Criminal Practice Flashcards
(31 cards)
Offences ranking
1) Summary
2) Either way
3) Indictable
Where do trials of summary offences take place?
Magistrates court
Where do trials of either way offences take place?
Crown court or magistrates court
Where do trials of indictable only offences take place?
Crown court
Example of summary only property offence
Criminal damage under £5000
Example of either way property offence
Theft act s1
Example of indictable only property offence
Robbery, Theft Act 1968 s.8
OAP summary offence
Battery
OAP either way offence
Assault occasioning ABH
OAP Indictable only offence
Wounding/GBH with intent
Why do police interview suspects?
Obtain evidence by questioning
Does a suspect have to answer police questions?
No
Privilege against self discrimination
Why do suspects decide to not answer questions?
to avoid strengthening the prosecutions case
How do criminal proceedings start?
Charging a suspect
Tests used to decide wether or not to supply legal aid?
Means test and interests of justice test
To which offence does plea before venue procedure apply?
Either way offences
On what grounds may the court refuse bail
faili ng to surrender to custody
Committing an offence on bail
Interference with witnesses
Things the court use to help decide bail
Nature and seriousness of the offence
the character and antecedents of the defendants
the defendants record as respect to bail
the associates and community ties of the defendant
How can a defendant be convicted of an offence?
plead guilty or be convicted at trial
Purpose of a criminal trial?
So the prosecution can prove its case
Trial: How many lay magistrates are required for trial?
3
Evidence: What is the general rule with opinion evidence?
Inadmissable
Examples of potentially admissible evidence?
Oral testimony
witness statements
documentary evidence
Real exhibits
When a witness gives evidence what is the correct order?
Evidence, cross examine, re-examine
