Questions Wrong In Mocks Flashcards
What should you do if no longer intent to call a witness but you told prosecution you would call
Serve an amended notice of intention to call witness
What age do you need to be to get a detention and training order
At least 12
Can the mags try a defendant in absence
Yea
If under 18 then they may try in absence
If over 18 then they must try in absence unless it appears to the court to be contrary to the interests of justice
But the mags shall not proceed in absence if it considers there is an acceptable reason for failure to appear- they do not need to inquire though
The mags will then proceed as if D was present
Can the crown try a defendant in absence
Must not unless
- D has waived right to attend and
- the trial will be fair despite the defendants absence
Trial should not continue if D absent because of reasons beyond their control eg sickness
If trial continues in absence then judge should warn the jury not to hold against D
Do you still have a plea before venue hearing for a linked offence
Yes because they may send up but don’t have to
Must the judge allow D to withdraw guilty plea
No it is discretionary and judge can do anytime before sentencing passed
Which is given priority , compensation or fine
Compensation
Can mags issue a bench warrant if don’t think summon would be enough
Yes
How long to serve defence statement in crown court
28 days from initial disclosure
If you want to serve defence statement in mags, when should you do so
Within 14 days of initial disclosure
Does an expert need to have qualifications
No
If single judge grants leave to appeal on first ground but not second, can you still use second
No unless renew is successful
What is the extra thing to satisfy for a detention and training order if D is below 15
They must be a persistent offender
Can you be convicted on qualified ID alone
No need other reliable evidence
Does disorderly behaviour count as a voluntary absence from own trial
No not considered his own choice
Can you combine a fine with a suspended sentence
Yes
Should the judge seek representations from counsel about directions and if so when
Yes unless there are exceptional circumstances
Representation should be got before counsel make closing speeches
How can you make an application for dismissal
You give written notice and then make orally or written
What items can be forfeited
Items must be used for the purpose of committing offence or facilitating offence
Can a false alibi support id evidence
Lie must be proved and there must be no innocent explanation for lie
Can you call evidence to contradict a witness who denies being bias
Yes and do this before commenting in speech
Should the jury be told the relevance of BC , the reason it was admitted and a warning against giving it too much weight
Yes
What is the minimum sentence for a third class a drug offence
7 years unless there are particular circumstances that would make it unjust to do so
Can you interview intoxicated persons
If they are able to appreciate the significance of questions and there answers
