 15 business days

45
Q

what grounds can a defendant appeal a magistrates sentence

A

on the grounds that it is excessive, within 15 business days

46
Q

when may an appeal be made to the high court by way of case stated

A
  • decision is wrong in law
  • mags acted outside their jurisdiction
  • within 21 days
47
Q

when can an appeal be made from the high court

A

made to the supreme court on a point of law only

48
Q

what grounds can a defendant appeal a crown court conviction

A

where conviction is unsafe, within 28 days. takes place in court of appeal

49
Q

what grounds can a defendant appeal a crown court sentence

A

where wrong in law/principle/approach or sentence is manifestly excessive . sentence can’t be increased. must apply within 28 days.

50
Q

when can the prosecution appeal a crown court decision

A

may appeal unduly lenient sentence. may appeal against acquittal for serious offences where new evidence is arisen and interests of justice test is passed.

51
Q

when is a juvenile sent to adult court

A
  • homicide
  • firearms offences
  • grave crimes
  • jointly charged with adult
  • specified violent / sexual offence
52
Q

what is a grave crime

A

sexual offence or one for which an adult could get 14 years

53
Q

what is the default when a juvenile is refused bail

A

they will be put in a local authority accommodation

54
Q

what is a persistent young offender

A

3 or more convictions

55
Q

when is a juvenile put in youth detention accomodation

A
  • aged 12-17
  • has legal rep
  • offence is violent or sexual and child likely to get custody
  • necessary to protect public and can’t be managed in community
56
Q

what are the sentence options for juveniles

A
  • referral order
  • rehabilitation order
  • detention and training order (must be 15 plus or a PYO between 12-14)
57
Q

can a defendant be ordered to pay costs for an appeal

A

yes, if appeal is unsuccessful

58
Q

can an appellant receive bail

A

they don’t have a right but may apply to magistrates’ and then crown court. it may be awarded at the court’s discretion.

59
Q

when will a defendant’s basis of plea be rejected

A

when it materially affects the sentence

SQE2 (10 decks)

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