SQE 2 Criminal Practice Advice (Interview/Writing/C&M) Flashcards
(90 cards)
1
Q
Your client was detained for a “long time” in the police station and requires advice on the rules - does he have grounds to allege a breach of PACE?
A
- Detention Review: 6 hours from detention time. Then, periodically every 9 hours. Starts from detention time.
- Unextended time limit: 24 Hours from time of arrival at station
-
Extension by Superintendent or above: + 12 hours -
total 36 hours) from time of arrival - Magistrates Warrant: Warrant 1 gives +36 hours and a second warrant can add an additional + 23 hours. Maximum of 96 hours since time of arrival.
2
Q
Your client alleges the police refused to inform his friend of his arrest, what advice could you give?
A
An Inspector or above is able to delay advice by up to 36 hours if they think informing could:
- Harm Evidence
- Harm others
- Alert suspects
- Hinder recovery of property
It must be an indictable offence, and the delay must be confirmed in writing.
If not complied with, an application under s.78 PACE could be made in relation to any evidence obtained during the interview.
3
Q
Your client alleges the police refused to allow him access to a solicitor. Explain the possible breach.
A
Per PACE, your client has a right to legal representation. However, a superintendent or above is able to delay advice by up to 36 hours if they think informing could:
- Harm Evidence
- Harm others
- Alert suspects
- Hinder recovery of property
It must be an indictable offence, and the delay must be confirmed in writing.
4
Q
Your in a police station and notice a sargent is supervising your clients identification procedure. What should you do?
A
You should intervene since the identification officer must be at least the rank of an inspector or above.
5
Q
Your client was attending the police station voluntarily. Midway through the interview, he was arrested.
He wants advice relating to the detention extension clock.
A
The clock commences at the time of arrest for a volunteer - not the time of arrival.
6
Q
You are attending an intervie with a minor client who requires an appropriate adult.
The appropriate adult fails to show up. What circumstances can the interview proceed?
A
An urgent interview can take place without AA if authorised by a Superintendent or above.
It must only be authorised if failure to do so, the delay, could:
* Harm Evidence
* Harm others
* Alert suspects
* Hinder recovery of property
The officer must also be satisfied it would not significantly harm the person’s physical or mental state
7
Q
Your client is preparing for an identification procedure and asks what are the requirments of a Visual ID (VIPER):
A
- Officers film the suspect asking them to face the camera and be filmed from right, left centre.
- There must be 8 other individuals (in addition to the defendant/defendants) who look alike from Viper
- Unusual features (e.g. tattoo) should be concealed or replicated
- Must be recorded on video with sound, showing all persons
8
Q
The police have asked your client to participate in a video ID. What should you explain to your client?
A
They don’t have to co-operate.
However, if the suspect refuses, an alternative method may be considered. For example, they can proceed using pre-made footage of the defendant or simply attempt a different method such as covert identification.
9
Q
Your client has been releassed on bail without charge (pre-charge bail) and asks you to explain the timeframes the police must comply with.
A
He must be charged or released:
- Within 28 Days from the day after arrest
- This can be extended to 3 months by a superintendent
- Extended further 3 months by a court warrant
It is more usual for the police to Release Under Investigation since there is no time limit.
10
Q
Your client is detained in custody. When will he appear for his first hearing?
A
Next Available Court
11
Q
Your client is on bail having been charged.
A guilty plea is likely. When will he have his first hearing?
A
It depends where he is likely to be sentenced:
- Magistrates Court: Within 14 days of charge
- Crown Court: Within 28 days of charge
12
Q
Your client is on bail having been charged.
A not guilty plea is likely. When will he have his first hearing?
A
Within 28 days of Charge
This is the same whether it is likely to remain in the Magistrates court or be committed to the Crown Court.
13
Q
Your client is to be tried in the Magistrates Court. He seeks advice on when he can apply for bail.
A
- Attempt 1: Immediately at First Hearing
- Attempt 2: Appeal to Magistrates Court within 8 days
- Attempt 3: Appeal to Crown Court
The client could choose to bypass the 2nd magistrates attempt, for a Crown Court hearing to be listed within 48 hours. They will however lose the 2nd attempt.
14
Q
Your client is to be tried in the Crown Court. He seeks advice on when he can apply for bail.
A
Attempt 1: Immediately at First Hearing
Attempt 2: Further attempt at the Crown Court
15
Q
Your client is to be tried in the Crown Court. He seeks advice on when the trial must commence by.
A
Within 182 Days from first hearing less any days spent in custody prior to going to the Crown Court
16
Q
Your client is to be tried in the Magistrates Court. He seeks advice on when the trial must commence by.
A
Within** 56 Days from first hearing**
17
Q
Your client is to be sentenced in the magistrates court. Explain the maximum sentence that could be handed down.
A
- Summary Only: 6 Months
- Either-Way: 12 Months
Note, this is new since 2024!
18
Q
Your client is awaiting trial.
He wants advice on his rights relating to bail.
A
Per s.4 Bail Act there is a presumed right to bail. Bail must be granted unless grounds of objection are succesfully raised.
There are four routes of objection:
* Big Three: Failure to Attend; More Offences; Witnesses
* Need Not: Ds protection, In Prison; Insuffucient time
* Serious Cases Grounds: Murder, Rape, Sexual
* Offences Commited Whilst on Bail Grounds
19
Q
Your client has been convicted and has requested bail whilst appealing.
He wants advice on his rights relating to bail.
A
No Presumption in favour of bail.
Refusal is the default position unless specifically granted.
20
Q
Your client has been committed from Magistrates
to Crown Court for Sentence.
He wants advice on his rights relating to bail.
A
Refusal is the default position unless specifically granted.
21
Q
Your client has committed an indictable offence and wants you to explain the ‘Big Three’ objections to bail.
A
Bail can be refused if there is a real prospects of D receiving a custodial sentence, and there are substantial grounds for believeing one of the following apply:
- Fail to Attend Later Hearing
- Commit further offences on bail
- Interfere with witnesses
22
Q
Your client has committed a summary only offence and wants you to explain the ‘Big Three’ objections to bail.
A
The ‘Big Three’ objections are only available for a summary offence if
- D breached bail and is under arrest per s.7 Bail Act; or
- D has prior ‘’failure to surrender’ conviction
If satisfied, bail can be refused if there is a real prospects of D receiving a custodial sentence, and there are substantial grounds for believeing one of the following apply:
- Fail to Attend Later Hearing
- Commit further offences on bail
- Interfere with witnesses
23
Q
Your client has heard that the prosecution may rely on the ‘need not grounds’ for objecting to bail. He asks what this means.
A
The ‘need not grounds’ are available for all types of offences. The prosecution must establish one of the following:
- Remand for Ds Protection
- D already serving a custodial sentence
- Insufficient time to gather evidence to deal with the issue of bail
24
Q
Your client is chaged with murder. He wants to know whether bail is presumed.
A
No, this is an exception to s.4. Note, only a Crown Court Judge can grant bail.
Whether bail will be granted depends on pre-convictions:
- If D has a pre-conviction for (a) murder; (b) attempted murder; (c) rape; or (d) serious sexual offence, there will be No Bail unless exceptional circumstances justify
- If there are no such pre-convictions, there will be No Bail unless no signifiant risk of D causing an offence likely to injure whilst on bail.
25
Your client is charged with a serious crime (e.g. attempted murder, rape). He wants to know whether bail is presumed.
If D has a **pre-conviction** for (a) murder; (b) attempted murder; (c) rape; or (d) serious sexual offence, there will be No Bail unless exceptional circumstances justify
If there are no pre convictions, s.4 presumption applies.
26
You believe that the evidence against your client would not be sufficient for him to be properly convicted. What should you do?
Make an application for dismissal at the pre-trial stage. Note, this is only available in the Crown Court.
27
You believe that the evidence against your client would not be sufficient for him to be properly convicted. The prosecution have presented their evidence at trial. What should you do?
Make a submission of no case to answer on any one or all of the charges
This can be used in both the Cronw Court and Magistrates Court
28
Your client confessed to an offence during a police interview.
How would you explain to him the effect of s.76 and the definition of oppression.
If you make an application under s.76(2)(a) that the confession was or may have been made by oppression, you are asking the court to rule it inadmissible.
Oppression includes:
* Torture
* Inhuman Treatment
* Threats of **violence**
* Abusive language
29
Your client confessed to an offence during a police interview.
How would you explain to him the effect of s.76 and the definition of unreliability.
If you make an application under s.76(2)(b) that the confession was or may have been made by unreliability, you are asking the court to rule it inadmissible.
Unreliability includes:
* Inducing promises
* Inducment and Threats (non-violent)
* Trickery
* Failure to comply with PACE
* Deprevation of sleep
* Failure to caution
* Denial of legal advice
30
You are advising your client on the ability of the prosecution to adduce bad character evidence. He asks when and how it can be adduced.
Sources **cannot** be adduced if it relates to
* Misconduct Connected to Offence; or
* Misconduct connected with the investigation
Otherwise, the following sources **can** be adduced:
* Previous Convictions
* Acquittals
* Agreed Facts Amounting to Reprehensible Behaviour
* Witness Evidence of Reputation
To introduce, the party must make out a 'ground'
* s.101 grounds for Defendant Bad Character
* s.100 grounds for non Defendant Bad Character
31
Your client is aware the prosecution are going to apply to adduce bad character evidence. Can you explain to him the s.101grounds.
* **Agreement** - No permission needed.
* **Blurt it Out** - D adduces himself. No permission needed.
* **Context** - Necessary to explain prosecution case. Court Permission needed.
* **Done it Before** - To show D has a propensity to commit offences of the same description, category or kind; or to show D has propsenity to be untruthful. Court permission needed and s.101(3) safeguard.
* **E'Done it** - Probabitve valuer for matter between D and Co-Defendant. Court permission needed.
* **False Impression** - To correct false impression given by d. Court permission needed.
* **Gets at Witness** - D attacks another's character, admissible in 'response' - Court permisison needed, and s.101(3) safeguard applies.
32
Your client wants to adduce bad character evidence of another party using the s.100 non-defendant bad character gateways. He asks you to explain the grounds.
Permission is needed for all three:
* **Important Explanatory Evidence** - Evidence is necessary because, without it, the court would find it impossible or difficult properly to understand other evidence
* **Substantial probative Value** - It has substantial probative value in relation to a matter in issue and of substantial importance in the context of the case.
* **Agreement of the Parties**
33
Your are preparing for trial and are explaining to under 18s whether they are allowed special measures. What is the position?
It depends on the role of the youth:
* **Witness**: Automatically Eligible
* **Complainant**: Automatically Eligible
* **Accused**: If ability to participate is compromised by their level of intellectual ability or social functioning
34
You are briefing a witnesses. They ask whether, as an adult, they are eligible for special measures. Explain.
Automatically eligible if...
* Offence Involves Homicide
* Offence Involves Firearm or Knife
At the court's discretion in other cases, on the basis that they:
* Have a mental disorder or physical disability
* Have an impairment of intelligence or social functioning
* Are in fear or distress about giving evidenc
35
You represent the claimant. Whenare they automatically eligible for special measures?
* Under 18 at the time of trial
* Involves Sexual Offence
* Involves Modern Slavery
36
Your client is a defendant. He is concerned the prosecution will compel him to testify against himself. What do you say?
A defendant who pleads guilty is competent for the prosecution. However a defendant is never compellable.
A defendant who pleads not guilty is never competntent for the prosecution, and never compellable.
A defendant is competent as a defence witness but never compellable.
37
Your client asks you to define hearsay.
Hearsay is a **statement made out of court made to be believed**. Hearsay is inadmissible because it cannot be tested by cross-examination in court.
**It includes...**
* Witness repeating what they have been told by someone
* Witness statement read out in court
* A business document
**It does not include....**
* Private Diary
* Questions
* Statements to show the effect of words
* Legally Significant Words
* CCTV
* Flasehoods
If it is hearsay, it is only admissible through an exception/gateway.
38
You represent the defendant. The prosecution wish to adduce evidence on the basis that the witness was unavailable.
To suceed, what must they show for the hearsay to be admissible?
That their witness is...
* Dead
* Unfit to give evidence once in court
* Outside the UK and not reasonably practicable to secure their attendance
* Cannot be found.
* Does not give oral evidence through fear
It must be ‘first hand hearsay’
39
You represent the defendant. The prosecution wish to adduce evidence on the basis that it is contained within a business document
To suceed, what must they show for the hearsay to be admissible?
**That the statement was...**
* contained in a business document
* oral evidence would be admissible as evidence of the matter
* It was created or received in the course of their occupation
* The person who supplied information had personal knowledge of matters
**This may include....**
* Medical record
* Receipts
* Banking Ledgers
* Police Book
Note, if the document was **prepared for criminal proceedings** there are additional requirements…
* Witness is unavailable (s.116 above: dead etc.); or
* Witness could not be expected to remember the matters
40
Your client assaulted their spouse. The prosecution have been granted permission to adduce the 999 phone call she made. Your client has heard that it is 'hearsay' and wishes for you to explain why it is being adduced.
Statements made when a person is so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded.
That is why the 999 call iswill be admissible under this limb
41
Your client is charged with a summary only offence. What are the magistrates sentencing powers?
Maximum 6 months imprisonment.
May suspend sentences of a length between 14 days and 6 months, for an operational period of up to 2 years.
42
Your client is charged with an either-way offence. What are the magistrates sentencing powers?
Maximum 12 months imprisonment.
May suspend sentences of a length between 14 days and 12 months, for an operational period of 6 months - 2 years.
43
Your client is charged with an either-way offence. What are the crown courts sentencing powers should she be committed?
Unimited sentencing powers
May suspend sentences of a length between 14 days and **2 years** months, for an operational period of 6 months - 2 years.
44
Your client is charged with an indictable only. What are the crown courts sentencing powers should she be committed?
Unimited sentencing powers
May suspend sentences of a length between 14 days and **2 years** months, for an operational period of 6 months - 2 years.
45
Your client is charged with a summary only offence in the magistrates court. They ask whether they can recieve an indication of sentence.
No. Indications are not available for summary only offences.
46
Your client is charged with an either-way only offence in the magistrates court. They ask whether they can recieve an indication of sentence.
D can ask for an indication should the case remain in magistrates following a guilty plea.
Court does not have to give an indication. However, if they do, the indication should be limited to 'custodial or non custodial' and it is binding on the court if D does plead guilty.
47
Your client is charged with an offence and will be tried in the Crown Court. They ask whether they can recieve an indication of sentence.
Yes they may ask for an indication either before PTPH or at any stage before verdict
D must accept prosecution facts or a written basis plea must be agreed.
Note, the court does not have to give an indication. However, if they do, the indication should be limited to 'custodial or non custodial' and it is binding on the court if D does plead guilty.
48
Your client has been tried in the Magistrates court. A mistake was made. What is the best option to rectify the error?
You can make an application udner s.142 (slip rule) to vary a sentence or set aside a conviction on the basis of an error.
Note, whilst applications often reduce sentences, a sentence can exceptionally be increased. It is not a re-trial.
49
Your client has been tried and convicted in the Magistrates Court. How should they appeal?
They appeal to the Crown Court against either conviction or sentence within 15 Business Days of Sentence.
Note, this is a re-hearing. Your client has an automatic right to appeal and does not require leave. However, sentence might increase.
50
If a decision is wrong in law or the court exceeded their jurisdiction, how may you suggest your client appeal and what are the timeframes?
By way of case stated.
21 Calendar Days from the date of the decision
51
If your client is tried in the Crown Court and you believe there has been an error with sentence, how should you proceed?
You could appeal using the Crown Court Slip Rule to rectify the sentencing error.
Note, this is soley for sentencing and must be applied for within 56 days of passing sentence.
52
Your client has been convicted and sentenced in the Crown Court. How can they appeal?
You can lodge an application to the court of appeal with 28 days of conviction or sentence (depending on what you are appealing).
Note, here is a paper sift by a single judge. If leave is refused a party may renew application for leave orally before the panel within 10 business days of receipt of the single judge decision.
They CA must ensure the appellant is not more severely dealt with than they were below. However, they may make a loss of time order.
53
Your client is a minor. They ask you whether they are a persistent young offender. How would you respond?
They may be a PYO if...
* Between 10 - 17; and
* Have been convicted of, made subject to or admitted guilt to a relating to an imprisonable offence on 3 occassions in the previous 12 months.
54
You represent a youth. You are explaining to them when a referral order will be handed down. How?
A referral order **must** be imposed on any youth with no previous convictions if they plead guilty to an imprisonable offence unless the court is considering an...
* Absolute discharge
* Conditional discharge
* Mental Health Act order
Note, this is only available in the Magistrates Court and Youth Court. Not the Crown Cpurt.
55
Your client is appealing from the magistrates court to the crown court.
* In a letter, what three things should you say about the process?
* Complete the forms and serve these on the magistrates’ court officer and every other party within **15 days of sentence**;
* Within 80 days of making the appeal application, we will be notified of where and when a hearing will take place
* The Crown Court will make a decision on the appeal at the hearing where we present our case to the judge and magistrates
56
Explaiin to your client the PACE requirments for the review of **detention**.
Review to see if grounds for detention continue to exist by unconnected officer, at least an **inspector**.
Detention Review Clock starts at time of detention.
* **First Review:** Before 6 hours of detention
* **Periodical Reviews:** Every 9 hours.
57
Your client is concerned that the police failed to follow the detention time limits.
They ask you when the review clock starts if **arrested**.
If arrested, review clock starts at moment of **arrival** at the police station.
58
Your client is concerned that the police failed to follow the detention time limits.
They ask you when the review clock starts if **attending voluntarily** and later arrested.
If voluntarily attending station, review clock starts at the **time of arrest**.
59
You are advising your client on the police failing to follow the detention time limits.
To authorise an extension, what must the superintendent do?
* Explain the grounds to the suspect
* Note them in the custody record
* Allow the suspect or their solicitor an opportunity to make representations.
60
Your client is charged with a summary only offence
Can the police either extend the detnention limit by 12 hours, delay right to have someone informed or delay legal advice?
No.
For all of these, the offence must be indictable (either way or indictable only)
61
Your client is pleading guilty.
Explain the **basis** of the sentence if he denies part of the allegation.
For example, he pleads guilty to puching but not using a baseball bat.
The basis of D’s plea, setting out the facts he admits (punching) and denies (using baseball bat) should be put in **writing** and provided to the prosecution.
Whether the prosecution accepts or rejects the basis of plea, the court will have the **final say** on whether the basis of plea is accepted
If the court believes...
(a) Basis **makes** a material difference to sentence > Hold a Newton Hearing
(b) Basis **does not make** a material difference to sentence and is **not absurd** > Sentence on Ds basis
(c) Basis is **absurd** > Sentence is on the prosecution basis
62
D wishes to plead on a basis.
When will the court sentence on Ds basis **without** a Newton Hearing?
If Ds Basis is **Not Absurd**
*and*
**Won’t make a material difference** to the sentence:
=
Sentence on
Ds Basis
63
D wishes to plead on a basis.
When will the court require a Newton Hearing?
If Ds Basis is **Not Absurd**
*but*
**Will make a material difference** to the sentence:
=
Newton Hearing
Required
64
D wishes to plead on a basis.
When will the court sentence on the prosecution basis **without** a Newton Hearing?
If Ds Basis is **Absurd**
65
D pleads on a basis.
A Newton Hearing is held
When will D be sentenced on their basis?
Prosecution has **failed** to prove its facts beyond reasonable doubt
66
D pleads on a basis.
A Newton Hearing is held
When will D be sentenced on the **prosecution** basis?
Prosecution has proved its facts **beyond reasonable doubt**
67
Your client asks you to explain the procuedure for a Newton Hearing
A Newton Hearing follows the **same** procedure as a trial but will focus only on the disputed issues in the basis of plea, rather than the whole case:
1. Prosecution will adduce evidence.
2. Court hears the defence case.
3. Court will decide whether the prosecution have proved their case beyond reasonable doubt.
68
Your client is likely to be sentenced in the **Magistrates Court** if guilty.
He is on bail. He is likely to **plead guilty**.
When can he expect his first hearing to take place?
Within 14 days of Charge
69
Your client is likely to be sentenced in the **Crown Court** if guilty.
He is on bail. He is likely to **plead guilty**.
When can he expect his first hearing to take place?
Within 28 days of Charge
70
Your client is on bail. He is likely to **plead not guilty**.
When can he expect his first hearing to take place?
Within 28 days of Charge
71
Your client is **detained** in custody.
When can he expect his first hearing to take place?
Next Available Court
72
Your client is to have their trial at the **Magistrates Court**.
They ask you to explain the procedure for attemting to get bail after the first hearing
They want to use the **standard** procedure.
**Bail Attempt 1:** Immediately at the Magistrates Court First Hearing
**Bail Attempt 2:** Second appeal to Magistrates Court. Apply within 8 clear days.
**Bail Attempt 3:** Hearing at Crown Court
73
Your client is to have their trial at the **Magistrates Court**.
Bail was denied at the first hearing.
What is the next step for them to get bail?
Apply **within 8 clear days** for a second appeal attempt before the Magistrates Court.
74
Your client is to have their trial at the **Magistrates Court**.
Bail was denied at the first hearing and upon the second attempt.
What is the next step for them to get bail?
Appear before the Crown Court for a final bail application hearinf.
75
Your client is to have their trial at the **Magistrates Court**.
Bail was denied at the first hearing.
They want to get bail as soon as possible.
What advice can you give them, considering the urgency of bail?
D can bypass the second Magistrate Appeal by applying to proceed straight to the Crown Court.
It will be listed within 48 hours excluding weekends.
However, if refused, they do **not** get a third application attempt.
76
Your client is to have their trial at the **Crown Court**.
What are the stages for attempting to get bail?
**Bail Attempt 1:** Immediately at the Magistrates Court First Hearing
**Bail Attempt 2:** Further attempt at the Crown Court
77
What is the timelimit for appealing to the **crown court from the magistrates**?
**15 Business Days of Sentence**
Note...
* Time runs from sentence whether you are appealing sentnece of conviction
* There is an automatic right of appeal, no leave required.
78
What is the timelimit for appealing to the **High court from the magistrates by way of case stated**?
**21 Calendar Days** from the
date of the decision
79
What is the timelimit for appealing to the **Court of Appeal from the Crown Court?**
Within **28 days of conviction or sentence** depending on what is beign appealed.
Note, permission must be granted by a paper sift or renenwed application before a panel.
80
What is the timelimit for appealing to the **Crown Court?** on the basis of the slip rule?
Within 56 days of sentence being made
81
What court can issue a **Long Term Detention** for a youth?
**Only Crown Court**
Only available if found guilty of a grave crime and neither a community order nor DTO is suitable
82
Your client is a youth solely charged with burglary.
They will plead not guilty.
Duirng their first hearing at the youth court, what is considered?
The offence of burglary is Burglary is capable of being a grave crime because the court could impose a sentence of up to 14 years on an adult offender.
Therefore, the youth court must ask whether its powers of punishment would be adequate if Jamie were found guilty. The court must ask itself whether, for this particular offence, if convicted, Jamie has a real prospect of receiving a custodial sentence in **excess of 2 years.**
Yes? Commit to Crown Court?
No? Trial in Youth Court - The maximum detention and training order a youth court can give is 24 months
83
You are advising a youth.
Is **robbery** a 'grave crime'?
**Yes**
Robbery is a **Grave Crime** because the court could impose a sentence of up to 14 years on an adult offender.
Ask the 'Excess of 2 Year Question'
84
You are advising a youth.
Is **burglary** a 'grave crime'?
**Yes**
Burglary is a **Grave Crime** because the court could impose a sentence of up to 14 years on an adult offender.
Ask the 'Excess of 2 Year Question'
85
You are advising a youth.
Is **rape** a 'grave crime'?
**Yes**
Robbery is a **Grave Crime** because the court could impose a sentence of up to 14 years on an adult offender.
Ask the 'Excess of 2 Year Question'
86
Provide a breakdown of all the figures for a representation order for legal aid in relation to the **means test.**
**Initial Means Test (MC&CC)** > *Gross Household Annual Income:*
* £12,475 (Eligible)
* £12,475 - £22,325 (Full Means Test)
* £22,325 +
.... MC: Not Eligible
.... CC: Full Means Test
**Full Means Test (MC&CC)** > *Disposable Household Annual Income:*
* £3,398 (Eligible)
* £3,398 - £37,500
.... MC: Not Eligible
.... CC: Eligible With Income Contribution of up to 90% in installments.
* £37,500 +
.... MC: Not Eligible
.... CC: Not Eligible
If eligible, in *addition* to the income contribution, you will have to make a lump sum contribution to costs if you have **capital** greater than £30,000.
## Footnote
Passported if under 18 or in receipt of benefits.
87
When will an applicant pass the merits test for legal aid?
* **Crown Court** (either-way or indictable only) due to risk of loss of liberty and seriousness.
or
* Pass certain criteria such as risk of damage to reputation or serious question to be tried....
88
Provide a breakdown of all the figures for a representation order for legal aid in relation to the **means test.**
Only provide information on the **INITIAL MEANS TEST**
**Initial Means Test (MC&CC)** > *Gross Household Annual Income:*
* £12,475 (Eligible)
* £12,475 - £22,325 (Full Means Test)
* £22,325 +
.... MC: Not Eligible
.... CC: Full Means Test
89
Provide a breakdown of all the figures for a representation order for legal aid in relation to the **means test.**
Only provide information on the **FULL MEANS TEST**
**Full Means Test (MC&CC)** > *Disposable Household Annual Income:*
* £3,398 (Eligible)
* £3,398 - £37,500
.... MC: Not Eligible
.... CC: Eligible With Income Contribution of up to 90% in installments.
* £37,500 +
.... MC: Not Eligible
.... CC: Not Eligible
If eligible, in *addition* to the income contribution, you will have to make a lump sum contribution to costs if you have **capital** greater than £30,000.
90
What are the GROUNDS to extend detention, and how does this differ from the grounds of delaying rights (e.g. advice or informing a friend)?
* The offence is an indictable offence
* Detention is necessary to **secure or preserve evidence**
* Investigation is being conducted **diligently and expeditiously**
This differs from the delay grounds since they have more grounds....
* It would interfere with evidence
* It would alert other suspects
* It would hinder recovery of property
* It would lead to harm to others
Further, they do **not** have the diligent and expedient investigation limb.
