Essential Elements Flashcards
(34 cards)
Elements of circumstantial evidence
Motive to commit the crime Ability to commit the crime Guilty intent to commit the crime Identification MUST ALWAYS BE PRESENT Conduct after the crime Opportunity to commit the crime Preparation for committing the crime
Essentials required to prove guilt
Crime has been committed Relevant charge to the crime Identified the accused Evidence is competent Sufficient evidence
What are the three stop and search principles?
Public trust and confidence
Legality
Effectiveness
What is involved with the moorov doctorine?
Two or more crimes or offences
Committed by the same offender
Only one eye witness for each crime
What is involved in the Bowden principle?
Two or more crimes
Committed by the same offender
Circumstances of each are so similar
Accused can be convicted if witnessed In one case
What is the power to seize productions?
Common law
To seize productions without warrant
If property is in a premises may need warrant
Hearsay evidence is in admissible unless?
CID
statement made by the accused UNDER CAUTION
INVOLUNTARY EXCLAMATIONS made by a person at the time
Statement made by a witness on their DEATH BED
What is the process of arresting someone?
IRAN inform Reason Administer caution Note reply
What is your power of arrest for anyone who fails to comply with the requirements for section 13 of the criminal procedure act?
May arrest any person you reasonably suspect of committing the offence (unconditional)
Or fails to comply with requirements
When should we use a common law caution?
When ever we are dealing with a person who we think has been involved in the commission of a crime or offence
It reminds the suspect that they are under no compulsion to say anything
Why are searches carried out?
To secure evidence
Ensure safety and security of everyone
What should you consider for whether you have reasonable cause to suspect?
SHACKS seen Heard Actions Conversation Knowledge Smell
What powers do you have of arrest at common law?
Arrest without warrant any person: CARLO C- see Committing the crime A- Accused by credible witness R- Running away from crime L- threatening danger to the Lieges O- offensive to public decency
When would you arrest someone who has committed a minor offence?
RAISE Prevent Repetition or Refuse to desist No fixed Abode Interests of offender or public safety Not satisfied with name and address Prevent evident intention to abscond
What are the advantages of arrest?
SPINFRED search Photograph Identification parade Non-invasive samples Finger prints Restraint and control Examination of injuries Dental and other invasive samples
When does arrest cease?
RIG
Released- without charge, fixed penalty or undertaking
Imprisoned following conviction
Grounds for arrest no longer exist
At common law we are allowed to enter premises in what circumstances?
DISC disturbance Invitation Serious crime Cries for help
What courts follow solemn procedure?
High court and sheriff and jury court
What courts follow summary procedure?
Sheriff court or justice of the peace
What are special defences?
ASIA Alibi Self defence Insanity Allegation another named person committed the crime
What is included in a complaint?
The charge(s) that the accused person faces
Copy of any previous convictions
Summary of the evidence against them.
What is the purpose of a pleading diet?
The accused is asked to plead guilty or not guilty
Guilty-disposed of there and then
Not guilty- two further dates are set when accused needs to attend court
What is the purpose of the intermediate diet?
Only the accused needs to attend.
To check whether or not the trial will be ready to go ahead.
Allows any unnecessary witnesses to be cancelled.
Accused May also plead guilty
Whate are the three common types of warrants?
Apprehension warrant- arrest warrant to bring the person before the court as soon as possible
Means enquiry warrant- arrest them to bring before the court if they fail to pay the fine
Extract conviction warrant- arrest them and take them straight to prison when they can’t pay there fine straight away
