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Crim Lit Key concepts
Terms in this set (42)
What is the effect of section 40 CJA 1988 (re summary offences)
Certain specified summary offences may appear on an indictment if they are LINKED to an indictable offence for which the accused has been sent to the Crown Court for trial
e.g. common assault, taking a motor vehicle without consent, driving whilst disqualified, and criminal damage to which the provisions of the MCA 1980, s. 22 apply.
When can a JURY convict an accused of a summary offence
Where it appeared on the indictment under s.40 CJA
By way of alternative verdict
What is the classification of an "attempt"?
An attempt is triable as the substantive offence.
This only applies to indictable offence (EW and IO)
What is the classification of common law offences?
Common law offences are all indictable offences and are Indictable Only UNLESS listed in the MCA 1980 Sch. 1
What does the trial of a juvenile usually take place
The youth court (a specialised MC).
Where does a CC usually take place?
Any location of the CC
Choice will depend on:
- the nature of the offence (required level of judge)
- convenience of the parties
- desirability of expediting the trial
- any directions from the presiding judge of the sending MC.
Where an A wishes to appeal the decision of a CC in a trial on indictment in the CC, where do they appeal to?
Where an A wishes to appeal the decision of a CC in an appeal from an MC, where do they appeal to?
What are the three kinds of judges in the CC?
High Court judge
When the CC comprises a judge sitting with a justice or justices, may the decision of the court be by majority?
The justices may out-vote the professional judge, although if an even-numbered court is equally divided the professional judge has a casting vote.
When may a person convicted by an MC appeal to the CC?
If he pleaded not guilty, he may appeal against conviction and/or sentence
If he pleaded guilty, he may appeal only against sentence
When a CC judge deals with a linked summary offence, in what capacity does he act?
The judge would deal with the summary offence as if he were a magistrate (following the procedure that would be adopted in the MC).
At which stages does the CC have jurisdiction to grant bail?
The CC has jurisdiction to grant bail to a person
o during the course of a trial on indictment or other proceedings before it
o who has been sent to it in custody for trial or sentence
o who is appealing to it from a MC following the imposition of a custodial sentence by the justices;
o who is appealing from it to the CoA and has been granted a certificate that the case is fit for appeal; or
o who has been remanded in custody by a MC following an argued bail application
When may a MC try an EW offence?
(a) the offence is not so serious that the court's powers of punishment in the event of conviction would be inadequate
(b) the accused agrees.
What are the maximum sentencing powers in the MC?
The court may impose a penalty of anything up to six months' imprisonment and/or an unlimited fine.
What is the criteria for a person to be permitted to appeal a decision of the CoA to the SC?
The CoA or SC itself must consider that the appeal involves a point of law of general public importance which should be considered by the SC.
Which two hurdles must be surmounted for an appeal from the CoA to the SC?
The CoA must
(i) certify the question
(ii) grant leave to appeal
What are the relevant time limits for applications for leave to appeal to the SC?
An application for leave must be made no more than 28 days after the CoA decision, or reasons, whichever is later.
If the CoA certifies the question but refuses leave, the party may apply for leave to the SC within 28 DAYS of the day on which the CoA gives reasons for its refusal of leave
What is the overriding objective?
That criminal cases be dealt with JUSTLY
What does dealing with a case JUSTLY include?
(a) acquitting the innocent and convicting the guilty;
(b) dealing with the P and D fairly;
(c) recognising the rights of a defendant (ECHR Art. 6)
(d) respecting the interests of witnesses, victims and jurors and keeping them informed
(e) dealing with the case efficiently and expeditiously;
(f) ensuring that appropriate information is available to the court when bail and sentence are considered; and
(g) dealing with the case in ways that take into account gravity, complexity, severity of the consequences, and the needs of other cases.
Who is bound to prepare and conduct a case in according with the overriding objective and comply with the rules and PDs?
This includes anyone involved in any way with a criminal case.
What is a case progression officer?
Appointed at the start of proceedings. It is his responsibility to ensure party compliance with court directions, and to alert other parties to anything which may interfere with the smooth progress of the case.
What is the consequence of a breach of time limits (regarding evidence)?
The court should consider
(i) whether the other parties have been prejudiced by the late notice of the application, and
(ii) the reasons for the delay
before deciding whether evidence should be excluded as a consequence of the breach of the rules.
Does the court have a power to extend a time-limit set by CrimPR?
What are the three ways to kick off a prosecution?
1. Private prosecution (information and summons)
2. Public prosecution - written charge and requisition
3. Public prosecution - arrest and charge
What are the requirements for a power to arrest without a warrant?
The police must have reasonable grounds...
(i) to suspect the person has committed, is committing or is about to commit an offence
(ii) to believe that the arrest is necessary to achieve a legitimate objective.
What are the "legitimate objectives" for a power to arrest without a warrant?
(a) to obtain the person's name or address
(b) to prevent physical injury or damage to property
(c) to protect a child or other vulnerable person
(d) to allow the prompt or effective investigation of the offence/conduct
(e) to prevent the person disappearing (where this would hinder investigation
What is meant by "reasonable grounds" (to suspect/believe)?
The basis for belief/suspicion must be honestly held and objectively rational. It does not need to be based on admissible evidence but must be more than a hunch.
What are the requirements of a lawfully executed arrest?
- The person must be informed in words they can understand that they are under arrest.
- They must be told the reason why
- This should be recorded in the PO's notebook.
What should happen immediately after arrest?
1. A caution should be administered
2. The person should be bailed or taken to a designated police station
What is the purpose of a caution?
To let the suspect know that in certain circumstances the trial court may be allowed to draw adverse inferences from his silence under questioning
"you do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."
NB: if circumstances where no adverse inference can be permitted (e.g. detainee at a police station who has been denied access to legal advice) old style caution is given - "you do not have to say anything but anything you do say may be given in evidence"
What is the maximum length of pre-charge police bail ("street bail")?
It should not last more than 28 DAYS, unless circumstances are exceptional.
The bailed suspect must be given a written notice setting out all relevant detail including time/date/location he must attend at a police station.
What is the test for a PO to "Stop and search" a person BEFORE arrest?
Generally, must have "reasonable grounds" to suspect the commission of an offence.
But in some serious cases e.g. dangerous weapons, they only need "reasonable grounds" for suspecting the stolen or prohibited item will be found.
The powers should be employed "fairly, responsibly, and without unlawful discrimination".
What is the test for a MC to issue a warrant authorising search of premises BEFORE an arrest?
An MC can issue the warrant if:
(a) the offence is serious enough
(b) the evidence is likely to be cogent enough
(c) there is no other alternative.
What are the powers of search AFTER arrest?
The PO has powers to search both the suspect himself and relevant premises (if there are reasonable grounds for believing that relevant evidence will be found there).
What are the requirements of a custody officer?
Must be an officer of at least the rank of sergeant and have no connection to the investigation.
What is the role of a custody officer when an arrested person is brought to a police station?
The custody officer must create and maintain a custody record as soon as the suspect arrives at the PS.
The CO should review the suspect's detention and consider the evidence against him.
1. Order their immediate release
2. Charge the suspect
3. Sanction further detention without charge
4. Release him on police bail
After how long must there be a review after detention without charge is first authorised?
After how long must there be a second review?
9 HOURS after the first review / 15 HOURS in custody
After how long must there be a third review, and what must happen?
9 HOURS after the second review / 24 HOURS in custody
The suspect must be charged or released (unconditionally or on police bail) UNLESS:
(a) the suspect is under arrest for an indictable offence
(b) an officer of at least the rank of superintendent has reasonable grounds for believing that further detention is NECESSARY to secure or preserve evidence or to obtain such evidence by further questioning
(c) the investigation so far has been carried out diligently
This power should be used sparingly.
If a suspect is detained without charge past 24 hours what is the next stage?
At 36 hours they must be released or charged unless a MAGISTRATES COURT has issued a warrant of further detention.
The MC needs to be satisfied that what the superintendent believed 12 hours previously is still true.
If granted, the warrant may be for a period not exceeding another 36 hours.
This may be done again at 72 hours for another 36, but after 96 hours the suspect MUST be either charged or released (unless the Terrorism Act applies)
When must an interview cease?
When police know they have enough to charge (or not).
THIS SET IS OFTEN IN FOLDERS WITH...
Classification of offences
BPTC - Criminal Numbers
CRIM LIT - TIME LIMITS
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