Criminal Procedure and Evidence Practice Flashcards

A comprehensive set of practice flashcards covering criminal classification, PACE powers, bail, trial procedure, evidence rules (hearsay, bad character, confessions), and sentencing guidelines based on UK law.

Into which three categories are criminal offences classified in England and Wales?

Summary Offences, Indictable Offences, and Either-Way Offences.

Under PACE 1984 Code C, what is the definition of an 'interview'?

The questioning of a person regarding their involvement or suspected involvement in a criminal offence, which must be carried out under caution.

What is the 'decision to arrest' rule regarding police questioning?

If a police officer has decided to arrest a person, the arrest should not be delayed in order to question the suspect before doing so.

According to PACE $S.39$, what can a custody officer permit for a live link interview?

The transfer of a detained person to a police officer for the purpose of a live link interview conducted by another officer.

What is a 'significant statement' as defined in Code C?

A statement which may be used in evidence, and in particular a direct admission of guilt.

Under Code 11.6, who is responsible for determining if there is sufficient evidence to charge a suspect?

The custody officer, not the investigating officer.

What is the maximum period of detention allowed without charge before an extension is required?

$24\,\text{hours}$.

What are the three tiers of maximum detention periods without charge?

$24\,\text{hours}$, which can be extended to $36\,\text{hours}$ by a superintendent, and up to a total of $96\,\text{hours}$ via a Magistrates' Court.

Under $S.1$ of the Magistrates' Court Act 1980, what is required for a justice to issue an arrest warrant?

Written information substantiated on oath that a person has, or is suspected of having, committed an offence.

What is the mandatory rank required for a custody officer?

At least the level of sergeant.

What specific right does the ECHR provide for all persons held in custody, including juveniles?

The right to legal assistance/access to a solicitor.

What is the 'relevant time' for calculating detention limits?

The time of arrival at the first police station or $24\,\text{hours}$ after arrest, whichever is earlier.

What are the professional requirements for a member of the Crown Prosecution Service (CPS)?

They must be a barrister or solicitor of at least $10\,\text{years}$ standing.

What is the 'written charge and requisition' procedure?

A procedure where a person is charged with an offence and required to appear before a Magistrates' Court via a requisition, often without having been arrested first.

What is the maximum period for which a Magistrates' Court may remand an accused in custody?

$8\,\text{clear days}$.

What are the Custody Time Limits (CTL) between the first appearance and trial for an either-way offence tried summarily?

$70\,\text{days}$, unless the decision for summary trial is taken within $56\,\text{days}$, in which case it is $56\,\text{days}$.

What is the CTL between an accused being sent to the Crown Court and the start of trial?

$182\,\text{days}$.

Which statute creates the rebuttable presumption in favour of bail?

The Bail Act 1976, $S.4(1)$.

In what type of case must a Crown Court Judge, and not a Magistrate, make the bail decision?

Murder cases (under CAJA 2009).

What is the threshold value for criminal damage that determines it must be tried summarily?

$£5000$.

Under what value is shoplifting considered 'low-value' and triable summarily?

$£200$.

What is the 'statutory test' for initial disclosure by the prosecution?

Whether the material might reasonably be considered capable of undermining the case for the prosecution or assisting the case for the accused.

What is the timeframe for serving a defence statement in Crown Court proceedings?

Within $28\,\text{days}$ of the prosecution's compliance with initial disclosure.

What is a 'voluntary bill of indictment'?

An exceptional legal mechanism allowing a prosecutor to send a case directly to the Crown Court, bypassing the Magistrates' Court sending process.

How is the 'rule of duplicity' applied to indictments?

Each count may only allege one offence.

Define 'Joinder of counts' under the Indictment rules.

Offences may be tried together if they are founded on the same facts or form part of a series of offences of the same or similar character.

What is the procedure if a defendant remains silent or provides an ambiguous plea during arraignment?

The court shall enter a plea of not guilty.

What is a 'Newton hearing'?

A hearing held when there is a significant dispute about material facts after a guilty plea that would affect the sentence.

What is the 'Galbraith test' for a submission of no case to answer?

The judge must assess the quality/reliability of evidence; a case should be stopped if there is no evidence of an essential element or if the evidence is so vague that a reasonable jury could not properly convict.

What are the criteria for a court to proceed with a trial in the absence of the accused?

The court must be satisfied that the accused has waived their right to attend and that the trial will still be fair.

Under PACE $S.76$, when must a confession be excluded?

If it was obtained by oppression or in consequence of anything said or done which was likely to render the confession unreliable.

What does PACE $S.78$ grant the court?

The discretion to exclude prosecution evidence if its admission would have an adverse effect on the fairness of the proceedings.

What is the standard of proof for the prosecution?

Beyond reasonable doubt (so that the jury/magistrates are 'sure').

What is the standard of proof for the defence when they bear a legal burden (e.g., insanity)?

On the balance of probabilities.

Which statute governs the admissibility of hearsay evidence?

Criminal Justice Act 2003 (CJA 2003), $S.114$ to $S.117$.

What is the 'Res Gestae' exception to hearsay?

A common law exception (preserved by $S.118$) for statements made by a person emotionally overpowered by an event or relating to a physical/mental state.

Under CJA 2003 $S.98$, what is the definition of 'bad character'?

Evidence of a person's disposition towards misconduct, other than evidence relating to the facts of the offence or its investigation.

Name three of the seven gateways for admitting defendant bad character under $S.101$ CJA 2003.

(Choose three): agreement, adduced by defendant, important explanatory evidence, relevant to important matter in issue (propensity/untruthfulness), substantial probative value between co-defendants, correction of false impression, or attack on another's character.

What are the 'Turnbull guidelines' used for?

Cases depending wholly or substantially on disputed visual identification evidence.

What is the definition of a 'Child' versus a 'Young Person' in Youth Court?

A Child is aged $14\,\text{and under}$; a Young Person is at least $14\,\text{but under 18}$.

What is the maximum duration for a Detention and Training Order (DTO)?

$24\,\text{months}$ ($12\,\text{months}$ in custody and $12\,\text{months}$ supervision).

According to Sentencing Act 2020 $S.57$, what are the five purposes of sentencing?

Punishment, reduction of crime (deterrence), reform/rehabilitation, protection of the public, and reparation.

What is the maximum reduction in sentence for a guilty plea at the first stage of proceedings?

One-third ($33.3\%$).

What are 'Newton' principles regarding the burden of proof?

The burden is on the prosecution to prove their version of events beyond reasonable doubt during the hearing.

What is the maximum fine for a Level 4 offence?

$£2,500$.