Oral hearing revision

What is the starting point for bail?

Bail Act 1976, s.4: there is a general right to bail, subject to statutory exceptions.

What are the main grounds for refusing bail?

Bail Act 1976, Schedule 1: substantial grounds to believe the defendant may fail to surrender, commit further offences on bail, or interfere with witnesses or obstruct justice.

Name common conditional-bail requirements.

Residence, reporting to a police station, curfew, exclusion zones, non-contact conditions, surety and security, where justified.

What is a surety for bail?

A person promises to pay a specified sum if the defendant fails to surrender.

What is security for bail?

Money or property deposited or secured to help ensure the defendant surrenders.

What is the main statutory starting point for allocation?

Magistrates' Courts Act 1980, s.19, together with the Allocation Guideline.

What is the low-value shoplifting rule?

Under MCA 1980, s.22A, shoplifting involving goods valued at £200 or less is generally treated as a summary offence, subject to statutory provisions.

What is the third domestic burglary rule?

Sentencing Act 2020, s.314 provides a minimum three-year custodial sentence for qualifying adult offenders convicted of a third domestic burglary, subject to statutory requirements and exceptions.

What is PACE 1984, s.76 about?

The admissibility of confessions and mandatory exclusion where the statutory conditions for oppression or unreliability are established, unless the prosecution satisfies the relevant test.

What is PACE 1984, s.76(2)(a)?

A confession must be excluded if obtained by oppression unless the prosecution proves beyond reasonable doubt that it was not obtained in that way.

What does oppression mean under PACE s.76?

Oppression can include torture, inhuman or degrading treatment, and the use or threat of violence; the meaning depends on the statutory test and circumstances.

What does R v Fulling [1987] explain?

The meaning of oppression under PACE s.76(2)(a).

What is PACE 1984, s.76(2)(b)?

A confession must be excluded unless the prosecution proves beyond reasonable doubt that it was not obtained in consequence of something said or done likely, in the circumstances, to render it unreliable.

What is the difference between PACE s.76(2)(a) and s.76(2)(b)?

Section 76(2)(a) concerns oppression; s.76(2)(b) concerns circumstances likely to make a confession unreliable.

Does denying legal advice automatically make a confession inadmissible?

No. It may be relevant to Code C compliance, reliability under s.76 and fairness under s.78, depending on the facts.

What is PACE 1984, s.78?

The court may exclude prosecution evidence if admitting it would adversely affect the fairness of proceedings so much that it ought not be admitted.

What is the difference between PACE ss.76 and 78?

Section 76 specifically governs confessions and mandatory exclusion if its test is met; s.78 gives the court a broader discretion to exclude prosecution evidence for unfairness.

Does a breach of a PACE Code automatically make evidence inadmissible?

No. The breach is relevant, but exclusion depends on the applicable statutory test and circumstances.

What is PACE 1984, s.76A?

It governs using one accused's confession as evidence against a co-accused in the same proceedings.

What is PACE 1984, s.67(11)?

Courts must take relevant PACE Code provisions into account in criminal proceedings.

What is PACE Code C about?

Detention, treatment and questioning of suspects, including legal advice, appropriate adults, welfare and interview safeguards.

What is PACE Code B about?

Police searches of premises and seizure of property.

What is PACE Code D about?

Identification procedures and records.

What is PACE Code E about?

Audio-recording suspect interviews.

What is PACE Code F about?

Visual recording with sound of suspect interviews.

What is PACE Code G about?

The exercise of police powers of arrest.

What is PACE Code A about?

Stop-and-search powers and safeguards.

What is PACE Code H about?

Detention, treatment and questioning under terrorism-related provisions.

What is PACE Code I about?

Detention, treatment and questioning under relevant National Security Act 2023 provisions.

What is an appropriate adult?

A person who safeguards a juvenile or vulnerable suspect's rights and welfare and helps them understand the process.

Must a youth generally have an appropriate adult during police questioning?

Yes, subject to the specific requirements and exceptions in PACE Code C.

Does a youth's lack of an appropriate adult automatically exclude a confession?

No. It may support a challenge under PACE ss.76 or 78, depending on the circumstances and applicable test.

What should the defence examine when a youth is interviewed?

Age, understanding, appropriate-adult safeguards, access to legal advice, welfare, interview conditions and the reliability of any confession.

What does PACE Code C say about legal advice?

It safeguards access to legal advice for detained suspects; examine whether the suspect requested advice and whether the required opportunity was provided.

What should the defence argue if a vulnerable youth confesses without safeguards?

Identify the Code C issue, explain how it affected reliability or fairness, and apply the legal test under PACE s.76 and/or s.78.

What is R v Wilding [2010] relevant to?

The absence of an appropriate adult may be relevant to whether a confession was obtained in circumstances likely to render it unreliable.

What is R v Turnbull [1977] about?

The assessment of disputed visual identification evidence and the need for an appropriate jury warning where identification is disputed.

What factors affect identification quality under Turnbull?

Observation time, distance, lighting, obstruction, prior familiarity, description accuracy and the time between observation and identification.

Does a confident identification prove the defendant is guilty?

No. Confidence alone does not guarantee accuracy; the quality and circumstances of identification must be assessed.

What should the defence examine under PACE Code D?

Whether the identification procedure was required, properly conducted and recorded, and whether any irregularity affects reliability or fairness.

What is hearsay evidence?

An out-of-court statement relied on to prove the truth of what it asserts.

Is hearsay always inadmissible?

No. It is generally inadmissible unless a statutory gateway or recognised exception applies.

What does Criminal Justice Act 2003, s.114 provide?

Hearsay may be admitted through a statutory provision, preserved common-law rule, agreement of all parties or interests-of-justice gateway.

What does CJA 2003, s.116 cover?

Statements by unavailable witnesses, including witnesses who have died, if statutory conditions are satisfied.

What does CJA 2003, s.117 cover?

Business and other records that meet the statutory requirements.

What does CJA 2003, s.118 cover?

Preserved common-law exceptions to the hearsay rule, including certain res gestae statements.

What does CJA 2003, s.121 cover?

Restrictions concerning multiple hearsay.

What does CJA 2003, s.125 concern?

In Crown Court proceedings, stopping a case where hearsay evidence is so unconvincing that a conviction would be unsafe.

What does CJA 2003, s.126 concern?

Exclusion of hearsay evidence in specified circumstances.

What is R v Horncastle [2009] about?

The compatibility of hearsay evidence under the CJA 2003 with the right to a fair trial and the safeguards available.

What does Al-Khawaja and Tahery v UK concern?

Fair-trial safeguards when prosecution relies on statements from absent witnesses.

What is res gestae?

A preserved common-law exception that may admit statements so closely connected to an event that the circumstances provide sufficient reliability.

What is silence in criminal proceedings?

A failure to answer questions or give evidence; it is not automatically evidence of guilt.

What legislation governs adverse inferences from silence?

Criminal Justice and Public Order Act 1994, ss.34–37.

What does CJPOA 1994, s.34 cover?

An inference may be drawn where a defendant fails to mention a fact later relied on in their defence, after questioning under caution or when charged, if statutory conditions are met.

What does CJPOA 1994, s.35 cover?

An inference may be drawn where the defendant fails to give evidence at trial, subject to statutory safeguards.

What does CJPOA 1994, s.36 cover?

Failure to account for specified objects, substances or marks found on a person, clothing or possessions, if the statutory conditions are met.

What does CJPOA 1994, s.37 cover?

Failure to account for presence at a place at or about the time of the alleged offence, if statutory conditions are met.

Can a court draw an adverse inference from every instance of silence?

No. The relevant statutory conditions and safeguards must be satisfied.

What must be considered before drawing an inference under s.34?

Whether the suspect was questioned under caution, whether the fact was one they could reasonably have been expected to mention, and whether the other statutory conditions are met.

What is R v Cowan [1996] about?

The directions required when a jury is invited to draw an adverse inference from the defendant's failure to testify.

What does Condron v United Kingdom concern?

Adverse inferences from silence where defendants say they relied on legal advice; the circumstances and safeguards matter.

What is a Lucas direction?

A warning that an alleged lie does not automatically prove guilt and must be assessed carefully.

What does R v Lucas [1981] establish?

A lie can support guilt only where the relevant conditions are met, including that it was deliberate, material and motivated by guilt or fear of the truth.

Can a lie automatically prove guilt?

No. It may have an innocent explanation and cannot alone establish guilt.

What should the defence consider when a youth remains silent?

Whether the caution was understood, whether required appropriate-adult safeguards were followed, access to legal advice and whether the statutory inference conditions are met.

What is the burden and standard of proof in a criminal trial?

The prosecution generally bears the burden of proving guilt beyond reasonable doubt, expressed in modern directions as being sure of guilt.

What is bad character evidence?

Evidence of misconduct or a disposition towards misconduct, governed in relevant cases by the Criminal Justice Act 2003.

What does CJA 2003, s.101 cover?

The statutory gateways for admitting a defendant's bad character in criminal proceedings.

What does CJA 2003, s.100 cover?

Admission of non-defendant bad character evidence under statutory conditions.

What does CJA 2003, s.114(1)(d) mean?

Hearsay may be admitted if the court considers admission to be in the interests of justice, applying the statutory factors.

What is the purpose of the Youth Justice and Criminal Evidence Act 1999, s.41?

It restricts evidence or questioning about a complainant's sexual history in sexual-offence proceedings, subject to statutory exceptions.

What should a defence bail submission include?

The legal starting point, response to each alleged risk, relevant personal circumstances and proposed conditions.

What should a defence allocation submission include?

The offence classification, likely sentence, seriousness and complexity, then a reasoned argument for the appropriate trial venue.

What should an admissibility submission include?

The evidence challenged, the statutory provision or Code, the legal test, application to facts and the order sought.

What is the key difference between a confession challenge under s.76 and a fairness challenge under s.78?

Section 76 has specific mandatory exclusion tests for confessions; s.78 allows discretionary exclusion of prosecution evidence where admission would seriously harm fairness.

Paraghraph 3.4 Code D PACE

Where the suspect is known and available, the permitted identification procedures include video identification, an identification parade or group identification.

Paraghraph 3.3 Code D PACE

If the suspect is known and available, an eyewitness must not be shown photographs or similar images to identify them instead of using the prescribed procedures.

R v Beckles

establishes the authoritative two-stage test that a jury must apply when deciding whether to draw an adverse inference from a defendant's silence during a police interview, specifically when that silence was based on legal advice

s34 criminal justice and public order act

It can allow the court to draw an adverse inference where a defendant fails to mention a fact during a police interview under caution and later relies on that fact in their defence. The fact must be one they could reasonably have been expected to mention in the circumstances.