Overview of criminal procedure Flashcards
(21 cards)
Where is summary only offence heard at?
Mags
Key features of summary only offence?
Less serious offences
Max 6 months’ custody per offence
No jury
Magistrates only
Where is either way offence heard at?
Either mags or Crown court
Key features of either way offence?
Medium seriousness
Court decides venue based on case facts
Magistrates or Crown Court (jury)
Examples of summary only offences
Common assault
Drunk and disorderly
Minor driving offences
Examples of either way offences
Sexual assault (touching without consent)
GBH, Section 20 (unlawful wounding)
Theft
ABH
Where is indictable only offence heard at?
Crown court
Key features of indictable only offence?
Most serious offences
Must go to Crown Court
Judge and jury only
Examples of indictable only offences
GBH, Section 18 (wounding with intent)
Manslaughter
Murder
Child abduction (by a stranger)
Preliminary evidential matters - distinguishing who is responsible for what
2 tribunals – 1 of fact and 1 of law.
General rule – tribunal of law = court/judge
Tribunal of fact = jury
What is the criminal standard of proof?
Proof beyond a reasonable doubt
Meaning of direct and oblique intent
Direct Intent
This is when the defendant clearly meant to do something.
Definition:
The result was the defendant’s aim, purpose, or goal.
Example:
Someone points a gun at another person and shoots, wanting to kill them — that’s direct intent to kill.
Oblique Intent
This is when the defendant didn’t aim for the result, but they knew it was almost certain to happen from their actions — and went ahead anyway.
Definition:
The result was not the main aim, but the defendant knew it was a virtually certain consequence, and the jury believes they appreciated that certainty.
Example:
Someone sets fire to a house to scare the occupants, knowing it’s almost certain someone will die — even if killing wasn’t the main goal, they may still have oblique intent.
Key Case:
R v Woollin (1999) – set the test for oblique intent:
If death or serious harm is a virtual certainty, and the defendant knew this, the jury may find intent.
Direct Intent = “I meant to do it.”
The result was your goal.
You wanted it to happen.
Example:
You stab someone because you want to kill them — that’s direct intent.
Oblique Intent = “I didn’t mean it, but I knew it would happen.”
The result was not your goal,
But you knew it was almost certain to happen and did it anyway.
Example:
You set fire to a house to scare someone, but you know someone will almost certainly die — that’s oblique intent.
Powers to exclude evidence – goes against general principle of fairness
s78 PACE (catchall – tells us that if evidence has been obtained in such a way having regard to all the circumstances that admitting it would have adverse effect on fairness of proceedings, court will not admit it) e.g. hearsay or confessions – s78 general discretionary power – should only use it when there’s not a more appropriate specific exclusive power.
S78 – general power to exclude - Common law that’s been put on statutory footing.
Only use s78 where no other power is available to us.
S76(2) – evidence being adduced by oppression, court shall not allow it.
S76 – confessions
Breach of PACE does NOT automatically lead to the exclusion of evidence.
Don’t need to show that police have acted in bad faith when breaching PACE, as they breach it all the time and not always in bad faith e.g. recording of evidence in custody suite, if police go in and video recorder isn’t working, it’s a breach of PACE but not their fault.
Police obtained something in good faith but it’s still a breach of PACE – court will not allow them to use it.
True or false?
True
When can you be refused a solicitor?
Terrorism – so that the solicitor doesn’t tip anyone off about what’s going on.
Burden and standard of proof
General rule – on the prosecution to prove beyond reasonable doubt.
Defence raises concern with s76 – burden of proof then passes onto P to prove that confession was obtained properly.
D raises defence – burden shifts on D to prove on the balance of probability.
Burden on D – balance of probabilities.
Burden on P – beyond reasonable doubt.
Admitting something – don’t need to prove something that’s been adduced or don’t need to prove something that’s common knowledge e.g. that a balloon couldn’t cut someone.
D raises defence of insanity – he needs to prove that he’s insane.
Evidential and legal burden
Self-defence/Duress – Evidential burden is on D to prove on balance of probability.
Legal burden – on P to then disprove it
Mags – they are tribunal of fact and law as no jury to be tribunal of fact.
When can evidential burden be discharged?
Evidential burden can be discharged wherever there is sufficient evidence of the defence, can be adduced by anyone or anything e.g. CCTV, doesn’t have to only be adduced by Tim
Competence and compellability
Witness summons ignored and you’re a compellable witness?
Then you’re in contempt of court.
All competent witnesses are compellable, however, exceptions:
*Spouses – sexual offences
*Accused is a witness for prosecution
*Children and persons of defective intellect
*Limb 1 – questions around competence
*Limb 2 – defences or exemptions
Children who don’t understand what an oath is cannot be called as witnesses; they are not compellable, exceptions:
Children’s onus may be heard if the court feels he has sufficient understanding and can speak the truth.
General rule – 14+ is competent and thus compellable.
Under 14 – do they understand an oath/duty to tell the truth
Sovereign diplomats – competent but you cannot compel them.
