Criminal practice Flashcards

Question

Procedure for bail hearing

Answer 1

No prescribed procedure for bail hearing But if there are objections to granting bail, prosecution will generally outline the objections to bail first, and then defence will present its arguments for vails and propose conditions to address any objections Rules of evidence relaxed as evidence has not generally been collected or served - Rare that witnesses be called Certificate of full argument - Bail refused or conditions imposed => court must give reasons for doing so in open court - Court refuses bail => will issue to D a certificate of full argument (ie a doc that states the court heard full argument on the app for bail before it refused the app)

Answer 2

Remand in custody ie D will be kept in prison until the next court hearing Remand on bail ie D released until next court hearing (subject to a duty to surrender on that date) Bail can carry conditions or be unconditional Ds have general right to bail Court can remand a D into custody only if it finds: - An exception to the right to bail applies; and - There is a real prospect of a custodial sentence being imposed if convicted

Answer 3

- There are substantial grounds for believing D would: 1. Fail to surrender 2. Commit further offences whilst on bail; or 3. Interfere with witnesses or otherwise obstruct justice 4. commit an offence on bail that would cause (or cause fear of) physical or mental injury to an ass person (incl spouses, (former) partners, children, and relatives of D) - They are charged with an offence that can be tried in the crown court (ie indictable or either way) and they were on bail at the time of the offence - Custody is for their own protection - They are already serving a custodial sentence - There is insufficient information to make a decision on bail; or - They have failed to surrender or breached bail conditions in the same proceedings

Answer 4

Factors = - Nature and seriousness of the offence and the probable method of dealing with it - D’s character, prev convictions, and community ties - D’s record on complying with bail obligations - Strength of evidence; and - Risk that D might engage in conduct that would, or would be likely to, cause physical or mental injury to another

Answer 5

Court can attach conditions to bail if they are relevant, proportionate, and enforceable Commonly incl: - Requiring D to reside at a specific address - Requiring D to report to local police station at specified intervals - Prohibiting D from going to a particular area - Prohibiting D from contacting certain named inds - Requiring D to comply with a curfew - Requiring D to wear an electronic tag - Requiring D to obtain a surety who can post security hat will be forfeited if D fails to surrender

Answer 6

Presumption is opposite (ie against release instead of in favour) Apps can only be heard by a crown court judge D charged with murder may not be granted bail unless there is no sig risk that D would commit an offence likely to cause physical or mental injury to another person

Answer 7

Court must consider bail at each hearing D may only make one further bail app based on the same facts and submissions D may make additional requests for bail only if there is a change of circs

Answer 8

D breaches conditions => can be arrested without a warrant Bail can also be withdrawn, or court can impose more stringent conditions D fails to surrender to bail => commit a separate offence and risk their bail being revoked

Answer 9

All Ds asked to provide name and DOB D pleads guilty or not guilty D pleads guilty => court will proceed immediately to sentence unless pre-sentence reports are required D pleads not guilty => date for trial will be set around 6-8 weeks hence, and orders regarding disclosure will be made

Answer 10

All Ds asked to provide name and DOB Court proceeds to plea before venue process

Answer 11

All Ds asked to provide name and DOB Matter sent immediately to crown court for trial

Answer 12

1. Obtaining disclosure from prosecution -Ie sufficient disclosure to be able to progress matters at first appearance - Disclosure can be sought in advance of first appearance if a representation order is already in place -Indictable only offence => v little is disclosed at first app as matter is sent directly to CC -Summary only/either way => amount of disclosure available is determined by whether D was in custody prior to first app (and => produced more quickly than if he had been remanded on bail) -Prosecution provides a summary of offence and list of D’s prev convictions if D is produced from custody -Prosecutions must also provide an outline of the interview, witness statements, exhibits, pr victim’s impact statement if D appears on bail 2. Taking instructions from the client 3. Professional conduct (classic re duty to court/admin of justice where duties conflict) 4. Advising the client on following matters: - Strength of evidence against D and likelihood of conviction (But NOT on actual plea (is D’s decision alone)) - Likely sentence if convicted, incl credit for an early guilty plea -Steps needed to prepare D’s case (eg obtaining further evidence) -Court procedure, partic on advantages and disadvantages of magistrates court vs CC

Answer 13

Applies unless D is privately funded Apps are submitted to court dealing with the case To be awarded D must satisfy: 1. Interests of justice test; and 2. Means test

Answer 14

Factors = 1. Whether D is likely to lose their liberty or livelihood or suffer serious damage to their rep -Seriousness/nature of offence and prev good character/standing = relevant - D subject to a suspended sentence of community order could be considered as makes a custodial sentence more likely 2. Whether case requires determination of a substantial q of law - Eg involving challenging identification evidence, hearsay evidence, inferences from silence 3. If D is unable to understand the proceedings or state their own case - Ie vulnerability due to age/English language level 4. If case may involved tracing witnesses, interviewing them, or expertly cross-examining them 5. If it is in the interest of another person - Eg cross-examination of complainant in a sexual or violent offence

Answer 15

Automatically satisfied if: -D under 18 - Or in receipt of IS, I-B JSA, state pension, I-B support allowances or benefits Other Ds need to prove that their means are sufficiently low to qualify for legal aid - Threshold = £3398 of annual disposable income (after all deductions and adjustments have been made)

Answer 16

Ie the plea that takes place when D appears and is charged with an either way offence Steps = 1. Charge is read out 2. Clerk explains that D may indicate if they would plead guilty if the matter were to proceed to trial and that, if D indicates that they would plead guilty, the court would treat that as a guilty plea and proceed to sentencing 3. Clerk asks D whether they would plead guilty or not guilty 4. D indicates guilty plea, court proceeds to sentence 5. D indicates not guilty plea or does not give indication => court proceeds to allocation

Answer 17

Advantages of magistrate's court = - Court's limited sentencing powers (ie no more than 6 months imprisonment for a single offence) - Relative speed and low cost of conducting a trial - Less stringent disclosure requirements on the defence Advantages of crown court -Higher rates of acquittal -More effective processes for challenging admissibility of evidence -Longer delay before trial (which makes gathering evidence more practical within the time limits)

Answer 18

ie court's decision on whether to accept jurisdiction Court must consider: - D’s prev convictions - Whether court’s sentencing powers are adequate, incl the adequacy of the court’s aggregate sentencing powers when more than one offence is charged, taking into account the sentencing guidelines; and - Representations by the defence and prosecution on mode of trial and the adequacy of sentencing powers Mags declines jurisdiction => case is sent to the crown court for trial

Answer 19

Mags court accepts jurisdiction => put to D that matter can be heard it mags court and D may decide whether to consent to summary trial (ie in mags) or whether to elect trial in the CC D will be warned that if they consent to summary trial, the case can still be committed to sentence If D consents to summary trial => court will set a trial date D does not consent to summary trial => matter will be sent directly to CC

Answer 20

D can ask court for an indication whether sentence will be custodial or non-custodial if they were to plead guilty and accept summary proceedings Court not obliged to give indication Indication given and D changes their plea to guilty => court is bound to follow this indication in sentencing Court gives indication but D maintains not guilty plea => court is not bound to follow the indication if D is later convicted

Answer 21

Offence is treated as summary only in that the mags cannot decline jurisdiction BUT still treated as either way in that D can still elect CC trial

Answer 22

1. D or co-D is charged with indictable only offence alongside either way offence - If appearing on both charges on the same occasion, the offence must be sent to the CC - Whereas if appearing on a separate occasion, the offence may be sent to the CC 2. Notice is given by the prosecution to the court that this is a serious or complex fraud case or that the case involves child witnesses whose welfare is best protected by CC trial (eg cases of child cruelty or certain sexual offences)

Answer 23

Case management forms incl the following: - Details of witnesses to be called - Details of agreed prosecution witnesses - Estimated length if trial - Any likely applications to the court - Any special arrangements (eg interpreter) - Confirmation that D has been advised on credit for early guilty plea and that the trial will proceed in their absence if they fail to attend Case management directions: Standard directions = - Prosecution must serve its evidence within 28 days - Defence must serve a defence statement (if it is to be served) within 14 days and notify which prosecution witnesses are requires to attend within 7 days

Answer 24

Indictable only matter => preliminary hearing will take place within 14 days of being sent if: - Trial is likely to last more than 4 weeks - There are case management problems to address - An early trial date is needed - One of Ds is under 18 - There is likely to be an early guilty plea

Answer 25

Takes place 28 days after the case was sent from the mags court D will be arraigned (ie plea will be taken on the indictment) Prosecution agrees to ‘offer no evidence’ on some counts if D pleads guilty to others, or if ‘lets some counts lie on the court file’ => count will not be pursued in exchange for D’s guilty plea to other counts Guilty plea - D pleads guilty => court will proceed to sentencing - D may ask for goodyear indication (ie indication of sentence) - Judge indicates and D then pleads guilty – judge will be bound by their indication Not guilty plea => judge will set a trial date after requiring counsel to advise on: - the facts of the case - number of witnesses - their availability - whether special measures will be needed - whether any issues arising from the defence case statement - Evidential issues incl the adequacy of prosecution evidence, expert evidence, hearsay and bad character - Any other matters of law

Answer 26

Ordinarily has 50 days (or 70 if D on bail) to complete disclosure Disclose all evidence upon which it intends to rely at trial Disclose any unused material which might reasonably be considered capable of undermining the case for the prosecution (or assisting the case for the defence) Duty is ongoing Prosecution seeks to withhold disclosure of sensitive material (eg re national security) => an app must be made to te court in chambers to withhold the material on the grounds of public interest immunity

Answer 27

Have 28 days to serve a defence case statement on prosecution and court (after prosecution has made disclosure) Statements must set out the nature of the defence incl: - what facts of the prosecution are disputed - what alternative facts defence alleges -what points of law the defence wishes to raise -and details of any alibi witnesses (if relevant) D fails to serve an adequate case statement on time that reflects defence put forward at trial => adverse inference may be drawn Defence case statement is deemed to be approved by D

Answer 28

Identification evidence disputed => Turnbull guidelines followed (factors to determine the strength of the identification evidence) Prompt = ADVOKATE ie: - Amount of time the witness observed the suspect - Distance between the witness and the suspect - Visibility at the time fo the observation - Obstruction between witness and suspect - Known or unknown to the witness - Any reason to remember the suspect - Time lapse between the incident and the identification procedure - Errors in the witness’s first description of D’s appearance

Answer 29

Judge concludes identification is weak and there is no supporting evidence => should withdraw the case from the jury and direct acquittal Judge concludes identification evidence is strong enough that a conviction would be supported (or corroborating evidence to support a weak identification) the judge will leave the case to the jury to decide Case goes to trial => D may try to undermine evidence using factors in ADVOKATE At end of trial judge must sum up using Turnball warning on identification evidence, ie: - Warn of the special need for caution before convicting D in reliance on identification evidence, explaining that a mistaken witness can be convincing and that several witnesses can be mistaken - Ask the jury to consider the circs in which the witness identified D; and - Refer to the particular weaknesses with the identification evidence, considering the factors set out in ADVOKATE

Answer 30

1. Fact upon charge - Failure to mention fact when questioned or charged which D could reasoning be expected to mention - Legal advice to remain silent will not necessarily preclude inference - Triggered by putting forward explanation at trial 2. Failure to give evidence at trial - Unless D’s physical or mental condition makes it undesirable for them to give evidence 3. Failure to account for object, substance or mark found on D’s clothing, person, or footwear in their possession at the time of arrest 4. Failure to account for presence at scene of suspected offence

Answer 31

Ie evidence as to something someone else told them out of court Deemed less reliable as truth of the content cannot be tested by cross-examination Admissible only if: - Admissible under statute - Admissible by rule of law - Admissible by agreement of all parties - Admissible in the interests of justice

Answer 32

Applies when: 1. Witness is unavailable - Ie they are: dead, unfit owing to bodily/mental condition, outside the UK and not reasonably practicable to secure their attendance, unable to be found despite reasonably practicable steps having been taken to find them 2. Business document may be adduced if: - Doc was created or received in the course of trade, business, profession, or other occupation; - Person who supplied the information may reasonably be supposed to have had personal knowledge of the matter; and - (if the information was received by other persons) it was done in the course of trade, business, profession, or other occupation 3. Statements were prepared for use on criminal proceedings and the relevant person cannot be expected to recollect the matter 4. There are previous consistent or inconsistent statements of a witness 5. Expert evidence is adduced 6. There is a confession

Answer 33

1. Confessions or mixed statements by D 2. Statements made contemporaneously to the offence; and 3. Statements preserved by res gestae (ie the circs) which incl: - Statements made when a person is so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded; - Statements accompanying an act which can only be properly evaluated in conjunction with the statement; and - Statements relating to a physical or mental state

Answer 34

Gives court discretion to adduce evidence that might otherwise not be admissible In deciding, court will consider: - Probative value of the statement to a matter in issue - What other evidence could be given - How important the evidence is in relation to the case as a whole - Circs in which the statement was made - How reliable the maker of the statement appears - How reliable the evidence of the making of the statement appears - Whether oral evidence of the matter stated can be given - Amount of difficulty in challenging the statemet - Extent of liekly prejudice caused

Answer 35

Ie relayed through more than one person before it gets to court => Rules stricter Admissible only if: - It is a business document - It is an inconsistent statement - It is a consistent statement - All parties agree; or - Value of evidence is so high that it is in the interests of justice

Answer 36

= any statement wholly or partly adverse to the person who made it, whether or not made to a person in authority and whether made in words or otherwise Admissible if they are relevant to a matter in issue Defence can challenge admissibility either on basis of mistake (listener misheard) or on the basis of untruth Burden of proof On prosecution to show oppression or unreliability do not render confession unreliable Prosecution fails to discharge burden => confession must be excluded

Answer 37

Incl confessions obtained by oppressions or by things said or done likely to render the confession unreliable But defence must show causal link between thing said or done/oppression and the confession made Confession made independently => will not be excluded

Answer 38

On prosecution to show beyond reasonable doubt that oppression or things said or done do not render confession unreliable Prosecution fails to discharge burden => confession must be excluded

Answer 39

Bench decides matters of both fact and law Bench rules confession is inadmissible => must put confession from their mind and decide the case without it

Answer 40

Decided by judge in absence of a jury (as it is a matter of law rather than fact) Hearing = voir dire Jury will not know nature of the matter being discussed and will not be informed of the outcome

Answer 41

Court has discretion to exclude evidence offered by the prosecution if it appears to the court, considering all the circs, that admission of the evidence would have an adverse effect on the fairness of the proceeding Different from above as is discretion, not mandatory Often used if police have breached their duties under PACE in obtaining evidence Court will not usually exercise discretion unless breaches are sig and substantial and have rendered the evidence unreliable May incl: - Illegal searches - Identification evidence - Confessions - Covert surveillance - Undercover operations

Answer 42

ie Ie 7 grounds for admitting bad character evidence 1. All party agreement 2. Evidence adduced by D (or given by D in response to cross-examination) 3. Needed to properly understand other evidence 4. Relevant to an important matter in issue between P and D (ie propensity to commit the offence or propensity to be untruthful) 5. Matter in issue between co-defendants 6. Correct false impression given by D 7. D attacked another’s character

Answer 43

Admissible under this heading if: Without it, the jury would find it difficult or impossible to properly understand other evidence in the case; and Its value for understanding the case as a whole is substantial

Answer 44

Similar offence – incl all offences of the same kind Proof needed to show propensity - No min number of events - Unless the offence has unusual or distinctive features in common with the prev conviction, propensity is unlikely to be made out on the basis of a single conviction Propensity for untruthfulness as a ground - Has been restricted to offences only if untruthfulness forms part of the offence - Unlikely to be used to simply adduce evidence of dishonesty offences, unless it relates directly to the type of offence charged in the instant case

Answer 45

May apply where co-Ds are running a cutthroat defence ie blaming each other for the commission of the offence D may seek to show that co-D has a history of committing similar offences to the one charged and is => more likely to be the perpetrator Test for admissibility = substantial probative value (not relevance)

Answer 46

Incl evidence given in court by D or before court proceedings under caution and evidence given by witnesses or elicited by questioning the defence

Answer 47

Ie in intending to elicit such evidence, D’s own bas character evidence becomes admissible Attack need not take place during D’s evidence at trial (can take place when questioned under caution or upon charge) Also if D’s counsel pursued line of questioning intending to elicit such evidence Attack covers wide variety of allegations, incl suggesting that a witness is biased, raising their prev convictions, or accusing the police of misconduct

Answer 48

Must provide notice in a set form and served within 20 business days of entry of a not guilty plea in the mags or 10 business days of not guilty plea in CC D wishes to oppose => notice to oppose must also be served in set form App may be decided at a pre-trial hearing or on the day of trial in absence of the jury

Answer 49

Any of 7 gateways made out => evidence is admissible Evidence is sought to be adduced under the gateways of an ‘imp matter in issue between the prosecution and defence’ or ‘the D attacked another’s character’ => court must not admit it if defence makes an app to exclude it and it appears to the court that admitting the evidence would have such an adverse effect on the fairness of the proceedings that the court must not admit it Court must have regard to amount of time that has elapsed between the matters that constitute bad character evidence and the offence charged (similar to s78 PACE but this provision is more strongly worded) Under s78, court may refuse to allow evidence if its admission would have such an adverse effect on the fairness of the proceedings, whereas for these gateways the court must not admit the evidence

Answer 50

Eg evidenced by lack of criminal record or other noteworthy, commendable behaviour D has no prev convictions => entitled to have judge give a good character direction to the jury Two parts: 1. Propensity direction (person of good character less likely to have committed this offence) 2. Credibility direction (person of good character more likely to be credible when they assert their innocence either before or during trial)

Answer 51

If D has prev convictions that are old, minor, and not related to current charged, D will be considered of effective good character and may still receive a propensity and credibility direction If D has no prev convictions but there is other bad character evidence upon which the prosecution relies, good character direction will probably not be available If D has no prev convictions but there is bad character evidence which the prosecution does not seek to rely on, the judge has a discretion to give a good character direction

Answer 52

EiC Ie witness first questioned by party that called them - witness can only be asked non-leadings qs (ie do not suggest an answer) XE - Advocate's role is to cast doubt on evidence given in chief and put their client’s account to the witness => can ask leadings questions

Answer 53

Competence = W is allowed to give evidence in court - W not competent if appears to court they are unable to: 1. Understand questions put to them as a witness; and 2. Give answers to the court which can be understood Subject to above all Ws (other than D and D’s spouse) are competent All competent witnesses are compellable Compellability = W can be forced to give evidence

Answer 54

For prosecution - Neither competent nor compellable For defence - competent but not compellable BUT Jury/bench/judge may draw and adverse inference if D does not give evidence Direction for judge in summing up states: - D is entitled not to give evidence - Jury may draw such inferences as appear proper - Failure to give evidence on its own cannot prove guilt, but depending on the cicrs, the jury may hold this failure against the D; and - If jury thinks the only sensible explanation for the decision not to give evidence is that the D has no answer for the case against them (or none that could have stood up to XE) then it would be open to the jury to hold the failure to give evidence against D

Answer 55

Prosecution/co-D => they are competent but not compellable (unless the offence involved assault, injury, or threat of injury to them or a child under 16; a sexual offence on a child under 16; or attempting/conspiring/aiding/abetting those crimes) Defence => they are competent and compellable (unless they are jointly charged)

Answer 56

Prosecution => neither competent or compellable Defence => competent but not compellable BUT if co-D pleads guilty or case against them is dropped => competent and compellable for either party

Answer 57

Ie to assist vulnerable W to give evidence Incl following Ws: - Under 18 - With a disability or disorder likely to affect evidence - Affected by fear of giving evidence - Complainants in sexual offences; or - Witnesses to specified gun and knife crimes Poss special measures incl: - Placing screen between W and D - Allowing W to testify through a video link - Allowing W to give evidence in private - Allowing W to pre-record testimony - Using an intermediary to obtain info from W - Asking court officers to remove wigs and gowns

Answer 58

Ie defence can say prosecution had not presented enough evidence to amount to a prima facie case Ie if prosecution has either failed to adduce evidence of one or more elements of the offence or if the evidence given is so unreliable that no reasonable bench, jury, judge could convict Application heard by judge in absence of the jury Successful => D is acquitted Unsuccessful => defence will proceed to advance their case

Answer 59

Mags - Ind mags = Sir/Madan - Bench = your worships - DJ = Judge Crown court - Judge = your honour when addressed, or his/her honour judge [surname] when referred to in 3rd person

Answer 60

Offer a starting point for an offence and list aggravating and mitigating factors, which may increase or lower the sentence Courts obliged to follow the guidelines unless it is against the interest of justice to do so

Answer 61

- Relevant previous convictions - that offence was committed whilst D was on bail - that offence was motivated by racial or religious hostility - that offence was motivated by V's sexual orientation, transgender identity, or disability

Answer 62

- Offence premeditated - Offence committed in a group - Targeting vulnerable victim - Offence committed under influence of drugs/alcohol - Abuse of position of trust - Use of weapon - Gratuitous violence or damage to property - Victim providing a service to the public - High value or sentimental nature of property

Answer 63

Totality principle must be taken into account – ie overall sentence must not be disproportionate to the overall seriousness of the offending behaviour Offences arise out of same matter and are connected and D is found guilty of more than one of the offences => sentences will generally be concurrent (ie served at the same time) If D is found guilty of multiple offences that did not arise out of the same conduct, consecutive sentences more likely (ie served after each other)

Answer 64

- Offence committed on impulse - D subject to high degree of provocation/acted out of fear - D has a disability or mental illness - D is very young or old - D played a minor role in crime - D has attempted to make reparation with the victim

Answer 65

Before trial => entitled to a reduction in the sentence that would otherwise be imposed Earlier plea entered => greater reduction in sentence Pleads guilty at first opp => 1/3 reduction in sentence

Answer 66

Mags court restricted in sentencing powers Can impose max 6 months imprisonment for a single or multiple summary offence or a single either way offence Can impose max 12-month sentence for two or more either way offence

Answer 67

Imposed only when the custody threshold has been passed Threshold states that no offender should be sentenced to a custodial sentence unless the offence is so serious that neither a fine nor a community order can be justified Threshold passed => court will use relevant sentencing guidelines to determine appropriate length of sentence - Sentence must be shortest term that is commensurate with the seriousness of the offence - Offender will generally spend half sentence in custody and remaining half on licence - Offender breaches any term of licence/commits further offence during licence, they would automatically be returned to custody to complete the remainder of their sentence

Answer 68

Custody threshold passed => court has option to impose suspended sentence in place of immediate custodial sentence Ie not placed in custody but will be liable to serve sentence in custody if they break any conditions of the suspension or if they commit any further offences whilst subject to the suspended sentence CC can suspend a 2 year sentence, and mags can suspend a 6 months sentence Max period of suspension is 2 years Court is able to impose additional requirements (eg community order) as part of the suspended sentence

Answer 69

(or commits a further offence while subject to a suspended sentence) 1. Activate the custodial term imposed 2. Activate a reduced term to reflect the period of compliance with the suspended sentence 3. Amend the requirements of the sentence to be more onerous 4. Extend the period of suspension originally imposed

Answer 70

CC and mags able to impose a fine (either as sole sentence or in combination with any other sentence, save a discharge)

Answer 71

Probation service will frequently provide a pre-sentence report if a community order is considered Probation service will advise on the suitability of any order and particular requirements Community order may incl: - Unpaid work requirement - Rehabilitation activity requirement - Programme requirement, eg sex offenders or drink driving programme - Curfew - Exclusion from a particular area - Residence requirement - Mental health treatment requirement; and - Drug rehabilitation or alcohol treatment requirement Offender breaches community order => can be subject to breach proceedings, can result in the order being amended and more onerous terms imposed/or order being revoked and offender being sentences to immediate custody

Answer 72

Court does not feel any other sentence is merited => court can opt to impose a discharge Absolute discharge = no punishment whatsoever, except for the recording o the offence on the record Conditional discharge => D must not offend again for specified period (up to 3 years) or they will face being resentenced for the original offence

Answer 73

Must be levied when D is sentenced Compulsory and in addition to any sentence Amount charged will depend on type of sentence imposed Surcharge does not go to the victim but is pooled and distributed by a fund

Answer 74

ie D may wish to plead guilty but not accept full facts as set out by the prosecution => D may offer a basis of plea to the prosecution Prosecution accepts that the basis reflects the seriousness of the offending => D can be sentenced on the agreed basis P does not accept D’s basis of plea => newton hearing held to settle disputed facts Hearing takes form of a trial in which witnesses are called to give evidence Hearing settled in P’s favour => D will lose any credit for the guilty plea Hearing settled in D’s favour => D will retain any credit for guilty plea

Answer 75

D has right to appeal D pled guilty => may only appeal against sentence P has no right of appeal

Answer 76

D must lodge written notice of appeal with convicting/sentencing court within 21 days No requirement to set out the basis of appeal as court has no power to decline jurisdiction (but usual practice to set out grounds)

Answer 77

Matter heard by CC judge supported by at least 2 (max 4) mags Constitutes a complete rehearing (ie new evidence can be called) CC has power to increase as well as reduce the sentences imposed, but are restricted to sentencing powers of the MC Court can also impose a costs order on D should appeal be unsuccessful

Answer 78

By way of case stated ie that decision is wrong in law or in excess of jurisdiction Both P and D may appeal Application must be made in writing within 21 days of decision in MC and must include the point of law subject to the appeal Appeal heard by 3 judges, and only legal arguments will be made (ie no rehearing of evidence)

Answer 79

D can appeal against both conviction and sentence to the CoA D must obtain leave (permission) Granted either by trial judge or CoA itself D seeks leave from CoA => must lodge a notice for application of leave to appeal within 28 days of the decision with the convicting/sentencing court CC will send appeal to CoA where single judge will decide whether leave to appeal should be granted Refused => D can renew the application to the full court

Answer 80

D can appeal only on ground it is ‘unsafe’ (eg if evidence wrongly excluded/admitted, conduct of trial demonstrated obvious bias, problems w jury etc) When hearing appeal the CoA can quash the conviction and order either acquittal or retrial, find D guilty of some offences but not others, find D guilty or alternative offences, or dismiss the appeal

Answer 81

Can be made on basis that the sentence was wrong in law, wrong in principle, or manifestly excessive CoA can quash any sentence imposed by the CC and impose and sentence it deems appropriate BUT cannot exceed sentence imposed by the CC Any new sentence imposed will be deemed to have been imposed at the original sentencing date (ie any further time spent in custody pending appeal will be taken into consideration)

Answer 82

Cannot appeal a decision by jury to acquit D, but can appeal rulings made by judge during the course of the trial (eg re exclusion of evidence) AG may also refer a case to the CoA if they feel a sentence passed was unduly lenient and permission is granted by the CoA itself

Answer 83

Decision by CoA can be appeal by D or P only if: 1. CoA or SC grant leave to appeal; and 2. CoA certifies that a point of law of general public importance is involved

Answer 84

= part of MC and deals with 10-17 yos Proceedings conducted in closed courtroom where public are excluded Press permitted to attend but subject to reporting restrictions that prevent publication of details likely to lead to identification of D Proceedings conducted in less formal manner (+ formalities of address largely dispensed with + increased emphasis on using plan English)

Answer 85

Youth turns 18 during proceedings => youth court may elect to retain case for trial or remit case to adult MC In either event, court will have full range of sentencing options available in the adult court upon conviction

Answer 86

Certain crimes must be sent to the CC: - Murder/attempted murder/manslaughter - Certain firearm offences - Specified violent, sexual, or terrorism offences where the youth is considered dangerous

Answer 87

= an offence punishable in the adult court by a sentence of 14+ years (eg robbery/rape/specified firearms) Youth appears charged of grave crime => youth court considers adequacy of its sentencing powers in determining whether to accept jurisdiction Youth court should send cases to CC only if it fells its maximum sentence is insufficient and that a sentence of long term detention would be more appropriate Court must conclude that there is a real prospect of a custodial sentence of substantially more than 2 years to decline jurisdiction

Answer 88

Adult sent to CC => youth also sent to CC Adult sent to MG => youth tried alongside adult in MC

Answer 89

= prevent reoffending Court should give primary focus to offender above the offence committed Emphasis on rehabilitation, on avoiding criminalising youths unnecessarily, and on getting young offenders to take responsibility for their actions

Answer 90

Ie referral to youth offender panel Panel = member of youth offending team and 2 community reps Panel will meet with youth and their family and agree a contract (3-12 months in length) aiming to address the youth’s offending, their issues, and make restitution to the victim May be made if D pleads guilty to some but not all offences, or if D prev receives referral order Cannot be made if D pleads not guilty to all offences but is convicted after trial Youth commits further offences whilst subject to referral order (or if terms of order are breached) => court has discretion on whether to permit order to continue or revoke order and resentence

Answer 91

Can last up to 3 years Can incl variety of conditions incl supervision (attending appts with the probation service), unpaid work (up to 240 over max 12 months), activities (making restitution to victim or addressing offending behaviour), programmes (eg anger management), curfew, exclusion from specified area, and residence requirements

Answer 92

= custodial sentence available in YC ie First half of sentence spent in custody, and second half spent under supervision of the youth offending team Depends on age: - D aged 10-11 => detention and training order not available - D aged 12-14 => order available only for persistent young offenders (ie D who has been sentenced on 3 occasions for an offence punishable by imprisonment) - D aged 15-17 => order can be imposed on any offender as long as the court is of the opinion that the case is so serious that only a custodial sentence is justified Can be imposed for period of 4, 6, 8, 10, 12, 18 or 24 months