Final Review: Crim Law & Practice Flashcards
(50 cards)
Who brings criminal cases to court?
Generally, the Crown Prosecution Service (CPS)
Can also be brought by local authorities/counsels/agencies
Difference between ABH, GBH s20, and GBH s18
ABH: Assault or battery + causation + actual bodily harm (any injury calculated to interfere with the health or comfort of another)
GBH s20: Intentionally or recklessly causing some harm (greater than ABH, piercing the skin or long period of unconsciousness)
GBH 218: Intentionally causing serious bodily harm or intent to resist lawful apprehension (i.e., recklessness is not enough)
Burglary by trespass with intent
vs.
Burglary by offence following trespassory entry
1) Burglary by trespass with intent:
- A trespassory entry into a building with the INTENT to (i) steal anything inside, (ii) inflict grievous bodily harm on anyone inside, or (iii) cause criminal damage to the building
2) Burglary by offence following trespassory entry:
- After entering the building, D either (i) stole or attempted to steal something, or (ii) inflicted or attempted to inflict GBH on someone inside
What is aggravated burglary?
If a person commits a burglary while in possession of any item adapted or intended to be used to cause injury.
What are the defences to criminal damage?
- The owner did/would have consented to the damage
- The property is in immediate need of protection, so long as the protection provided is carried out reasonably
Aggravated Criminal Damage v. Regular Criminal Damage
Aggravated:
- Property can belong to D
- D must intend or be reckless about endangering life
- The defences available for regular criminal damage do not apply
NOTE: Life does not actually need to be endangered
How young is too young to commit a crime?
UNDER the age of 10 (so 10 year olds can commit crimes)
When is a person unfit to plead?
If they lack sufficient intellect to:
- Comprehend the trial as to make a proper defence
- Challenge a juror to whom they object
- Comprehend the details of evidence
What are the 3 categories of criminal offences?
- Summary only
- Either way
- Indictable only
When can access to legal advice be delayed?
(1) Indictable only or either way charge
(2) Superintendent or above has authorised it in writing
(3) Officer has reason to believe that access to legal advice will lead to either interference with evidence or alerting suspects
(4) For no more than 36 hours
For how long can legal advice be delayed?
Up to 36 hours at most
Arrestees have the right to have someone informed of their arrest. For how long can this right be delayed, and who needs to approve the delay?
36 hours, if approved by an officer with the rank of inspector or above
How long may a suspect be kept in custody without being charged?
Initially, 24 hours from the time the suspect enters the police station
12 hour extension by a superintendent or higher if they believe it is necessary to preserve or obtain evidence, and they are acting diligently and expeditiously
36 hour extension by application for a warrant to the magistrates’ court
24 hour extension by application for a warrant to the magistrates’ court
TOTAL: 96 hours
When must an identification procedure be held?
When a witness has identified/purported to identify a suspect, or there is a reasonable chance they will be able to identify a suspect.
During a police interview, what additional safeguards are in place for vulnerable suspects?
Access to an appropriate adult who should be present at questioning
When is there a presumption that a defendant should be released on bail?
For non-homicide cases
NOTE: Bail can still be denied for non-homicide cases if the court finds that an exception applies + there is a real prospect that a custodial sentence will be imposed.
At a bail hearing, when can the court remand a defendant into custody for non-homicide offences?
The court must find an exception to the right to bail + real prospect of a custodial sentence
If a court attaches bail conditions, what should they be?
Relevant, proportionate, and enforceable (e.g., D must reside at a specific address, prohibiting them from contacting certain people)
When will a representation order be granted?
Interest of justice + means test is met
Interest of justice test:
- Will lose their liberty, livelihood, or reputation?
- Case about a substantial question of law
- Can D understand the proceedings
Means test:
- Is D a minor
- Does D receive income support
- Does D qualify for legal aid
What is a Goodyear indication?
In the crown court when D asks for an indication of what the sentence imposed will be.
The judge is bound by what they say if D then pleads guilty.
When should a Turnbull direction be given?
When a case mainly relies on identification evidence. It provides guidelines for the trier of fact to consider.
What are a suspect’s rights in a police interview?
They have a right to, and must be given a caution at the start of the interview explaining that they have the right to:
- Legal representation
- Remain silent
- Anything they say can be used against them at trial
- An adverse inference may be drawn if they mention at trial something which they would reasonably have be expected to disclose in the police interview
- An adverse inference may be drawn if they fail to account for their presence at the scene, or an object/mark/substance found on them at the time of arrest
After a police interview, who decides whether the suspect should remain in custody or be remanded on bail?
The custody officer
Can bail be granted on a murder charge?
Yes, but the presumption is that bail may not be granted unless D can convince the Crown Court there is no significant risk they will harm another person.
