LM Notebook cards

What is the legal definition of a criminal assault?

An act by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence.

Can a criminal assault be committed by an omission?

No, an assault must be an act, unless a person is under a duty to act.

What is the legal definition of a battery?

The intentional or reckless application of unlawful force on another person.

An assault that includes physical contact is often referred to as an 'assault by _'.

beating

Give an example of an assault without a battery.

Throwing a punch that does not land, or spitting at someone but missing them.

What level of injury is required for Actual Bodily Harm (ABH)?

Any hurt calculated to interfere with health or comfort that is 'more than transient or merely trifling'.

The offence of affray requires that the accused's conduct would cause a person of present at the scene to fear for their personal safety.

reasonable firmness

Under the Prevention of Crimes Act 1953 (PCA), what are the three categories of 'offensive weapon'?

1. Made to cause injury, 2. Adapted to cause injury, 3. Intended for use to cause injury.

What is the key difference between an offensive weapon 'adapted' to cause injury and one 'intended' to cause injury?

An adapted weapon has been altered (e.g., a broken bottle), whereas an intended weapon is an ordinary item the person plans to use to cause injury.

Under the Criminal Justice Act 1988 (CJA), what is the exception for carrying a folding pocket knife in public?

It is an exception if the knife has a cutting blade that does not exceed 3 inches.

What is the key difference in scope between the Prevention of Crimes Act 1953 and the Offensive Weapons Act 2019 regarding possession of certain weapons?

The OWA 2019 criminalises possession of prohibited weapons anywhere (including in private), whereas the PCA 1953 offence applies only in a public place.

For the offence of affray, can the threat consist of words alone?

No, threats cannot be words alone and must be accompanied by some form of physical activity.

What is the test for the 'hypothetical bystander' in the offence of affray?

An objective test: had a person of reasonable firmness been present, would they have been put in fear for their personal safety?

What is the legal definition of 'unlawful wounding'?

A break in the continuity of the skin.

To prove unlawful possession of a controlled substance, what must be established regarding the suspect's knowledge?

The suspect must know they are in possession of the substance, or at least in possession of something.

What defence is available under s5(4)(a) MDA if someone takes possession of a controlled substance they know or suspect it to be?

That they took possession to prevent another from committing an offence and took all reasonable steps to destroy it or deliver it to a lawful possessor.

What is the definition of a 'conveyance' for the offence of Taking a Conveyance (TWOC)?

Any conveyance constructed or adapted for the carriage of a person or persons by land, water, or air, which can be operated from in or on it.

For the offence of allowing oneself to be carried in a taken conveyance, what level of knowledge is required?

The person must have actual knowledge that the conveyance was taken without authority; suspicion or belief is not enough.

Name two of the four aggravating factors that can turn TWOC into Aggravated Vehicle Taking.

Any two of: dangerous driving, causing an accident injuring someone, causing damage to other property, or causing damage to the vehicle itself.

What is the actus reus of criminal damage?

Without lawful excuse, destroying or damaging any property belonging to another.

What is the mens rea for criminal damage?

Intending to destroy or damage such property, or being reckless as to whether such property would be destroyed or damaged.

Arson is defined as criminal damage caused by _.

fire

What is the modern, sole test for dishonesty in theft, established in Ivey v Genting Casinos?

Was the defendant's conduct 'dishonest' by the standards of an ordinary, decent person? (an objective test).

Under s3 of the Theft Act 1968, what does it mean to 'appropriate' property?

It means any assumption of the rights of an owner.

In the context of theft, what does 'intending to permanently deprive' mean in practice?

The defendant intended to treat the property as their own to dispose of, regardless of the owner's rights.

What are the essential elements of robbery under section 8 of the Theft Act 1968?

A person steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts/seeks to put any person in fear of force.

What is the key difference in intent between Burglary under s9(1)(a) and s9(1)(b) of the Theft Act 1968?

Section 9(1)(a) requires intent to steal, inflict GBH, or cause criminal damage at the point of entry, whereas s9(1)(b) involves committing or attempting theft or GBH after having entered.

For the offence of burglary, can 'entry' be partial?

Yes, partial entry, such as putting an arm or an object through a window, can be sufficient.

What is the mens rea for handling stolen goods?

Knowing or believing the goods to be stolen.

Can a person be guilty of both stealing goods and handling the same stolen goods?

No, the offence of handling is committed 'otherwise than in the course of stealing'.

The current legal test for recklessness, established in R v G and R, is subjective. What does this mean?

A person is only criminally 'reckless' if they themselves appreciated (foresaw) the unjustified risk they took.

If a defendant did not foresee a risk as a consequence of being voluntarily intoxicated, what is the legal test for recklessness?

Would they have foreseen the risk had they been sober? If yes, they are criminally reckless.

In the context of offensive weapons, what two elements comprise the legal meaning of 'has with him'?

Knowledge (that you have it) and propinquity (physical closeness and availability for use).

What is transferred malice?

When the mens rea (malice) intended for one victim is transferred to another person who is the actual victim of the actus reus.

Under the Criminal Attempts Act 1981, a person is guilty of attempt if, with intent to commit an offence, they do an act which is to the commission of the offence.

more than merely preparatory

Can a person be guilty of attempting to commit an offence that is factually impossible to complete (e.g., trying to import a substance believed to be drugs, which is actually vegetable matter)?

Yes, under s1(2) of the Criminal Attempts Act 1981, a person can be guilty of attempting the impossible.

What is the legal consequence for someone found to have aided, abetted, counselled, or procured the commission of an indictable offence?

They are liable to be tried, indicted, and punished as a principal offender.

In a simple joint enterprise assault, is each participant only liable for the injuries they personally inflict?

No, each participant is liable for the assaults committed and the injuries caused by the others, as they adopt the actions of the others as their own.

What is the main difference between the offence of 'incitement' and 'aiding and abetting'?

Incitement can be committed whether or not the crime being incited was actually committed, whereas aiding and abetting requires the principal offence to have been committed.

What is the actus reus of the offence of conspiracy?

The making of an agreement between two or more people to carry out a course of conduct that will amount to the commission of a crime.

What are the two key elements that must be considered for the defence of self-defence?

1. The necessity of using force (did you have to defend yourself?) and 2. The reasonableness of the force used.

Does the law require a person to retreat before using force in self-defence?

No, there is no duty to retreat, but the possibility of retreat is a factor to be considered in assessing the reasonableness of the action.

If a defendant genuinely but mistakenly believed they were under attack, can they rely on self-defence?

Yes, provided the belief was genuinely held, even if mistaken, unless the mistaken belief was due to self-induced intoxication.

In a non-householder self-defence case, force will not be regarded as reasonable if it was _.

disproportionate

In a 'householder' self-defence case, the degree of force used is not regarded as reasonable if it was .

grossly disproportionate

What is the two-part test for the defence of duress by threat/coercion?

1. Subjective: Was the defendant impelled to act by a reasonable belief of a threat of death/serious injury? 2. Objective: Would a sober person of reasonable firmness have been so compelled?

Can a person rely on the defence of duress if they voluntarily associated with a criminal gang and were then threatened to commit a crime?

No, a person cannot rely on duress if they have voluntarily exposed themselves to the risk of such duress by association with others.

Is voluntary intoxication a defence to crimes of 'basic intent' such as ABH or criminal damage?

No, voluntary intoxication is not a defence to crimes of basic intent.

The defence of 'mistake as to fact', as seen in R v Williams (Gladstone), allows a defendant to be judged on the facts as they them to be.

genuinely believed

Under s.78 PACE, a court may exclude admissible prosecution evidence if its admission would have such an adverse effect on the fairness of the proceedings that the court .

ought not to admit it

What is the legal definition of a 'confession' under s.82 PACE?

Any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise.

Under what two circumstances must the prosecution prove a confession was NOT obtained, if challenged by the defence under s.76 PACE?

1. By oppression of the person who made it, or 2. In consequence of anything said or done likely to render the confession unreliable.

A statutory inference may be drawn if a suspect fails to account for an object, substance, or mark on their person or in their possession when arrested. What is this 'special warning' under?

Section 36 of the Criminal Justice and Public Order Act 1994 (CJPOA).

The standard police caution warns a suspect that it may harm their defence if they do not mention when questioned something which they .

later rely on in court

For an inference to be drawn from silence under s.34 CJPOA, what two questions must be satisfied?

1. Did the defendant rely on a fact in their defence they failed to mention when questioned? 2. Could the defendant reasonably have been expected to mention that fact when questioned?

Under CJA 2003 and Home Office guidance, can a person be convicted on a 'DNA match' alone?

No, there must be 'other supporting evidence' to secure a conviction.

What are the key questions from the Turnbull guidelines for assessing the quality of witness identification evidence?

How long was the observation, the distance, the lighting, were there any impediments, and had the witness seen the person before?

Under the CJA 2003, hearsay evidence is only admissible if it passes through a statutory 'gateway'. Name two such gateways.

Any two of: parties agree, interests of justice, witness is unavailable (e.g. dead, unfit, outside UK), business records, or res gestae.

Concept: Res Gestae

A statement made when a person is so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded, making it an exception to the hearsay rule.

Under s98 CJA 2003, 'bad character' evidence is evidence of, or a disposition towards, _.

misconduct

What is the purpose of the 'necessity test' for a lawful arrest under s.24 PACE and Code G?

To ensure an arrest is only made when it is genuinely necessary for a defined statutory purpose, such as to ascertain identity or allow a prompt and effective investigation.

What information must be given to a person upon arrest under s.28 PACE?

The fact that they are under arrest and the ground(s) for the arrest.

Under s.18 PACE, when can police search premises occupied or controlled by a person who has been arrested for an indictable offence without a warrant?

When they have reasonable grounds to suspect that the premises contain evidence relating to that offence or a connected/similar offence.

A person attending a police station for a voluntary interview must be told they are not under arrest and are _ at any time, unless arrested.

free to leave

What is the maximum initial period a person can be detained at a police station without charge?

24 hours from the relevant time (usually arrival at the station).

Who can authorise an extension of detention without charge for a further 12 hours (up to a total of 36 hours)?

An officer of at least the rank of Superintendent.

When must the first review of a person's detention be conducted by an Inspector?

No later than 6 hours after the detention was first authorised by the custody officer.

What is the purpose of an appropriate adult (AA) at the police station?

To safeguard the rights and welfare of a juvenile or vulnerable suspect, assist them with communication, and observe whether police act fairly.

According to Home Office Guidance (NFG6D), what is the solicitor's only role in the police station?

To protect and advance the legal rights of their client.

Before an interview, Code C 11.1A requires that a suspect and their solicitor must be given sufficient information to understand the nature of the offence and .

why they are suspected of committing it

What is the second 'E' in the PEACE model of investigative interviewing?

Evaluation.

Under PACE Code C, can a solicitor be required to leave an interview?

Yes, but only if their conduct prevents or unreasonably obstructs proper questions being put or the suspect's response being recorded, and the decision is made by a Superintendent.

Is a 'mixed statement' (e.g., admitting an act but claiming self-defence) considered confession evidence under PACE?

Yes, because a confession is defined as anything 'wholly or partly adverse' to the person who made it.

According to the Sentencing Council guidelines, does a confession in a police interview directly count towards the one-third sentence reduction for a guilty plea?

No, the reduction is for the plea itself in court; an early admission is a separate mitigating factor considered before the guilty plea reduction is applied.

When a lawyer acts for two or more clients, what is the primary ethical question they must ask to identify a conflict of interest?

Do the clients have 'adverse' interests to each other? (i.e., am I advising each client as I would if they were my only client?).

What must a lawyer do if their duty of confidentiality to Client A conflicts with their duty of disclosure of material information to Client B in the same matter?

They must cease to act for at least one, and usually both, clients, as they cannot comply with both professional duties simultaneously.

Legal Professional Privilege (LPP) attaches to communications between a client and lawyer where the dominant purpose is seeking and receiving .

legal advice

If a lawyer explains the reasons for their legal advice to the police (e.g., 'I advised no comment because…'), what is the likely consequence for Legal Professional Privilege?

The privilege will likely be waived, as the reasons for the advice are part of the confidential communications.

Under PACE Code C, if a suspect cannot communicate with their solicitor due to a language barrier, who is prohibited from acting as an interpreter for this purpose?

A police officer or any other police staff.

When a lawyer is using the same interpreter as the police for a client consultation, what step should they take with the interpreter?

Confirm with the interpreter that they are bound by their professional Code of Conduct to maintain the confidentiality of the privileged communication.

What is the primary risk of having an appropriate adult (AA) present during a private legal consultation with a client?

The consultation may no longer be confidential and Legal Professional Privilege may be waived.