SQE2 Orals Day 2 (Crim Adv & Probate Int) Flashcards

Question

Criminal: Exclusion of confession application. Under which grounds should the confession sought to be excluded? That it is unreliable owing to things said or done to render it unreliable, that it is due to ___________, and demonstrate causation from these to the confession.

Answer 1

Oppression

Answer 2

The evidence was obtained

Answer 3

General exclusion of evidence. NOTE: *NOT* application to exclude visual evidence.

Answer 4

such an adverse effect on the fairness of proceedings that the court ought not to admit it under s78 PACE.

Answer 5

inadmissibility

Answer 6

Admissibility of hearsay evidence.

Answer 7

one of the exceptions apply

Answer 8

Agreement of the parties

Answer 9

The interest of justice

Answer 10

Within a business document.

Answer 11

Admissibility of Bad Character Evidence

Answer 12

Important explanatory

Answer 13

False impression given by the defendant

Answer 14

Attacks another's character.

Answer 15

To a matter in issue between the prosecution and defence

Answer 16

Real prospect of a custodial sentence.

Answer 17

One of the exceptions apply

Answer 18

Bail application.

Answer 19

Fail to surrender

Answer 20

Exceptions to the right to bail

Answer 21

Commit further offences

Answer 22

Interfere with witnesses

Answer 23

Seriousness of offence

Answer 24

Complying with bail conditions

Answer 25

Of the evidence

Answer 26

Suggest residence, reporting to a police station, exclusion from an area, non-contact, tag, curfew.

Answer 27

Proportionate to the seriousness of the offence

Answer 28

Plea in mitigation

Answer 29

Aggravating and mitigating factors

Answer 30

Guilty plea

Answer 31

Prove the defendant's guilt and prove that all the elements of the offence are made out.

Answer 32

Prove an element of the offence

Answer 33

No case to answer

Answer 34

Unreliable that no reasonable court

Answer 35

12 months for one or more either way offences. 6 months for one or more summary offences.

Answer 36

Identify the court's discretion to exclude under s78 PACE, Identify other evidence there is to support prosecution, and argue for / against the strength of ID evidence within ADVOKATE.

Answer 37

Identify the court's discretion to exclude evidence under s78 PACE, and identify breaches of ID procedure.

Answer 38

Taking into account reasonable objections to appearance of others in the ID procedure, keeping witnesses away from the suspect before and during the procedure, keeping witnesses apart during the procedure, warning that the suspect may not appear at all.

Answer 39

That it is unreliable owing to things said or done to render it unreliable, that it is due to oppression, and demonstrate causation from these to the confession.

Answer 40

The court has discretion to exclude evidence in having regard for all the circumstances, including the circumstance of how the evidence was obtained, and that the admission of the evidence would have such an adverse effect on the fairness of proceedings that the court ought not to admit it under s78 PACE.

Answer 41

There is an assumption of inadmissibility unless one of the exceptions apply: Under statute, by rule of law, by agreement of the parties, it's in the interest of justice, or for multiple hearsay if it is contained within a business document.

Answer 42

Not allowed UNLESS - all parties agree, it is adduced by the defendant, it is important explanatory evidence, it is relevant to a matter in issue between the prosecution and defence, it is an issue between co-defendants, it corrects a false impression given by the defendant, the defendant attacks another's character.

Answer 43

There is a general right to bail except where one of the exceptions apply AND there is a real prospect of a custodial sentence.

Answer 44

The exceptions to the right to bail are that - there are substantial grounds to fear the defendant would fail to surrender, would commit further offences on bail, interfere with witnesses, or otherwise obstruct justice.

Answer 45

Suggest residence, reporting to a police station, exclusion from an area, non-contact, tag, curfew. Conclude with why bail should / should not be granted.

Answer 46

That the sentence should be proportionate to the seriousness of the offence, the harm caused, the starting point and range of sentences available, aggravating and mitigating factors, whether the sentences should run concurrently, any guilty plea, and propose a sentence. [PS AM COGS]

Answer 47

The test for a not guilty verdict is that the prosecution have failed to prove an element of the offence, or because the evidence is so manifestly unreliable that no reasonable court could convict on it.

Answer 48

That there was an abnormality of mental functioning that arose from a recognised medical condition, and this provides an explanation for the killing.

Answer 49

Diminished Responsibility.

Answer 50

The defendant, on the balance of probabilities.

Answer 51

Killing resulted from loss of control, that there was a qualifying trigger (a fear of serious violence or things said and done of an extremely grave character), a hypothetical person of the same age and sex might have reacted in the same way, and that sexual infidelity is not a trigger.

Answer 52

Loss of control

Answer 53

Sexual infidelity

Answer 54

The prosecution must prove the defendant did not lose control, beyond reasonable doubt.

Answer 55

That the defendant cause the death of another human being unlawfully and with the intention to kill or cause GBH.

Answer 56

When a person intentionally or recklessly causes another to apprehend the immediate application of unlawful force

Answer 57

When a person intentionally or recklessly applies unlawful force on another. The contact must be unwanted.

Answer 58

Where a case relies substantially on ID evidence, the judge must give a Turnbull warning. This is a special warning that witnesses can be convincing whilst still being mistaken. That the jury should consider the circumstances of the investigation, and that they should consider any weakness in the evidence according to ADVOKATE

Answer 59

Turnbull warning

Answer 60

That despite being convincing, witnesses can be mistaken. That the jury should consider the circumstances of the identification, and that they should consider any weakness in the evidence according to ADVOKATE

Answer 61

That despite being an either-way offence the magistrates court may not decline jurisdiction, but the defendant can still elect to have a trial in the crown court.

Answer 62

an either-way

Answer 63

may not decline

Answer 64

trial in the crown court

Answer 65

An indication of sentence. The judge may decline to offer, but if they do they are bound.

Answer 66

Statement given when someone was so emotionally overpowered that there exists little chance of concoction or distortion.

Answer 67

That it's admission would have an adverse effect on the fairness of the proceedings. (Also mention the factor concerning how the evidence was obtained ie oppression / inducement during interview)

Answer 68

Not compellable, but is competent. However, CAN be compelled if the offence is against them or a child under 16.

Answer 69

Previous convictions, offence committed on bail, motivated by racial or religious hostility, motivated by victim's sexual orientation or disability.

Answer 70

racial or religious, sexual orientation

Answer 71

Whether the offence was premeditated, committed as part of a group, the victim was vulnerable, under the influence, position of trust, defendant was providing service to the public, use of a weapon.

Answer 72

premeditated

Answer 73

vulnerable

Answer 74

Offence was committed on impulse, the defendant acted out of fear, history of mental illness, played a relatively minor role in the crime, attempted to put things right, very young or very old.

Answer 75

on impulse

Answer 76

out of fear

Answer 77

put things right

Answer 78

young or very old

Answer 79

That the sentence must not be disproportionate to the overall seriousness of the offending behaviour.

Answer 80

The defendant's good character, work and home situation, remorse, rehabilitation and efforts to address the offending.

Answer 81

That the offence is so serious that neither a fine nor community service can be justified.

Answer 82

A trial over the disputed facts eg: I killed him but it was an accident owing to me setting fire to his home (rather than murder).

Answer 83

wrong in law

Answer 84

Only that the conviction is unsafe.

Answer 85

That evidence was admitted or excluded, a direction was wrongly given or omitted, the judge exhibited OBVIOUS bias, errors in summing up, or problems relating to the jury.

Answer 86

admitted or excluded

Answer 87

given or omitted

Answer 88

summing up

Answer 89

That the sentence was wrong in law, wrong in principle or manifestly excessive.

Answer 90

law, principle

Answer 91

manifestly excessive

Answer 92

The youth court can decide whether to retain the case or send to magistrates. In either case they will have the full range of adult sentencing powers.

Answer 93

Serious ones: Murder, attempted murder, manslaughter, violent or sexual crimes and firearm offences.

Answer 94

Offence punishable by 14 or more years imprisonment, and so the youth court may send it to the crown court.

Answer 95

Probation service, up to 240 hours in 12 months. Make restitution to victim, obey curfew etc

Answer 96

Youth sentence requiring the youth to spend the first half the sentence in custody.

Answer 97

For defendants ages 15-17, OR persistent offenders aged 12-14.

Answer 98

Intention to make a will, this specific will, the extent of property, normal gifts given to, sufficient capacity.

Answer 99

Force, Fear, Fraud, Undue influence

Answer 100

Undue Influence

Answer 101

In writing, signed by testator in presence of witnesses, signed by witnesses in presence of testator

Answer 102

The divorce means the will is still valid but will be treated as if the spouse had died.

Answer 103

Yes, but there is a constructive trust in favour of any beneficiary of the estate harmed by the change.

Answer 104

A failure of a gift due to it no longer being in the testator's estate upon death.

Answer 105

A lapse is where a beneficiary dies before the testator.

Answer 106

A gift but not specified such as 'A BMW car', rather than 'my BMW car'

Answer 107

Then the residue passes through the rules of intestacy. Note: This would be via letters of admin with will annexed

Answer 108

It remains valid but the gift to the witness fails.

Answer 109

When the first of the class has their interested vested. When a class closes no further people are added, but those in the class still benefit.

Answer 110

Everything.

Answer 111

All chattels, £322k (if they had that much), plus half the estate (the issue inherit the other half)

Answer 112

Children, their children and so on, parents, siblings,

Answer 113

Parents, siblings, half brothers / sisters, grandparents, aunts / uncles, the crown.

Answer 114

Any jointly held property / bank accounts, life insurance, trust funds.

Answer 115

Administrators

Answer 116

Executors handle wills, Administrators handle Intestacies.

Answer 117

Renounce grant of probate must be filed at the probate registry.

Answer 118

Power reserved.

Answer 119

Chancery division of the High Court

Answer 120

Obtaining £5k from national savings bank, or selling chattels.

Answer 121

When there is a valid will but no living executors.

Answer 122

Trustee of residuary, then any other beneficiaries. Note: Grant of letters with will annexed is where there are no surviving executors that were named in the will.

Answer 123

Where there is no will.

Answer 124

Spouse, children, parents, siblings, grandparents.

Answer 125

Potential PR request bank releases funds to HMRC, or apply for a loan (by showing death certificate).

Answer 126

Two copies of the will, the death certificate, Tax form showing IHT paid / not paid, court fee.

Answer 127

Two copies of the will

Answer 128

The death certificate

Answer 129

Tax form showing IHT paid / not paid

Answer 130

When there is no attestation clause is not contained within a will.

Answer 131

Lodge a caveat at the probate registry, which puts administration on hold for 6 months. It may need the court to make an order.

Answer 132

Apply to the probate registry for a citation to accept or refuse a grant.

Answer 133

6 months, 12 months

Answer 134

The beneficiaries

Answer 135

That they used reasonable, care and skill, taking into account any specialist knowledge.

Answer 136

They are not liable unless they were negligent in preventing another's breach.

Answer 137

Appoint a trustee to do so.

Answer 138

They are liable for breaches by the agent only if the PR failed to use reasonable care in appointing the agent.

Answer 139

They can't unless a will says they can.

Answer 140

That it is for their maintenance, education or benefit.

Answer 141

London Gazette, Local paper, trade paper

Answer 142

Paying the amount to the court, indemnity from beneficiaries, purchase insurance, or a Benjamin order

Answer 143

Paying the amount to the court

Answer 144

Indemnity from beneficiaries

Answer 145

Purchase insurance

Answer 146

A Benjamin order

Answer 147

Secured debts, then unsecured debts:- funeral costs, preferred debts eg wages for prior 4 months (£800 max), ordinary debts ie HMRC, Interest, deferred debts (from deceased spouse.

Answer 148

Preferred debts eg wages for prior 4 months (max £800) & HMRC

Answer 149

No, it's an all or nothing variation.

Answer 150

Via an assent in writing, and beneficiaries need to register at HMLR

Answer 151

That they acted honestly, reasonably and ought fairly to be excused.

Answer 152

Spouse, former spouse not remarried, child (or person treated as a child of the family), person being maintained by the deceased, person living with the deceased for the last two years.

Answer 153

What is reasonable in all the circumstances.

Answer 154

Such as is required for maintenance so they can live decently and comfortably according to their situation.

Answer 155

The donor must sign a stock transfer form which must then be registered with the company.

Answer 156

Must have completed the transfer but not yet registered the transfer with HMLR / Company (for shares)

Answer 157

The transfer is complete in law and the trust is enforceable (This is the rule in Strong v Bird).

Answer 158

Must be aware of imminent death, it be conditional upon death, and dies.

Answer 159

Half secret is "for the purposes I have conveyed to him" whereas a fully secret trust looks like a gift to the trustee.

Answer 160

Loco parentis

Answer 161

That it belongs entirely to one person, unless the other party can establish that the intention was for them to hold it on trust for them both.

Answer 162

That they hold as joint tenants, and the beneficial interest is also as joint tenants.

Answer 163

It will be deemed conclusive as to the intentions, in the absence of proof, fraud or mistake.

Answer 164

The entire course of conduct between the parties. Particularly whether there are children of the relationship needing to be homed, the way in which the parties arranged their finances (particularly joint or separate bank account), and the way they paid bills and outgoings in relation to the property.

Answer 165

Children of the relationship

Answer 166

Arranged their finances (particularly joint or separate bank account

Answer 167

Bills and outgoings in relation to the property.

Answer 168

A claim demonstrating the other party gave an assurance which they relied on to their detriment.

Answer 169

Gave an assurance

Answer 170

The claimant must show that there were actual discussions between the parties which led to this belief.

Answer 171

Need to look for evidence of general charitable intention, to be able to give it 'Cy-pres' to another charity.

Answer 172

Between 2 and 4.

Answer 173

For their maintenance, benefit or education.

Answer 174

In a current account the 'first in, first out' principle applies, whereas in savings the court will divide the money proportionately.

Answer 175

1. Remind the court prosecution must prove beyond reasonable doubt it's not unreliable

Answer 176

2. Remind the court if they cannot, then the confession MUST be excluded under S76 PACE

Answer 177

3. Remind court it's a matter in issue between prosecution and defence and so is admissible,

Answer 178

4. Should be excluded due to 'things said or done' or oppression,

Answer 179

5. Demonstrate things said or done or oppression are the cause of the confession.

Answer 180

The court can has discretion to exclude evidence in having regard for all the circumstances, including the circumstance of how the evidence was obtained, and that the admission of the evidence would have such an adverse effect on the fairness of proceedings that the court ought not to admit it under s78 PACE.

Answer 181

all the circumstances

Answer 182

1. Identify single or multiple hearsay 2. If single, is it admitted via statute, rule of law, agreement of parties or interests of justice 3. If multiple, is it admitted via business document, inconsistent statement, by agreement, or because the value is so high it's in the interests of justice 4. Apply the test from the relevant exception.

Answer 183

1. Identify single or multiple hearsay

Answer 184

2. If single, is it admitted via statute, rule of law, agreement of parties or interests of justice

Answer 185

3. If multiple, is it admitted via business document, inconsistent statement, by agreement, or because the value is so high it's in the interests of justice

Answer 186

4. Apply the test from the relevant exception.

Answer 187

1. Is it evidence of misconduct, commission of offences, or other reprehensible behaviour OUTSIDE the facts of the case? If yes it is inadmissible unless... 2. Choose appropriate of 7 gateways, 3. If chosen 'important matter in issue between...' or 'the defendant attacked another's character' AND it appears to the court that admitting the evidence would have such an adverse affect on the fairness of proceedings that they ought not to include, then they MUST not.

Answer 188

commission of

Answer 189

appropriate of 7 gateways,

Answer 190

'important matter in issue between...' 'the defendant attacked another's character'

Answer 191

admitting the evidence would have such an adverse affect on the fairness of proceedings that they ought not to include, then they MUST not.

Answer 192

1. Remind the court of the Defendant's right to bail EXCEPT if one of the exceptions to the right to bail applies, AND there is a real prospect of a custodial sentence. 2. Consider whether any exceptions apply (Failure to surrender, commit further, interfere witnesses, otherwise obstruct justice). 3. Review factors (nature & seriousness, character, record of compliance, strength of evidence) 4. Consider mitigation - offer suggestions (residence, reporting, exclusion, non-contact, tag, curfew) 5. Conclude why bail should / should not be granted.

Answer 193

That there is a right to bail EXCEPT for if one of the exceptions to the right to bail applies, AND there is a real prospect of a custodial sentence.

Answer 194

of the Defendant's right to bail EXCEPT if one of the exceptions to the right to bail applies, AND there is a real prospect of a custodial sentence.

Answer 195

any exceptions apply (Failure to surrender, commit further, interfere witnesses, otherwise obstruct justice).

Answer 196

(nature & seriousness, character, record of compliance, strength of evidence)

Answer 197

offer suggestions (residence, reporting, exclusion, non-contact, tag, curfew)

Answer 198

why bail should / should not be granted.

Answer 199

REF MC Right to bail, Exceptions, Factors, Mitigation, Conclude Think - the referee (REF) decides about bail.

Answer 200

Right to bail (remind the court of the general right to bail)

Answer 201

Exceptions to the right to bail (if any) (Failure to surrender, commit further, interfere witnesses, otherwise obstruct justice)

Answer 202

Factors considered Nature & seriousness, character, record of compliance, strength of evidence

Answer 203

Mitigation - what can be offered residence, reporting, exclusion, non-contact, tag, curfew

Answer 204

Conclude (as to why bail should / shouldn't be granted

Answer 205

1. Remind court that sentence must be proportionate to the seriousness, culpability, harm caused. 2. Starting point for sentence, range of sentencing 3. Aggravating and mitigating factors relating to the OFFENCE 4. If multiple - why concurrent? 5. Mitigating factors relating to OFFENDER 6. Remind court of credit for guilty plea 7. Propose a sentence

Answer 206

sentence must be proportionate to the seriousness, culpability, harm caused.

Answer 207

point for sentence, range of sentencing

Answer 208

Aggravating and mitigating factors relating to the OFFENCE

Answer 209

why concurrent?

Answer 210

Mitigating factors

Answer 211

credit for guilty plea

Answer 212

Propose a sentence

Answer 213

That the Magistrate's Sentencing powers are adequate and sufficient, and should therefore accept jurisdiction.

Answer 214

General legacy eg a BMW car Specific legacy eg MY BMW car / a golden ring Pecuniary legacy - an amount of money Plus, these can be Demonstrative - eg £1000 from my HSBC bank

Answer 215

An item - doesn't have to be in the testator estate - eg: a BMW car.

Answer 216

A specified item - *MY* BMW car / golden wedding ring.

Answer 217

A gift for a certain amount of money.

Answer 218

Most common in intestacy cases. Where the last surviving or sole executor or administrator dies before being able to complete administration of the estate. This person must have also not had a will. Otherwise this person's PR would take over automatically. It means a second grant of letters would need to be made so that the estate can be administered. Order of entitlement - Surviving spouse, children, parents, siblings and grandparents.

Answer 219

Because normally the PR's PR would take over.

Answer 220

At 40%, except to spouse, jointly owned things, less £325k personal allowance, £175k residence relief, most wedding gifts, any gifts of £250 or less, less a £3000 annual exemption.

Answer 221

Don't need to count it in the calculation as it is usually paid at the time - lifetime gifts.

Answer 222

7 year duration. First 3 years at 100%, 20% less counts each year. After 3 years 80% After 4 years 60% After 5 years 40% After 6 years 20% After 7 years 0%

Answer 223

£24,000. The 'full' amount would be £40,000 (£100,000 x 40%) We use the £40,000 from the above and x60% (because it's 4 years) 60% of £40,000 is £24,000

Answer 224

£20,000. The 'full amount would be £100,000 (£250,000 x 40%) We use the £100,000 from the above and x20% (because it's after 6 years) 20% of £100,000 is £20,000

Answer 225

100% relief applied if the donor transfers a sole trade business or partnership interest, 50% if it's shares in a quoted trading company if they hold more than 50% of the company's voting shares. The relief is only available if the business is trading, and NOT if merely investing. Note: Donor must have owned the business property for at least 2 years.

Answer 226

100% exemption when transferring agricultural property during life or at death. Must have been held for at least 2 years. If the beneficiary is a tenant of the donor, then at least 7 years.

Answer 227

If over 10% of their estate goes to charity then IHT reduces from 40% to 36%.

Answer 228

For estates over £2M, the residence NRB is tapered away at the rate of £1 for every £2 over.

Answer 229

It's where an item has already been subject to IHT in the past 5 years. It tapers from 100% payable 5 years ago, to 0% payable within the last year. Works on 20% decrease each year.

Answer 230

6 months from the end of the month in which the person died.

Answer 231

It will fall into the residuary. Note: It will not pass on to the brother's children.

Answer 232

In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely on, if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. S78 PACE

Answer 233

That serious injury was a virtual certainty of the Defendant’s actions (objective test), and that the Defendant appreciated that there was (subjective test).

Answer 234

The estate is held on trust for the child, contingent upon them attaining the age of 18. However, if the child predeceases the testator before contingency is fulfilled the testator's estate passes to his sibling.

Answer 235

Ordinarily the estate would go to the child on trust, but if the child predeceases the testator before contingency is fulfilled the testator's estate passes to his sibling.

Answer 236

The estate is divided 'per stipes' between their cousins (and the children of any cousins that pre-deceased them). The step-daughter receives nothing.

Answer 237

It is a partial defence that can reduce murder down to Manslaughter if proven.

Answer 238

It is a partial defence that will reduce the charge from murder to voluntary manslaughter if proved.

Answer 239

Must be an assault or battery (usual definitions) Occasioning (factual / legal causation) Actual Bodily harm (can be bruise / cut / psychiatric)

Answer 240

Consent Self Defence Defence of another Prevention of crime Mistake

Answer 241

21 days (but note, 15 working days)

Answer 242

Suggest residence, reporting to a police station, exclusion from an area, non-contact, tag, curfew. PRANT-C

Answer 243

Residence PRANT-C

Answer 244

to a police station PRANT-C

Answer 245

from an area PRANT-C

Answer 246

an individual PRANT-C

Answer 247

Tag PRANT-C

Answer 248

Curfew PRANT-C

Answer 249

That it is inadmissible unless one of the exceptions apply.

Answer 250

That it is inadmissible unless one of the exceptions apply.

Answer 251

None. They may not have seen any.

Answer 252

Nature of application Which party represented Brief summary State powers court has Legal test - limb by limb Summary Request order

Answer 253

Judge, I am A Solicitor and I act on behalf of [client] in this application for [order]. You should have before you the following documents [list them] If it please the court I will give a brief outline as to background of the case.

Answer 254

Names Addresses - properties involved Email addresses Telephone numbers

Answer 255

D - Death certificate C - Claims / claimants F - Family Tree A - Assets W - Will (is there one)

Answer 256

Death certificate

Answer 257

Claims / claimants

Answer 258

Family Tree

Answer 259

Will (is there one)

Answer 260

Death certificate Copy of the will Details of any assets

Answer 261

Circumstances of the death.

Answer 262

Whether there was any hint of lack of capacity.

Answer 263

Any spouse Anyone they lived with Any pre deceased spouse? Children

Answer 264

Contents Who was left what to who? Was it a valid will?

Answer 265

The extent of the estate How did the deceased own it (jointly or some other way?) Value Existence of any paperwork

Answer 266

Any potential claimants Whether deceased was maintaining anyone Anybody not provided for? Anybody they lived with

Answer 267

Any jointly held assets - property, bank accounts Trust assets (dealt with separately according to trust rules) Life insurance policies Death in service policies Note: Joint assets do NOT escape IHT though unless jointly owned and pass to a spouse.

Answer 268

Where the validity of the will is called into question, rather than someone isn't happy with it.

Answer 269

Inheritance (Provision for family and dependents) Act 1975.

Answer 270

1. Create probate value as total 2. Reduce by any debt & funeral costs 3. Apply exemptions eg spouse, charity 4. Any other reliefs available? 5. NRB of deceased spouse 6. Gifts within last 7 years 7. Tax remainder.

Answer 271

probate value as total

Answer 272

by any debt & funeral costs

Answer 273

exemptions eg spouse, charity

Answer 274

other reliefs available?

Answer 275

of deceased spouse

Answer 276

within last 7 years

Answer 277

Tax remainder at 40%

Answer 278

When it's not being inherited by a close family member.

Answer 279

CLT is paid at the time of the transfer PET - potentially exempt transfer will depend.

Answer 280

6 months from the end of the month deceased.

Answer 281

The residuary as default, unless stated otherwise.

Answer 282

The person who receives the property.

Answer 283

Seek retrospective planning permission.

Answer 284

Ascertain whether they would still go ahead with the purchase Advise that they themselves would be liable Ask if they could do without a particular purpose the permission was needed for Would they pull down the part that planning permission was not obtained for? They could ask for a reduction in price.

Answer 285

They will withdraw the case from the jury and enter an acquittal.

Answer 286

Mistaken witness can be convincing Even several witnesses can be mistaken Jury should consider circumstances of the identification The weaknesses of the witnesses identification

Answer 287

can be convincing

Answer 288

several witnesses

Answer 289

circumstances of the identification

Answer 290

witnesses identification

Answer 291

Putting forward new facts at trial not mentioned when charged Failure to give evidence at trial Failure to account for object, substance or mark found on D’s person clothing or footwear upon arrest. Failure to account for presence at crime scene

Answer 292

not mentioned when charged

Answer 293

object, substance or mark found on D’s person

Answer 294

presence at crime scene

Answer 295

Statute (witness unavailable / dead / is confession Rule of Law (Res Gestae, multiple hearsay) Agreement Interest of justice (importance / other evidence available / difficulty in challenging statement / reliability)

Answer 296

witness unavailable / dead / is confession/

Answer 297

Res Gestae, multiple hearsay

Answer 298

importance / other evidence available / difficulty in challenging statement / reliability

Answer 299

Any evidence that is in part adverse to the person who made it.

Answer 300

In Crown the viability of any such evidence will be consider in private without the jury present as decision makers. In Mags they must 'put it from their minds'.

Answer 301

The court has discretion to exclude any evidence offered by the prosecution if it appears, considering all the circumstances, that to admit it (the confession) would have an adverse effect on the fairness of proceedings [PACE s78]

Answer 302

A confession.

Answer 303

Where the police have breached duties under PACE such as illegal searches or improper ID procedures.

Answer 304

Significant and substantial, and have rendered the evidence unreliable.

Answer 305

Propensity and Credibility

Answer 306

That the D shows a lack of disposition towards misconduct, commission of offences, or other reprehensible behaviour.

Answer 307

Lack of criminal record Extensive voluntary work Public service

Answer 308

criminal record

Answer 309

voluntary work

Answer 310

Public service

Answer 311

An assertion that this is a person of good character who is likely to commit this offence.

Answer 312

That someone is more likely to be credible when asserting their innocence.

Answer 313

After the prosecution have set out their case, witnesses, and cross examination of prosecution witnesses. In short, when it's the Defence's first control of proceedings.

Answer 314

Cross examination only.

Answer 315

In Crown Prosecution then Defence, then the judge sums up. In Mags only the Defence make a closing speech.

Answer 316

Neither compellable or competent for prosecution Competent but not compellable for Defence Note: a failure to give evidence could give rise to adverse inference

Answer 317

Competent but not compellable for prosecution Competent and compellable for the defence

Answer 318

Neither competent nor compellable for prosecution Competent but not compellable for defence.

Answer 319

Screens Evidence via video link Wigs and gowns removed Pre-recorded testimony / in private

Answer 320

Yes, if it would be in the interests of justice.

Answer 321

Offence Offender

Answer 322

Relevant previous convictions Committed whilst D out on bail Motivated by racial or religious hostility Motivated by sexual orientation, trans identity or disability

Answer 323

Premeditation Committed in a group Vulnerable victim Under influence Offence involves a position of trust Offence against someone providing a service to the public Use of a weapon

Answer 324

Committed on impulse D acted out of fear D has disability of mental illness D played minor role in the crime D attempted to make reparation with victim D is very young or very old

Answer 325

trans identity or disability

Answer 326

previous convictions

Answer 327

D out on bail

Answer 328

racial or religious hostility

Answer 329

Premeditation

Answer 330

in a group

Answer 331

Vulnerable

Answer 332

position of trust

Answer 333

service to the public

Answer 334

Use of a weapon

Answer 335

on impulse

Answer 336

out of fear

Answer 337

mental illness

Answer 338

minor role in the crime

Answer 339

make reparation with victim

Answer 340

young or very old

Answer 341

That the sentence must not be disproportionate to the overall seriousness of the offending behaviour.

Answer 342

Give an outline of facts of case.

Answer 343

To offer a plea in mitigation

Answer 344

D's age D's health Good character Work and home situation Progress since offence committed Remorse

Answer 345

Work and home

Answer 346

That a custodial sentence should not be imposed unless the offence is so serious that neither a fine nor a community order is justified.

Answer 347

A suspended sentence.

Answer 348

Unpaid work Rehabilitation Programmes eg Anger management Curfew Exclusion from area Residence Mental health treatment Drug programme.

Answer 349

D retains credit for guilty plea.

Answer 350

D loses credit for guilty plea.

Answer 351

Conviction or sentence

Answer 352

The Crown only, not the Magistrates.

Answer 353

15 business days / 21 days

Answer 354

That the decision is wrong in law, or in excess of jurisdiction Typically that the law was misunderstood or misapplied, that there was a mistake of admissibility of evidence, or heard a case outside of jurisdiction.

Answer 355

Ask for leave to appeal within 28 days.

Answer 356

That the conviction was unsafe

Answer 357

Evidence wrongly admitted / excluded Direction wrongly given / omitted Conduct of trial judge demonstrated OBVIOUS bias Wrongful exercise of discretion Errors in summing up Problems relating to the jury

Answer 358

admitted / excluded

Answer 359

given / omitted

Answer 360

OBVIOUS bias

Answer 361

of discretion

Answer 362

summing up

Answer 363

Quashed conviction Order acquittal or retrial Find guilty of some offences but not others Find guilty of alternative offences

Answer 364

acquittal or retrial

Answer 365

of some offences but not others

Answer 366

Find guilty of

Answer 367

Wrong in law Wrong in principle Manifestly excessive

Answer 368

Manifestly

Answer 369

Crown's sentence is quashed, and replaced with ANY sentence the CoA feels appropriate Cannot increase sentence imposed by Crown Any new sentence deemed imposed at original start date Attorney General can refer a case if felt that sentence was too lenient.

Answer 370

ANY sentence the CoA feels appropriate

Answer 371

increase sentence

Answer 372

original start date

Answer 373

felt that sentence was too lenient.

Answer 374

CoA or Supreme court must grant leave Must be on a point of law Must be of wider public interest

Answer 375

grant leave

Answer 376

point of law

Answer 377

wider public interest

Answer 378

Any decision by a jury. They can however appeal on rulings made by the judge during the trial.

Answer 379

Youth court may elect to retain the case OR remit to Mags. In either event the full range of adult sentencing becomes available upon conviction.

Answer 380

One punishable by 14 years imprisonment or more.

Answer 381

Send to Crown.

Answer 382

Prevent reoffended / rehabilitation, as opposed to punishment.

Answer 383

Whichever the adult is at.

Answer 384

The lowest sentencing rung of youth court. A youth offender is sent to the Youth Offender panel who meet youth and family and agree a contract of conduct for 3-12 months.

Answer 385

3-12 months.

Answer 386

Upon guilty plea to FIRST imprisonable offence, and a prison sentence is not on the cards.

Answer 387

If D pleads guilty to some but not all offences, OR, they've previously had a referral order.

Answer 388

Where the D pleads not guilty, but then goes on to be convicted.

Answer 389

Referral order (lowest) Youth rehabilitation order Detention and training order (highest)

Answer 390

Similar to community service:- Unpaid work up to 240 hours in 12 months. Make restitution to victim Obey a curfew etc

Answer 391

10-11, not available 12-14, only if persistent offender (3+ imprisonable offences) 15-17, can be used whenever a court determined that only a custodial sentence is justified

Answer 392

not available

Answer 393

persistent offender (3+ imprisonable offences)

Answer 394

only a custodial sentence is justified

Answer 395

First half in custody, second half reporting to youth offending team (community service etc)

Answer 396

Up to 2 years. Often expressed as a matter of months eg 6,8,12,18

Answer 397

There is no set limit but if after a significant period the marriage has not occurred it may be argued that the will was no longer made in contemplation of such marriage.

Answer 398

The court can set a new lease, to a maximum term of 15 years.

Answer 399

That the person has mental capacity to make A will, but also THIS particular will. Must have an awareness of what sorts of things are given in a will, and also some understanding of their estate.

Answer 400

A will must be in writing, signed by the testator (or someone in their presence and at their direction), and acknowledged or signed in the presence of two or more witnesses. These witnesses must also sign the will in the testator's presence.

Answer 401

No, only in the presence of the testator.

Answer 402

Yes, but they can have someone do it for them under their direction.

Answer 403

It is presumed. Any challenge to this needs to be shown by the person making the challenge.

Answer 404

Use the attestation clause to detail how the will was formed, read and understood by the testator.

Answer 405

It's not mandatory but very helpful.

Answer 406

The solicitor should refuse, unless the testator took independent legal advice.

Answer 407

Force Fear Fraud Undue influence

Answer 408

More than mere persuasion overpowered the testators volition.

Answer 409

It will be dealt with via the intestacy rules.

Answer 410

It can be, but best to check the attestation clause.

Answer 411

Traditionally it is, but it's not essential.

Answer 412

Only if directed to do so.

Answer 413

Signed by the testator in our presence and then by us in his / hers.

Answer 414

Evidence must be offered as to how the will came to be executed.

Answer 415

Only if it exists at the time of the date of the will.

Answer 416

By using the same witnessing requirements as before. Or, can be via a codicil, which is a separate document referring to a will.

Answer 417

Any time before death.

Answer 418

It is revoked entirely, unless written in anticipation of the marriage to a named individual.

Answer 419

The former spouse is treated as if died, but the rest of the will remains as written.

Answer 420

No, it can be under their instruction, in their presence.

Answer 421

Nothing. For revocation to be effective the testator must additionally intend to destroy the will.

Answer 422

Yes, unless evidence can be shown to the contrary.

Answer 423

It *might* be given effect.

Answer 424

Yes, but a constructive trust will arise in favour of any beneficiaries harmed by the change.

Answer 425

Immediately on death. This is important because it refers to the financial situation of the testator at that precise point.

Answer 426

A BMW car will need to be purchased (if funds suffice)

Answer 427

Everything in the jewellery collection at the precise time of death.

Answer 428

No, that means the car at the time of making the will. This is an exception to the general rule that property is considered at the precise time of death.

Answer 429

The gift fails because the item is no longer available

Answer 430

All of them, depending on the wording, because it is at the time of death.

Answer 431

Those will adeem as they are no longer the specific gift intended.

Answer 432

A gift of cash

Answer 433

Where the will states where the money comes from eg: the cash in my HSBC account.

Answer 434

specific, general and pecuniary gifts are distributed Admin costs and any debts are settled.

Answer 435

It will lapse.

Answer 436

Lapse is where the beneficiary died before the gift was given. Adeem is where the gift in the will is no longer in the testator's estate.

Answer 437

Placing a name in the will to take an item / residuary if the first choice fails to survive the testator.

Answer 438

It will fall into the residuary.

Answer 439

It passes through the laws of intestacy. However, this will mean a grant of letters with will annexed, because a will existed, rather than a grant of letters.

Answer 440

Where if two people die at the same time, the younger is deemed to have survived the elder.

Answer 441

They will automatically pass on to the next generation (in equal shares if more than one) if they pre-decease the testator.

Answer 442

The moment any member of the class satisfies the condition. The interests VESTS and is no longer contingent.

Answer 443

They will share the gift equally, contingent upon them reaching that age.

Answer 444

Where there's no will Where a residuary is missing, or fails

Answer 445

That under intestacy they must survive the deceased by 28 days in order to benefit. It is to save the PR having to administer the estate twice.

Answer 446

The next in line of the first to die, rather than the next in line of the spouse.

Answer 447

Spouse takes all tangible moveable property (chattels) £322k Half the remaining property Children split the rest, contingent upon reaching 18. If child pre-deceases then own children can substitute Surviving spouse can require the matrimonial home transferred to them in satisfaction of their share.

Answer 448

tangible moveable property (chattels)

Answer 449

Half the remaining property

Answer 450

split the rest (ie the other half)

Answer 451

own children can substitute

Answer 452

the matrimonial home transferred to them in satisfaction of their share.

Answer 453

Children Parents Full siblings Half siblings Grandparents Uncles / Aunts The crown

Answer 454

Adopted children are, step children are not.

Answer 455

Half siblings

Answer 456

Grandparents

Answer 457

Survivorship still applies, meaning that any joint property will still go to the other joint tenant.

Answer 458

They pass outside of the will or intestacy, and go to the person named in the policy.

Answer 459

Separately. The beneficiary will be named in the policy.

Answer 460

Completely separately, and to a named person in the trust document.

Answer 461

The appointment will be ineffective because they will be treated as if they had died (as far as the will is concerned).

Answer 462

Any dealing with property Paying debts Continuing the deceased's business Anything that could alter the value of the estate

Answer 463

Have 'power reserved'

Answer 464

Notifying the probate registry.

Answer 465

No, it's an all or nothing position.

Answer 466

Where there is a dispute as to whether the will is valid. NOT that someone is making a claim against a valid will.

Answer 467

From national savings, premium bongs or building society, but this is at their discretion.

Answer 468

A death certificate

Answer 469

Probate registry.

Answer 470

Executor - if there's a will Administrator - if there's no will

Answer 471

The executor(s)

Answer 472

Then someone will need to apply for a grant of letters of administration with will annexed.

Answer 473

When there are no surviving executors

Answer 474

Grant of letters with will annexed.

Answer 475

It will be via letters of administration with will annexed. The parts of the will which remain valid will be distributed in accordance with the will, and any remaining parts will be dealt with according to the rules of intestacy.

Answer 476

1. The beneficiaries of the residuary estate 2. Creditors of the deceased 3. The beneficiary of any other legacy

Answer 477

beneficiaries of the residuary estate

Answer 478

of any other legacy

Answer 479

Prescription is relevant as to a right over the property and can be gained after 20 years with no challenge, secrecy or permission. Adverse possession is to do with the ownership of the land, requiring 12 years (unregistered) or 10 years (registered).

Answer 480

A grant de bonis non (second grant of letters) will be made using the preferential list (beneficiaries, creditors, legacy beneficiary)

Answer 481

Then that executor will take over, in a chain representation situation.

Answer 482

Only if they're one of several PR's. Their parents serve, with power reserved until the minor is 18.

Answer 483

Inheritance tax.

Answer 484

They can request funds are released from a deceaseds bank account to go directly to HMRC. This would count as inter-meddling.

Answer 485

They can request a release of the deceased's bank funds.

Answer 486

Loans from beneficiaries Sell estate assets by providing death certificate.

Answer 487

Copy of will (x2) Any codicils Affidavits / statement of truth Court fee.

Answer 488

Copy of will

Answer 489

Affidavits

Answer 490

Application form Will Any codicils Proof of identity

Answer 491

Application

Answer 492

Affidavit of execution or statement of truth, from a witness, OR, someone else present (as a backup).

Answer 493

An affidavit or statement of truth.

Answer 494

Lodge a caveat at the probate registry.

Answer 495

It puts it on hold for up to 6 months. If unresolved in that time then a court application becomes necessary.

Answer 496

Ask the probate registry to issue a citation to accept or refuse a grant.

Answer 497

12 months.

Answer 498

The difficulty in selling land that is co-owned is taken in to account when being sold (discounted) unless the co-owner was the spouse.

Answer 499

By a notional half share.

Answer 500

They must exercise reasonable care and skill, taking into account any specialist knowledge they have.

Answer 501

The beneficiaries.

Answer 502

They're not, unless they were negligent in preventing the breach.

Answer 503

Take investment advice.

Answer 504

Yes, if the beneficiary consents.

Answer 505

They can indemnify themselves for expenses they properly incur.

Answer 506

Only if provided for in the will, otherwise no.

Answer 507

Those suitable for the trust, and diversified.

Answer 508

They can be found liable.

Answer 509

Their maintenance, education or benefit, at the trustee's decision.

Answer 510

The interest at that point is added to the capital.

Answer 511

It can be paid to them until they reach the contingent age.

Answer 512

funeral & admin expenses

Answer 513

Reasonable funeral & admin expenses Preferred debts Ordinary debts Interest Deferred debts

Answer 514

funeral & admin expenses

Answer 515

Preferred - wages of deceased's employees in 4 months prior to death (max £800); HMRC.

Answer 516

Ordinary (unsecured creditors)

Answer 517

Interest (on debts)

Answer 518

Deferred debts - loans from the deceased's spouse

Answer 519

Wages of the deceased's employees in the 4 months prior to their death & HMRC

Answer 520

Unsecured debts, other than preferred debts (for employees)

Answer 521

Debts belonging to the deceased's spouse.

Answer 522

They can be found personally liable.

Answer 523

They must disclaim the inheritance, in writing.

Answer 524

It falls in to the residue.

Answer 525

The residue passes via the intestacy rules.

Answer 526

2 years. Any such variation cannot be for monetary consideration.

Answer 527

Then the item is subject to IHT / a deemed disposal for CGT by the original beneficiary.

Answer 528

It is as if the deceased had left the property to the new beneficiary.

Answer 529

Disclaim or variation

Answer 530

A valid receipt.

Answer 531

Stock transfer form Office copy of the grant Share certificate

Answer 532

Stock transfer

Answer 533

Assent in writing Beneficiary to register their interest at HMLR

Answer 534

The beneficiary

Answer 535

The beneficiary

Answer 536

The residue, unless the will specifies otherwise.

Answer 537

An ordinary / unsecured creditor.

Answer 538

They will all abate proportionately

Answer 539

The beneficiary asking the PR to use a particular asset to satisfy a pecuniary legacy.

Answer 540

The receipt is given by the minor's parents, to be held on trust until the minor turns 18, or simply not given at all.

Answer 541

By agreement of all PRs, or if acting in a professional capacity.

Answer 542

Estate accounts.

Answer 543

Approve the accounts and indemnify the PRs.

Answer 544

The PR can ask the court to approve, or can pay the beneficiaries share into the court.

Answer 545

Immediately upon the testator's death, so is treated as being owned by the beneficiary from that point.

Answer 546

Must be in writing Signed by PRs Name of the beneficiary. HMLR must be notified.

Answer 547

in writing

Answer 548

the beneficiary.

Answer 549

Only that they have the right to have the estate administered properly.

Answer 550

They are not liable if they acted honestly, reasonably and ought fairly to be excused.

Answer 551

That a PR is not liable for the action in question.

Answer 552

Income account Capital account Distribution account

Answer 553

Inheritance (provision for family and dependants act) 1975.

Answer 554

That the terms of will can be set aside or varied, because reasonable financial provision has not been made for them

Answer 555

Within 6 months of issue of grant to PRs (though this can be later, with leave of the court).

Answer 556

Because at that point there is no longer any possibility of an application under Inheritance (provision for family and dependants act) 1975.

Answer 557

Spouse or civil partner Ex spouse, not remarried Child, or person treated as a child Person maintained by the deceased Person who cohabited with deceased for 2+ years prior to death

Answer 558

If they are able bodied and in employment.

Answer 559

1. Has the will or intestacy rules failed to make REASONABLE financial provision for the applicant 2. If so – what would be the provision? a. For spouse – As would be reasonable in ALL THE CIRCUMSTANCES whether or not required for maintenance. b. For ALL OTHERS – financial need to live comfortably (OBJECTIVE test). c. Reasons deceased gave for not providing.

Answer 560

REASONABLE financial provision

Answer 561

what would be the provision?

Answer 562

As would be reasonable in ALL THE CIRCUMSTANCES

Answer 563

financial need to live comfortably

Answer 564

for not providing.

Answer 565

Person's need Moral considerations Disabilities Age and duration of relationships

Answer 566

Transfer of property Lump sum (most common) Payment of income Settlement of property on trust

Answer 567

Disabilities

Answer 568

Age and duration of

Answer 569

Transfer of

Answer 570

Settlement of property

Answer 571

Lifetime transfers that are not immediately chargeable unless exceed current IHT nil rate band, and within 7 years of death

Answer 572

Only to UK assets

Answer 573

Gratuitous intent

Answer 574

The fact that they may alter the percentage ownership conferred. The greater the ownership stake, the higher the value.

Answer 575

Where property is more valuable when a spouse’s property is joined to it (ie a collection) - the higher value is used.

Answer 576

Gifts to spouse (unless domiciled outside of UK) Gifts to charities £250 or less to anyone Weddings (up to a certain limit)

Answer 577

No. It would use some of the personal allowance of £325k.

Answer 578

Parent - up to £5k Grandparent - up to £2.5k Spouse to spouse - up to £2.5k All others £1k.

Answer 579

Yes, the whole of this would be subject to IHT. If it was £250 none of it would. The £250 limit is all or nothing.

Answer 580

No, only £1k of it would. Wedding gifts, unlike non wedding gifts are NOT all or nothing gifts.

Answer 581

By one year, to a total of 2 (£6k).

Answer 582

At the time of the gift.

Answer 583

Chargeable lifetime transfers (CLT)

Answer 584

Annual exempt amount (£3k per year).

Answer 585

It's £7k gross, then 40% of this, so the IHT payable would be £2800. This is because the annual exempt amount is taken off the gross amount first (similar to child maintenance). However, the personal nil rate band will mean that most people still won't have to pay anything.

Answer 586

Take the £6k from the £100k, leaving £94k. 40% of £94k is £37,600 which would be how much IHT is payable. However, the personal nil rate band will mean that most people still won't have to pay anything.

Answer 587

20% - this is known as the lifetime rate.

Answer 588

Either the transferor (at 25%) or the transferee (at 20%)

Answer 589

If an individual dies within 7 years of making a CLT, it will be brought into the IHT calculation and tax will be recalculated at the full rate. This is because they would have paid at the lifetime rate of 20%, rather than the death rate of 40%.

Answer 590

Where if sole trade or partnership or transferring share in unlisted trading company, a rate of 100% exemption applies.

Answer 591

Sole trade or partnership or transferring share in unlisted trading company.

Answer 592

Shares transferred in a quoted trading company if the donor has more than 50% of the voting shares. -or- Donor transfers land, buildings, plant or machinery used by a partnership or company.

Answer 593

100% (for now anyway) provided the land has been owned for the last 2 years, or rented for 7.

Answer 594

It is no longer available at all. Instead, the NRB is reduced by the amount of PETs and CLTs made within the last 7 years.

Answer 595

PETs and CLTs

Answer 596

No, because there is no IHT chargeable at all on this. No NRB is used either.

Answer 597

Yes, after any NRB has been used.

Answer 598

The baseline is what remains after deducting all reliefs, exemptions and NRB. So in other words, the amount that is about to be taxed for IHT.

Answer 599

The rate reduces from 40% to 36%

Answer 600

For each £2 over the £2M limit, £1 is reduced from the Residence NRB (note - not the personal NRB).

Answer 601

£1M. There would be no residence NRB left, because at £2,350,000 tapering would have eradicated the NRB by £1 for each £2 over.

Answer 602

It's an extra bit of NRB for those who downsized their homes during life. The downsizing addition is normally the same as the RNRB lost when the former home was removed from the estate.

Answer 603

It means where the person who inherited dies within 5 after the inheritance, less IHT is due. It tapers by 20% for each year survived.

Answer 604

80% relief

Answer 605

20% relief

Answer 606

6 months from the end of the month deceased.

Answer 607

The residue, unless the will states otherwise.

Answer 608

The person being 'given' the property.

Answer 609

Gift to trustee in will Secret purpose not disclosed Trustee can be notified of purpose at any time Acceptance by trustee is implied unless expressly rejected

Answer 610

Gift to trustee

Answer 611

Secret purpose

Answer 612

at any time

Answer 613

implied unless expressly rejected

Answer 614

Usually, yes.

Answer 615

The terms of the trust, with clear and convincing evidence.

Answer 616

It fails, and the trustee can keep the gift.

Answer 617

Partially revealed by will Gift to trustee for purposes I have made known to them Identity of beneficiary must be provided to the trustee on or before execution of the will Will cannot refer to future communication

Answer 618

Fully secret - trustee can be told at any time Half secret - trustee must be told at, or prior to execution of the will

Answer 619

In secret trusts the trustee keeps the gift In half secret trusts the gift returns to the settlor. This is because of the timing of when the trustee must be informed of the trust. In half secret trusts the trustee must be informed before execution of the will, therefore the settlor is still able to provide the gift elsewhere, unlike in a fully secret trust where the trustee can be told at any point.

Answer 620

purposes I have made known to them

Answer 621

on or before execution of the will

Answer 622

future communication

Answer 623

Beneficiaries can terminate a trust if all the conditions are met: All beneficiaries have absolute interest All are in agreement All are adults and of sound mind

Answer 624

adults and of sound mind

Answer 625

Allows a gift to be moved to another charity, under certain conditions.

Answer 626

When there is evidence of GENERAL charitable intention show. This may be either for an initial failure of a gift, or subsequent failure of a gift.

Answer 627

Where the charity closed before the death of the testator.

Answer 628

Where the charity closes before the trust funds are exhausted.

Answer 629

A general charitable intention will suffice for an initial failure of gift to be transferred to an alternate charity. For a subsequent failure of gift through there is NO requirement to show general charitable intention.

Answer 630

The more specific the gift(s) the less likely. Caselaw holds that one gift to a specific charity is unlikely to show a general charitable intention.

Answer 631

Acquittal.

Answer 632

The self-dealing rule. Appointing a second administrator / executor would get around this potentially.

Answer 633

Accept that one of the two necessary criteria that form the exception to the right to bail (real prospect of custodial sentence, and one of the exemptions applies) is met, so the application hinges on the exemptions:- Fail to surrender Risk of further offences Interfere with witnesses Obstruct justice Then go on to give reasons why the prosecution would raise each of the applicable ones, and offer submissions as to why they would not be necessary / offer mitigation circumstances.

Answer 634

Previous record of compliance with bail conditions. Never failed to attend court whilst on bail. Strong defence, likely to want to return to court to clear name

Answer 635

hinges on the exemptions:-

Answer 636

would raise each of the applicable ones

Answer 637

why they would not be necessary / offer mitigation circumstances.

Answer 638

compliance with bail conditions.

Answer 639

failed to attend court

Answer 640

likely to want to return to court to clear name

Answer 641

Whether the D honestly believed the force to be necessary Where the force used was reasonable (proportionate)

Answer 642

to be necessary

Answer 643

reasonable (proportionate)

Answer 644

More likely to be believable.

Answer 645

That the force used was not reasonable (proportionate).

Answer 646

Criminal record shows only one type of offence, which can be mitigated via imposition of conditions - residence / tag / curfew (as suitable) if the court deems it appropriate. Record shows D has never offended whilst subject to a court order / Strong record of complying with orders. Work / family situation would be significantly affected by not being bailed.

Answer 647

mitigated via imposition of conditions

Answer 648

never offended whilst subject to a court order

Answer 649

Work / family situation

Answer 650

It is my submission therefore that bail can be properly granted in this matter because there are no substantial grounds to fear the D would interfere with witnesses, interfere with witnesses or fail to surrender. In any event, any concerns can be addressed via the imposition of conditions.

Answer 651

The gift does not fail, because it doesn't say 'my' shares. It says 1000 shares, and so these would need to be purchased by the estate if funds allow.

Answer 652

Say things like "please can you tell me about..." and "could you explain a little more on this..." At the start "perhaps you could tell me a little more about why you've come to see me today and what I can help you with...."

Answer 653

Only the difference in where the power to act comes from. Executor from a will, and administrator where there is either no will, or the named executor is unable or unwilling to act.

Answer 654

Death Certificate Will Tree (family) ---- Residue Assets Gifts ---- Recap Details Steps (next)

Answer 655

Death Certificate

Answer 656

Tree (family)

Answer 657

Steps (next)

Answer 658

Yes. Work through the sentencing guidelines, settle on one and present why.

Answer 659

1/3 off for guilty plea. The prospect of a suspended sentence.

Answer 660

Circuit judge - Your Honour.

Answer 661

It's evidence other than oral evidence given at court. Notable exception for expert witness etc.

Answer 662

Liaise with the CPS to consider whether it's in the public interest to proceed.

Answer 663

Ask for a copy of the audio and check any transcript is accurate.

Answer 664

Either-way

Answer 665

Seriousness of the offence (are the Mags sentencing powers sufficient?) Aggravating and mitigating factors Complexity Vulnerability of Defendant (eg mental health)

Answer 666

Seriousness

Answer 667

Aggravating and mitigating

Answer 668

Complexity

Answer 669

Vulnerability

Answer 670

Does not meet the requirements of gateways and therefore should not be admitted Lack of proper notice / no explanation as to why needed Reliability of evidence Unfairly prejudice the case

Answer 671

requirements of gateways

Answer 672

proper notice / no explanation

Answer 673

Unfairly prejudice

Answer 674

Reliability

Answer 675

Vulnerability of the witness (special needs) Necessity for effective testimony (to protect / reduce distress) Will not impact fairness of the trial Whether it will prevent cross examination

Answer 676

Vulnerability

Answer 677

effective testimony

Answer 678

fairness of the trial

Answer 679

Interests of justice (key) eg right to defend themselves Reason for the application Impact on trial process Length of adjournment Prejudice to Defendant or prosecution case

Answer 680

Interests of justice

Answer 681

Reason for

Answer 682

trial process

Answer 683

Defendant or prosecution case

Answer 684

Compelling reasons to do so Timing of application (ie ASAP) Grounds for withdrawing eg ineffective representation Misunderstanding of the charge Lack of capacity

Answer 685

Compelling ie whether there are compelling reasons to do so.

Answer 686

Grounds for

Answer 687

Misunderstanding

Answer 688

Application for adjournment Application for special measures (eg video link) Compelling witness to attend (using contempt of court powers)

Answer 689

adjournment

Answer 690

special measures (

Answer 691

Compelling witness

Answer 692

Importance of testimony The trial schedule Fairness of trial Efforts made to secure attendance

Answer 693

Efforts made

Answer 694

"Your Honour, I respectfully apply for legal aid on behalf of the defendant, who has provided details of their financial situation and qualifies under the Legal Aid Agency’s means test. The defendant is unable to afford private legal representation, and legal aid is necessary to ensure they have access to justice in this matter."

Answer 695

Payment of expert witnesses Additional measures for a vulnerable witness

Answer 696

Loss of self control (inc slow-burn) Qualifying trigger (serious threat / extremely grave and gave justifiable sense of being wronged) Objective test (normal person would act the same)

Answer 697

self control (inc slow-burn)

Answer 698

serious threat / extremely grave words and gave justifiable sense of being wronged

Answer 699

normal person would act the same

Answer 700

A = Area Exclusion from area

Answer 701

Time elapsed.

SQE2 Orals Day 2 (Crim Adv & Probate Int) Flashcards

Prepare for day 2 of the SQE2 orals, with Criminal Advocacy and Wills & Probate Interview (826 cards)