Trial

Question 1

Who is entitled to special measures

Answer 1

• child
• mental or physical disorder liekly to affect evidence
• Fear or distress

Screens, live link, claring court, remove wigs adn gowns

Question 2

Competence and Compellability

Answer 2

All witnesses are compellable provided competant
- competant if can understand qs adn give comprhensible answers

D is not compellable for P or Co D
D’s spouse is not compellable unless domestic abuse or child abuse

Question 3

Role of sentencing guidelines

Answer 3

Must be followed unless contrary to IoJ

Question 4

Sentencing procedure

Answer 4

1. Seriousness (harm and culpability)
2. Aggravating and Mitigating
3. Mitigation for guilty plea
4. Assistance to P
5. Totality
6. ANcillary order

Question 5

Custody threshold

Answer 5

MUST not pass custodial sentence unless so serious neither a fine or community sentence can be justified

Question 6

Community order

Answer 6

MUST not make a community order unless offence was serious enoguh to warrant the making of such

Question 7

Newton haring

Answer 7

D pleads guilty but disputes Ps factual basis and difference make material difference to sentencing

Hear witnesses, no jury, P prove their version beyond reasonable doubt