Criminal Practice

Question 1

Courts of First Instance

Answer 1

1. Magistrates
2. Crown Court

Question 2

Classification Offences

Answer 2

1. Summary Only
2. Either Way
3. Indictable Only

Question 3

Summary Only

Answer 3

1. Magistrates
2. 6 Months (Single Either Way or Multiple Summary Only)
3. 12 Months (More than 1 Either Way)

Question 4

Either Way

Answer 4

1. Magistrates or Crown Court
2. Consider whether magistrate powers adequate
3. Consider what the defendant wants

Question 5

Indictable Only

Answer 5

1. Crown Court
2. First appearance at Magistrates, then directly to Crown

Question 6

Rights under PACE

Answer 6

1. Free Legal Advice
2. Notify Someone of Arrest
3. Inspect Police Code of Practice
4. Silence
5. Informed of Reasons for Arrest
6. Inspect Documents
7. Information on Time Limits

Question 7

Time in Custody Without Charge

Answer 7

1. 24 Hours
2. Extend by 12 Hours (Super-Intendant)
3. 36 Hours for 1st Application (Magistrates)
4. 12 Hours on 2nd Application (Magistrates)

Question 8

Identified Procedures must be held

Answer 8

1. Witness Identified Suspect
2. Witness says they can identify suspect
3. Reasonable chance witness can identify suspect

Question 9

Identification Procedure

Answer 9

1. Video Identification
2. Identification Parade
3. Group Identification
4. Confrontation

Question 10

Substantial Grounds for Bail Applications

Answer 10

1. Nature and Seriousness of Offence
2. Probable Method of Dealing with Offence
3. Previous Convictions
4. Association and Community Ties
5. Record on Complying with Bail Obligations
6. Strength of Evidence

Question 11

Conditions for Bail must be

Answer 11

1. Relevant
2. Proportionate
3. Enforceable

Question 12

Means Test for Legal Representation

Answer 12

1. If below 3,398 per annum (satisfied)
2. If above 3,398 but below 37,500 (limited legal aid)
3. Over 37,500, not entitled to legal aid

Question 13

Theft under 200 quid

Answer 13

Magistrates Court cannot decline jurisdiction

Question 14

Case Management for Magistrate Court

Answer 14

1. Prosecution to give evidence served within 28 days
2. Defence Case Statement (14 days)
3. Witness Requirements and Objections to bad character (7 days)
4. Defence’s notice of intention to adduce hearsay evidence or bad character evidence served within 14 days
5. Points of law raised at least 21 days before trial
6. Certificates of readiness serviced atleast 7 days before trial

Question 15

Crown Court Indictable Matter Case Management

Answer 15

1. Preliminary Hearing (14 days)
2. Plea and Trial Prep Hearing (28 days after case sent)
3. If trial, 50 days (or 70 days if defendant on bail) prosecution to provide disclosure
4. Defence case statement must serve within 14 days of prosecution disclosure

Question 16

Turnbull Guidelines for Identification Evidence

Answer 16

1. Amount of time the witness had to observe the perpetrator
2. Distance between the witness and perp
3. Visibility at the time the witness saw the perp
4. Obstruction
5. Known to the witness
6. Any reason to remember
7. Time between incident and identification
8. Errors between first description and actual appearance

Question 17

Hearsay Evidence under Admissibility

Answer 17

1. Under Statute
2. Rule of Law
3. Agreement by Parties
4. Interest of Justice

Question 18

Confessions Admissibility

Answer 18

1. Must be Relevant
2. Must be consider Challenge
3. Crown Court (Hearing in absence in jury)
4. Magistrates (Put the confession from mind)

Question 19

7 Gateways for Bad Character Evidence under Criminal Justice Act 2003

Answer 19

1. All parties agree
2. Introduced by defendant
3. Important explanatory evidence
4. Relevant to important matter in issue
5. Substantial probative value
6. Correct faise impression given by defendant
7. Defendant attacked another’s character

Question 20

Time Limits for Bad Character Evidence

Answer 20

1. Within 28 days of NG in MC
2. Within 14 days of NG in CC

Question 21

Stages of Criminal Trial

Answer 21

1. Opening Speech
2. Calls Witnesses
3. Defence can make an application of no case to answer
4. Defence calls witness
5. CC - Sums up evidence and jury deliberates
6. Bench or Jury deliver verdict

Question 22

Examination in Chief

Answer 22

1. Own Side
2. No leading questions

Question 23

Cross-Examination

Answer 23

1. Other Side
2. Leading Questions Permitted

Question 24

Defendants

Answer 24

Prosecution: Neither Competent or Compellable
Defence: Competent but not compellable

Question 25

Defendant's Spouse or Civil Partner

Answer 25

Prosecution: Competent but not compellable Defendant: Competent and Compellable

Question 26

Co-Defendants

Answer 26

Posecution: Neither Competent or Compellable Defence: Competent but not compellable

Question 27

Appeals from MC

Answer 27

1. 21 days to appeal 2. 21 days to appeal to divisional court - legal arguments only

Question 28

Appeal to CC

Answer 28

1. 28 days to lodge notice at CC 2. Court of Appeal can Quash, Order Acquittal or Retrial, Find Guilty 3. Grounds of Appeal: Wrong in Law, Wrong in Principle, Manifestly Excessive

Question 29

Youth Court

Answer 29

1. Part of MC 2. Serious sent to CC 3. Youth Rehabilitation Order (3 Years) 4. Custodial Sentence (12 and over) 4.1 12-14 for persistent offending 4.2 15-17 (4,6,8,10,12,18,24 months)