BSB Criminal Litigation flashcards

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

Arrest necessity test

PACE 1984 s.24 requires reasonable grounds to suspect an offence and that arrest is necessary for a s.24(5) purpose, such as preventing harm or ascertaining a name.

Detention review intervals

The first review of PACE detention is not later than 6 hours after detention is authorised; later reviews occur at intervals not exceeding 9 hours and are conducted by an inspector.

Pre-charge detention maximum

Detention without charge is normally limited to 24 hours; a superintendent may extend it to 36 hours for an indictable offence, and a magistrates' court may extend it to 96 hours.

Full Code Test

The Crown Prosecution Service charging test has two stages: evidential sufficiency, requiring a realistic prospect of conviction, and the public interest stage; both must be met.

Summary offence time limit

Information for a summary-only offence must normally be laid within six months of the offence; either-way and indictable-only offences have no equivalent statutory time limit.

Right to bail

Bail Act 1976 s.4 creates a general right to bail before conviction, subject to Schedule 1 exceptions; the court must give reasons when withholding bail.

Bail condition necessity

Conditions may be imposed only if necessary to secure surrender, prevent offending on bail, prevent witness interference, or protect the defendant; they must be proportionate.

Custody time limit

Common custody time limits are 56 days from first appearance to summary trial and 112 days from sending or committal to Crown Court trial; expiry requires release unless extended.

Failure to surrender

Failing to surrender to bail is an offence under s.6 Bail Act 1976; the court may remand in custody and treat the failure as an aggravating factor at sentence.

Remand in custody period

A magistrates' court may remand an accused in custody for a period not exceeding 8 clear days at a time, unless a statutory exception permits a longer period.

Prosecution disclosure test

CPIA 1996 s.3 requires disclosure of material that might reasonably be considered capable of undermining the prosecution case or assisting the defence case.

Defence statement contents

A Crown Court defence statement must identify the nature of the defence, disputed facts, legal points, and alibi particulars, including names and addresses of alibi witnesses.

Continuing disclosure duty

The prosecutor must keep disclosure under review throughout the proceedings and disclose further material if it later meets the CPIA disclosure test.

Public interest immunity

PII allows sensitive material to be withheld from the defence where the public interest in non-disclosure outweighs the interests of justice; the court decides the claim.

Unused material schedule

Investigators prepare schedules listing unused material, separating sensitive from non-sensitive items, so the prosecutor can assess disclosure under the CPIA Code of Practice.

Either-way allocation

In an either-way case, the magistrates decide whether summary trial is suitable; the defendant may consent to summary trial or elect Crown Court trial.

Indictable-only sending

Indictable-only offences are sent immediately to the Crown Court under s.51 Crime and Disorder Act 1998, without a plea before venue or allocation decision.

Committal for sentence

Magistrates may commit an either-way offender to the Crown Court for sentence under s.3 PCC(S)A 2000 where their sentencing powers are insufficient.

Plea before venue

At the first hearing of an either-way case, the defendant is asked to plead; a guilty plea permits summary sentence or committal for sentence.

Newton hearing

A Newton hearing resolves disputed facts after a guilty plea when the dispute is material to sentence; the prosecution must prove its version beyond reasonable doubt.

Hearsay definition

A hearsay statement is made outside court and relied on for its truth; it is inadmissible unless a CJA 2003 exception or the interests-of-justice gateway applies.

Bad character gateway

Defendant bad character is admissible only through a CJA 2003 s.101 gateway, such as agreement, important explanatory evidence, correction of a false impression, or propensity.

Confession exclusion

PACE s.76 requires exclusion of a confession obtained by oppression or in circumstances likely to make it unreliable; s.78 may also exclude it for unfairness.

Turnbull warning

Turnbull requires a special caution on identification evidence, directing the fact-finder to consider the circumstances of the identification and the risk of mistaken recognition.

Sentencing purposes

Sentencing Act 2020 s.57 identifies punishment, crime reduction, reform and rehabilitation, public protection, and reparation as the purposes of sentencing.

Guilty plea credit

Under Sentencing Act 2020 s.73, credit is normally one-third at the first stage and reduces as the case progresses; the court must state the credit.

Custodial threshold

A custodial sentence is justified only if the offence is so serious that neither a fine nor a community order can be justified, or statute requires custody.

Totality principle

When imposing consecutive sentences, the court must ensure the overall sentence is just and proportionate to the offending as a whole.

Magistrates appeal route

Appeal against conviction or sentence from a magistrates' court lies to the Crown Court under MCA 1980 s.108, with notice normally given within 21 days.

Case stated appeal

An appeal by case stated lies to the High Court under MCA 1980 s.111 on a point of law or excess of jurisdiction; it is not a re-hearing of facts.

Criminal Appeal notice

Appeal from the Crown Court to the Court of Appeal Criminal Division requires leave and notice, normally within 28 days of conviction or sentence.

CCRC referral

The Criminal Cases Review Commission may refer a conviction or sentence to the Court of Appeal where there is a real possibility it would not be upheld.