Criminal (1)
Terms
undefined, object
copy deck
- What must the Crown prove in our adversarial system of justice?
- Beyond reasonable doubt
- What do the police require to arrest an individual?
- Reasonable grounds
- Who will the prosecuting authority be for the purpose of an arrested person?
- The Crown Prosecution Service (CPS).
- When will the CPS charge someone with an offence?
- Where there is a reasonable prospect of success.
- What does the individual become once charged?
- A defendant
- Who calls its evidence first?
- The prosecution.
- What must the prosecution prove?
- That there's a case to answer.
- What can the defence claim subject to the case put forward by the prosecution?
- The defence could claim that there's no case to answer depending on the strength of the evidence put forward by the prosecution.
- What are the two courts of first instance?
- The Magistrates' Court and the Crown Court.
- What are the four appeal courts?
-
(1) Crown Court
(2) Divisional Court
(3) Court of Appeal
(4) Supreme Court - What happens if the D pleads guilty?
- Move to sentencing
- Who can hear indictable offences?
- Only the Crown Court. The D will appear in the Mag Court and be sent straight to the Crown Court.
- What matters might be dealt with in the Mag Court in relation to a indictable offence?
- Bail and funding.
- What are indictable only offences?
- The most serious
- What will happen if the D pleads not guilty?
- There will need to be a case management meeting.
- What is the maximum sentence that the court can impose for the purpose of summary only offences?
- 6 months
- What will be dealt with at the first appearance at the Mag Court?
-
Funding
Bail
Plea
- If a person pleads guilty in the Mags court what will the Mags move onto?
- Sentencing
- What if a person pleads not guilty?
- A trial will be fixed.
- What might be obtained before sentencing?
- Pre-sentence report
- How do statutes refer to either way offences?
- As indictable offences (this encompasses both E/W and indictable offences)
- For the purpose of an EW offence, what will be dealt with in the Mags court?
- Bail and funding
- What is the name of procedure for the purpose of hearing an EW offence in the Mags court?
- Plea before venue
- What will the Mags court consider if a D pleads not guilty to an EW offence?
- The Mags will consider where they think the appropriate venue will be for the trial of the D to take place? Mags - limited sentencing powers. Crown - greater powers.
- What are the maximum sentencing powers for the Mags?
-
Summary - 6
E/W - 6
2 or more EW = 12 months
Absolute maximum - What are the maximum sentencing powers for the Crown Court?
- Depends on statute
- What is the overriding objective?
- To deal with cases justly
- To comply with the overriding objective, what will the court take into account to determine whether cases are dealt with justly?
-
(1) Fairly
(2) Efficiently
(3) Gravity
(4) Complexity
(5) Severity - What directions can the court make for the purpose of sanctions?
-
(1) Financial penalties
(2) Refuse to admit evidence
(3) Inferences can be drawn - In terms of applying O(3.5) in criminal, do O(3.6) or O(3.7) ever apply?
- Categorically no.
- What should you look out for in terms of conflict of interest?
-
(1) People in relationships - father and son?
(2) Where one is significantly older than another. - When can you as a solicitor defend a guilty client (and you know he's guilty because he's told you)?
-
(1) If he pleads guilty; or
(2) If its a case of putting the prosecution to proof. - What about a client who is innocent but wishes to plead guilty?
- Client is entitled to plead guilty. However, you made to very careful about the way you address the court in mitigation.
- When representing a client that you know to be innocent, what must you not do?
- Cannot in anyway suggest that the prosecution's account of events is incorrect.
- How should you structure a conduct related to problem?
-
(1) Identify the issue;
(2) The mandatory principles;
(3) Id the chapter of the code;
(4) what outcomes must be achieved;
(5) What IBs assist you;
(6) Apply to the facts and conclude; and
(7) What action should you take. - Does your duty to the court require you to breach legal professional privilege?
- No. This must never be disclosed unless your client gives his consent.
- What must you do if you have no instructions from your client and he/she cannot be traced?
- All you can say to the court is that you cannot comply with the directions that have been given. You must immediately send a letter to your client and confirm that you will no longer be able to represent your client.