KSL ATP Criminal Litigation flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

PACE section 24 arrest

A constable may arrest without warrant if there are reasonable grounds to suspect an offence and arrest is necessary for a statutory reason, such as preventing harm or prompt investigation.

Section 58 PACE solicitor

A detainee has the right to consult a solicitor privately at any time; delay is permitted only for an indictable offence and on narrow grounds such as interference with evidence.

Custody review intervals

PACE requires the first review of police detention by an inspector no later than six hours after detention is authorised, with subsequent reviews at intervals not exceeding nine hours.

Duty to court

A solicitor must not mislead the court or allow the court to be misled, and this duty overrides the duty to act in the client's best interests.

Client confidentiality exceptions

Confidentiality survives the retainer but may be breached with client consent, under a court order, or where disclosure is necessary to prevent serious harm or a criminal act.

Conflict of interest

A solicitor must not act for two clients whose interests conflict; co-defendants with antagonistic defences ordinarily require separate representation because one defence may implicate the other.

Bail Act exceptions

The right to bail may be refused if there are substantial grounds to believe the defendant will abscond, commit an offence on bail, interfere with witnesses, or otherwise obstruct justice.

Remand custody limits

A magistrates' court may remand an accused in custody for periods not exceeding eight clear days before conviction, or up to three weeks after conviction for sentence.

Prosecution bail appeal

The prosecution may appeal a magistrates' grant of bail by giving oral notice at the hearing and written notice within two hours to the court and the defendant.

Full Code Test

CPS must apply the evidential stage, requiring a realistic prospect of conviction, and then the public interest stage before charging a suspect.

Allocation decision

For an either-way offence, magistrates decide whether to retain the case or send it to the Crown Court, considering their sentencing powers and the offence's seriousness.

Initial disclosure duty

Under the CPIA 1996, the prosecution must disclose unused material that might reasonably be considered capable of undermining the prosecution case or assisting the defence.

Six-month information limit

An information for a summary offence must be laid within six months of the offence unless a specific statute provides a different time limit.

Plea before venue

In an either-way case, the court first asks how the defendant pleads; a guilty plea allows summary sentencing or committal for sentence if powers are insufficient.

Magistrates sentencing powers

A magistrates' court may generally impose up to six months' imprisonment per offence and a maximum aggregate of twelve months for multiple either-way offences, with unlimited fines.

Sentencing purposes

The Sentencing Act 2020 lists punishment, reduction of crime through deterrence, reform and rehabilitation, protection of the public, and reparation to victims as the purposes of sentencing.

Guilty plea credit

A guilty plea normally attracts one-third credit at the first hearing, reducing to about one-quarter later and one-tenth at the trial door, reflecting the stage of plea.

Custodial threshold

A custodial sentence may be imposed only if the offence is so serious that neither a fine nor a community order can be justified, or if the offence requires such a sentence by law.

Ancillary orders

Sentencing courts may make orders including compensation, costs, victim surcharge, restraining orders, confiscation, disqualification, sexual harm prevention orders, and criminal behaviour orders alongside the main sentence.

Hearsay admissibility

Hearsay is a statement made out of court relied on for its truth; it is inadmissible unless a statutory exception, such as an unavailable witness or business record, applies.

Confession exclusion

A confession is inadmissible if obtained by oppression or in consequence of anything likely to render it unreliable; the court may also exclude it under section 78 if fairness is affected.

Bad character gateways

Under the Criminal Justice Act 2003, bad character may be admitted through gateways including important explanatory evidence, propensity, context, attack on another's character, or agreement of the parties.

Sexual history restriction

Section 41 of the Youth Justice and Criminal Evidence Act 1999 restricts evidence of a complainant's sexual history; leave is required and the evidence must relate to a relevant issue in the case.

Majority jury verdict

After at least two hours of deliberation, a Crown Court jury may return a majority verdict of ten to two or eleven to one; unanimous verdicts remain preferable.

Voir dire purpose

A voir dire is a trial within a trial held in the jury's absence to determine the admissibility of evidence, commonly a disputed confession or identification evidence.

Galbraith submission

At the close of the prosecution case, the judge may withdraw the case from the jury if the evidence is so tenuous that no reasonable jury could properly convict.

Appeal notice period

An appellant must normally give notice of appeal within twenty-eight days of conviction or sentence; the Court of Appeal may extend time in exceptional circumstances.

Unsafe conviction test

The Court of Appeal must allow an appeal against conviction if it considers the conviction unsafe, and may dismiss it if no substantial miscarriage of justice occurred.

Case stated appeal

A party may appeal a magistrates' court decision to the High Court by case stated on a point of law or jurisdiction, generally within twenty-one days.

Age of criminal responsibility

In England and Wales, a child under ten cannot be guilty of a criminal offence; from age ten, criminal responsibility applies, subject to the youth justice regime.

Youth court reporting restrictions

The youth court may impose automatic reporting restrictions under section 49 of the Children and Young Persons Act 1933, protecting the identity of defendants and witnesses under eighteen.

Special measures witnesses

Special measures for vulnerable or intimidated witnesses include screens, live links, video-recorded evidence-in-chief, pre-recorded cross-examination, intermediaries, and communication aids, subject to the court's approval.