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These flashcards cover key concepts and legal principles discussed in the lecture regarding criminal law and procedure pertinent to mock advocacy and skills for legal education.
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What was the initial ruling regarding Emma's previous misconduct in the manslaughter case against her?
The judge ruled that it was not relevant to an important matter in issue between the prosecution and defence.
What type of statement can a complainant provide to the court regarding the impact of an assault for sentencing purposes?
A victim personal statement.
What can the Crown Court do if Barbara is unsuccessful in her appeal against her conviction and sentence?
It can order Barbara to pay the prosecution costs of the appeal and can also increase her sentence.
How do magistrates generally respond to a request for hearsay evidence when the original witness becomes available?
They are likely to allow the live witness to testify after understanding they are available.
What is the maximum custodial sentence magistrates can impose for an offence causing criminal damage of £100?
Three months.
In a case where a witness states they won't testify due to fear of reprisals, what is the prosecutor’s likely course of action?
Offer no evidence due to the witness's inability to testify.
What is the best strategy if the CPS has inadequate evidence to continue with a case involving a stolen vehicle?
Seek a stay of the proceedings for an abuse of process.
What evidence must a judge consider when allowing admissions of bad character evidence in trial?
Relevant evidence that speaks to the defendant's propensity for similar conduct.
What information must be included when a defendant pleads not guilty in an interview context under PACE?
The defendant's explanation or denial of the offence should be recorded.
How should the judge handle the directions given to a jury in a circumstantial evidence case?
The judge should clarify which pieces of evidence are admissible for consideration.