Exam (elaborations)
Criminal Litigation and Evidence.
- Course
- Institution
Criminal Litigation and Evidence.
[Show more]
Seller
Follow
modockochieng06
Content preview
Criminal Litigation and EvidenceFunding Criminal Cases - correct answer-- Criminal Defence Service
- LSC
- 'Interests of justice'
- Benefits, under 16 or U18 in Ed automatically Q
Crim Pro Rules 2012 - OO - 'justly' inc: - correct answer-- acq innocent and convicting guilty
- dealing with P and D fairly
- recognising rights of D under art 6
- respecting interests of WS, V's and jurors
- dealing with case efficiently and expeditiously
- ensuring appropriate info given re: bail and sentence
Active case management powers includes: - correct answer-- identifying real issues at early
stage
- identifying needs of WS at early stage
- setting timetable for progress of case (and monitoring compliance)
- ensuring evidence presented in succinct/clear way
- encourage cooperation
- encourage technology
Who do the PACE Codes apply to? - correct answer-- Apply to police officers and other
persons charged with investigating or charging offenders e.g. SFO, LA officials.
2 Essential elements of power of arrest: - correct answer-- actual, suspected or attempted
involvement in criminal offence
- reasonable grounds for believing arrest is necessary
A constable may arrest without warrant (4 marks) - correct answer-(a) anyone who is about
to commit an offence;
(b) anyone who is in the act of committing an offence;
(c) anyone whom he has reasonable grounds for suspecting to be about to commit an
offence;
(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.
The reasons why arrest without warrant may be 'necessary' include (6 marks): - correct
answer-(a) to enable name of person in question to be ascertained;
(b) correspondingly as regards the person's address;
(c) to prevent the person in question: e.g. causing physical injury, suffering physical injury,
causing loss of or damage to property or committing an offence against public decency)
(d) to protect a child or other vulnerable person;
(e) to allow the prompt and effective investigation of the offence or of the conduct of the
person in question;
(f) to prevent disappearance
,Name essential element when 'citizen's arrest' might be appropriate - correct answer-- HAS
to be indictable offence
(reasons why necessary are similar to PC arrest without warrant, just include CFO and
prevent disappearance)
A person is arrested by (3 marks): - correct answer-1. being informed by PC that under
arrest
2. being physically seized
3. words and conduct make clear that force may be used to prevent person from leaving
(liberty)
Person arrested must be (words/actions of PC): - correct answer-- told reasons for arrest
and any charge against them;
- taken to police station as soon as reasonably practicable
In order for CPS to prosecute, cases must (2 marks): - correct answer-- have sufficient
evidence;
- be in the public interest
In relation to what cases MUST the CPS make charging decisions (2 marks): - correct
answer-- all indictable only offences
- certain either way offences
(for other offences custody officer permitted to make decision)
If CPS or custody officer decide NOT to charge suspect, the person MUST be (1 mark): -
correct answer-informed in writing
After how long must a person usually be released or charged? - correct answer-24 hours
After X hours (another Q) suspect must be released or charged unless (4 marks): - correct
answer-1. continued detention authorised by officer of at least rank of superintendent
2. under arrest for indictable offence
3. authorising officer considers continued detention necessary for: securing/preserving
evidence, obtaining evidence from Q of suspect
4. reasonable grounds to believe investigation being conducted expeditiously and diligently
After how many hours must a suspect be released unless warrant of further detention issued
by MC? - correct answer-Max 36 hours
How many hours extension may MC grant warrant of further detention for and what are
necessary conditions to grant (5 marks)? - correct answer-- further 36 hours
- at least 2 Mags
- app on oath and supported by written evidence
- suspect present in court
- indictable offence
Having already extended detention once, MC may authorise further extension after 72 hours
detention - what is maximum period can detain in any event? - correct answer-96 hours
,Administratively, criminal proceedings started by (2 marks): - correct answer-- issuing a
'written charge' (charging suspect with offence);
- issuing a 'requisition' req. suspect to appear before MC
Instead of using a requisition or summons, a warrant of arrest may be used which should
contain (5 marks): - correct answer-- name of the court
- name/address of accused
- offence alleged
- signature of Mag
- if warrant 'backed for bail' - conditions of bail imposed
Information and summons should include (3 marks): - correct answer-- statement of offence
describing it in ordinary language
- identify any legislation which creates offence
- such particulars of offence as make clear what prosecutor alleges against D
Formal caution when (3 marks): - correct answer-- sufficient evidence to justify prosecution
- offender MUST admit his/her guilt
- offender agrees caution, aware may be referred to in court in future
Define conditional caution (4 marks): - correct answer-- sufficient evidence;
- offender admits guilt
- signs doc which sets out condition(s) attached to caution;
- person understands if condition(s) breached then may be prosecuted for the offence
A PC effecting an arrest of a person may search him or her if: - correct answer-he has
reasonable grounds for believing that the person may present a danger to himself or to
others
Custody officer's duties (particularly to vulnerable persons) when suspect arrives at station
(3 marks): - correct answer-- inform of right to consult solicitor and to examine Codes of
Practice;
- determine whether suspect in need of medical treatment or attention;
- determine whether suspect requires appropriate adult or interpreter
When and why must a person be cautioned (4 marks)? - correct answer-When: (reasonable)
'grounds to suspect' a person of an offence, must be cautioned BEFORE questioning
Why: So that answers and/or silence can be adduced in evidence before the court
Person detained has 3 important rights in the police station: - correct answer-- right to see a
solicitor;
- right to have someone informed;
- right to consult the Codes
What is the difference between adjournments and remands? - correct answer-Adjournment -
case/hearing postponed to an open or fixed date
, Remand - when case unconcluded, decision as to whether suspect remanded in custody
until next hearing or bailed (D 'remanded' either way)
Under LASPOA, what test must the court consider when considering remanding a suspect in
custody? - correct answer-'No real prospect' (that the D would receive a custodial sentence if
convicted) test
What are X and Y in the following:
D who is kept in custody on an indictable offence which is going to the CC must usually be
sent for trial within X days of Y
Also, what must happen if deadline not met? - correct answer-X - 70 days
Y - first appearance in court (Mags)
If deadline not met, D MUST be released on bail
Insert Y and Z:
D who is kept in custody on an summary only offence which is going to the CC must be sent
for trial within Y days of Z. - correct answer-Y - 56 days
Z - first appearance in court (Mags)
Once an either-way offence is sent to the CC for trial what is the max amount of days a D
can be remanded in custody before trial? - correct answer-112 days
For indictable-only offences what is the maximum amount of time that D can be remanded in
custody between first appearance in Mags and start of CC trial? - correct answer-182 days
For Ds remanded in custody, at what procedural stages does time start and stop running? -
correct answer-Start - Day after date of first appearance in Mags
Stop - date of arraignment
Remand - MC- Before conviction (insert A-E):
A clear days in police custody
B clear days in prison custody (exception where triable either way is to be tried by MC but
they cannot convene in time then remand until they can convene)
C days in prison custody if D is in court, and has previously been remanded in custody for
this offence.
D clear days in prison custody if D has at least that long still to serve on a current custodial
sentence.
E if both the P and D agree on bail - correct answer-A - 3
B-8
C - 28
D - 28
E - Any period
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller modockochieng06. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
73314 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now