Criminal litigation and evidence
Criminal process - correct answer-Part of the state response to crime... it is the mechanism
that allows the state to apply the criminal law to its citizens
Criminal Procedure - correct answer-The function of criminal procedure is to regulate and
facilitate the preparation of cases for trial
External values - correct answer-Use of lay fact finders;
An adversarial system;
Impact of European Convention of Human Rights
Internal factors - correct answer-Equality;
Legitimate verdict
Herbert Packer - correct answer-Crime control;
Due process
Magistrates Court - correct answer-Issues search and arrest warrants.
Issues warrants of further detention under PACE.
Tries summary and some either way offences.
Commits some offenders to the crown court for sentencing.
Deals with applications for bail.
Breach of PACE - correct answer-Prosecution;
Civil proceedings;
Disciplinary proceedings;
Exclusion of evidence obtained.
S.78 PACE - correct answer-Discretion to exclude evidence where it would have 'such an
adverse effect on the fairness of the proceedings that the court ought to exclude it'
R v Keenan - correct answer-Breach has to be 'significant and substantial'
Identification procedures - correct answer-Where the police do not have a suspect, they may
show a witness photographs but they must be shown in batches of 12.
Code D paragraph 3.2 - correct answer-Power to take the witness to a particular place to
see if the witness is able to identify the person they saw on an earlier occasion.
R v Kelly
Code D paragraph 3.3 - correct answer-A witness should not be shown photographs or other
likenesses if the person believed to have committed the offence if the suspect's identity is
already known to the police.
,Code D paragraph 3.4 - correct answer-Where the suspect is available one of the formal
methods of identification should be used
Code D paragraph 3.12 - correct answer-When a witness has already identified the suspect,
or where a witness is available to take part in an identification procedure and the suspect
disputes the witness's claim an identification procedure shall be held unless it is not
practicable or will serve no useful purpose.
R v Forbes - correct answer-Forbes direction given where a positive identification obtained
from a breach of Code D.
Forbes direction - correct answer-Judge should:
Explain the breach and how it has arisen;
Invite the jury to consider the possible effect of the breach and give such weight as they
think fit.
R v Gorja; R v Dhir - correct answer-Alibi, further identification procedure
Not a question of whether holding an identification procedure was desirable but there is a
positive obligation to hold one.
R v Harris - correct answer-Known to the victim, had attended the same school; disputed
identification.
H v DPP - correct answer-Victim had known his aggressor well for a period of 18 months
and the assault lasted for 7 minutes.
HC v Home Secretary - correct answer-Treating 17 year olds in the police station as if they
were adults was unlawful
Code C amended - para 1.5A.
S.37(15) a juvenile is anyone who is or appears to be under 18.
Deaf suspects - correct answer-Code C paragraph 13.5
Article 6(3)(d)/ it is a right for the defendant to be able to cross examine any witness against
him.
CrimPR 3.2 - duty of court to ensure evidence is efficiently presented.
R v B - barrier prevented for exercising right to cross examine.
Legal aid - correct answer-The Legal Aid, Sentencing and Punishment of Offenders Act-
abolished legal services commission and introduced Legal Aid Agency.
S.12(1) Access to Justice Act- purpose of the Criminal Defence Service is to secure
individuals have access to such advice, assistance, and representation as the interests of
justice require.
Applying for legal aid - correct answer-Means test
Interests of justice test
Means test - correct answer-The defendant will automatically receive legal aid if they are
under 18 or receive certain benefits.
, Interests of justice test - correct answer-Article 6(3)(a)
Five factors
(a) loss of liberty or livelihood or serious damage to reputation.
(b)substantial question of law.
(c) unable to understand proceedings or state his case.
(d) tracing, interviewing or expert cross-examination of a witness.
(e) in the interests of another person that the individual be represented.
IDPC - correct answer-Rule 8.1 - all defendant charged with an offence are now entitled to
receive IDPC.
Rule 8.3- (a) summary of the circumstances of the defence.
(b) any written statement law given by prosecution witnesses and exhibits relevant to
allocation.
(c)any account given by defendant in interview.
(d) defendants criminal record.
(e) available statement of the effect on the victim.
Allocation - correct answer-Either way offences
S.19(3) Magistrates Court Act requires court to consider:-
Magistrates power to impose an adequate sentence.
Any representations made by the prosecution or accused.
If too serious, the case will immediately be sent to the Crown Court under s.51(1) Crime and
Disorder Act.
Bail - correct answer-S.4 and Schedule 1 Bail Act- presumption of bail being granted.
(a) all defendants prior to conviction
(b) defendants who have been convicted if their case has been adjourned before sentencing.
The presumption doesn't apply to defendants who:-
(a) have been committed to the Crown Court for sentence by the magistrates.
(b) are appealing against conviction or sentence.
S.25 Criminal Justice and Public Order Act - correct answer-If the defendant is charged with
a specified offence and has previously been convicted of any such offence, a court can grant
bail to that defendant only in exceptional circumstances.
Specified offences - murder, attempted murder (s114,115 bail act), manslaughter, rape,
attempted rape, other sexual offences.
Bail Act schedule 1 part 1 - correct answer-A defendant need not be granted bail if the court
is satisfied that there are substantial grounds for believing that the defendant released on
bail would-
(a) fail to surrender to custody; or
(b) commit an offence whilst on bail; or
(c) interfere with a witness or otherwise obstruct the course of justice.
Bail- the court must consider - correct answer-(a) the nature and seriousness of the offence;
(b) the character,antecedents, associations and community ties of the defendant;
(c) the defendant's record in respect of previous grants of bail;
Criminal process - correct answer-Part of the state response to crime... it is the mechanism
that allows the state to apply the criminal law to its citizens
Criminal Procedure - correct answer-The function of criminal procedure is to regulate and
facilitate the preparation of cases for trial
External values - correct answer-Use of lay fact finders;
An adversarial system;
Impact of European Convention of Human Rights
Internal factors - correct answer-Equality;
Legitimate verdict
Herbert Packer - correct answer-Crime control;
Due process
Magistrates Court - correct answer-Issues search and arrest warrants.
Issues warrants of further detention under PACE.
Tries summary and some either way offences.
Commits some offenders to the crown court for sentencing.
Deals with applications for bail.
Breach of PACE - correct answer-Prosecution;
Civil proceedings;
Disciplinary proceedings;
Exclusion of evidence obtained.
S.78 PACE - correct answer-Discretion to exclude evidence where it would have 'such an
adverse effect on the fairness of the proceedings that the court ought to exclude it'
R v Keenan - correct answer-Breach has to be 'significant and substantial'
Identification procedures - correct answer-Where the police do not have a suspect, they may
show a witness photographs but they must be shown in batches of 12.
Code D paragraph 3.2 - correct answer-Power to take the witness to a particular place to
see if the witness is able to identify the person they saw on an earlier occasion.
R v Kelly
Code D paragraph 3.3 - correct answer-A witness should not be shown photographs or other
likenesses if the person believed to have committed the offence if the suspect's identity is
already known to the police.
,Code D paragraph 3.4 - correct answer-Where the suspect is available one of the formal
methods of identification should be used
Code D paragraph 3.12 - correct answer-When a witness has already identified the suspect,
or where a witness is available to take part in an identification procedure and the suspect
disputes the witness's claim an identification procedure shall be held unless it is not
practicable or will serve no useful purpose.
R v Forbes - correct answer-Forbes direction given where a positive identification obtained
from a breach of Code D.
Forbes direction - correct answer-Judge should:
Explain the breach and how it has arisen;
Invite the jury to consider the possible effect of the breach and give such weight as they
think fit.
R v Gorja; R v Dhir - correct answer-Alibi, further identification procedure
Not a question of whether holding an identification procedure was desirable but there is a
positive obligation to hold one.
R v Harris - correct answer-Known to the victim, had attended the same school; disputed
identification.
H v DPP - correct answer-Victim had known his aggressor well for a period of 18 months
and the assault lasted for 7 minutes.
HC v Home Secretary - correct answer-Treating 17 year olds in the police station as if they
were adults was unlawful
Code C amended - para 1.5A.
S.37(15) a juvenile is anyone who is or appears to be under 18.
Deaf suspects - correct answer-Code C paragraph 13.5
Article 6(3)(d)/ it is a right for the defendant to be able to cross examine any witness against
him.
CrimPR 3.2 - duty of court to ensure evidence is efficiently presented.
R v B - barrier prevented for exercising right to cross examine.
Legal aid - correct answer-The Legal Aid, Sentencing and Punishment of Offenders Act-
abolished legal services commission and introduced Legal Aid Agency.
S.12(1) Access to Justice Act- purpose of the Criminal Defence Service is to secure
individuals have access to such advice, assistance, and representation as the interests of
justice require.
Applying for legal aid - correct answer-Means test
Interests of justice test
Means test - correct answer-The defendant will automatically receive legal aid if they are
under 18 or receive certain benefits.
, Interests of justice test - correct answer-Article 6(3)(a)
Five factors
(a) loss of liberty or livelihood or serious damage to reputation.
(b)substantial question of law.
(c) unable to understand proceedings or state his case.
(d) tracing, interviewing or expert cross-examination of a witness.
(e) in the interests of another person that the individual be represented.
IDPC - correct answer-Rule 8.1 - all defendant charged with an offence are now entitled to
receive IDPC.
Rule 8.3- (a) summary of the circumstances of the defence.
(b) any written statement law given by prosecution witnesses and exhibits relevant to
allocation.
(c)any account given by defendant in interview.
(d) defendants criminal record.
(e) available statement of the effect on the victim.
Allocation - correct answer-Either way offences
S.19(3) Magistrates Court Act requires court to consider:-
Magistrates power to impose an adequate sentence.
Any representations made by the prosecution or accused.
If too serious, the case will immediately be sent to the Crown Court under s.51(1) Crime and
Disorder Act.
Bail - correct answer-S.4 and Schedule 1 Bail Act- presumption of bail being granted.
(a) all defendants prior to conviction
(b) defendants who have been convicted if their case has been adjourned before sentencing.
The presumption doesn't apply to defendants who:-
(a) have been committed to the Crown Court for sentence by the magistrates.
(b) are appealing against conviction or sentence.
S.25 Criminal Justice and Public Order Act - correct answer-If the defendant is charged with
a specified offence and has previously been convicted of any such offence, a court can grant
bail to that defendant only in exceptional circumstances.
Specified offences - murder, attempted murder (s114,115 bail act), manslaughter, rape,
attempted rape, other sexual offences.
Bail Act schedule 1 part 1 - correct answer-A defendant need not be granted bail if the court
is satisfied that there are substantial grounds for believing that the defendant released on
bail would-
(a) fail to surrender to custody; or
(b) commit an offence whilst on bail; or
(c) interfere with a witness or otherwise obstruct the course of justice.
Bail- the court must consider - correct answer-(a) the nature and seriousness of the offence;
(b) the character,antecedents, associations and community ties of the defendant;
(c) the defendant's record in respect of previous grants of bail;
