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Criminal Litigation Revision Questions

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Criminal Litigation Revision Questions What are the three methods of commencing proceedings?

1. Written charge and requisition (for public prosecutions);

2. Laying information before prosecutor and issue of summons by a court (for private prosecutions or public where written charge not in force);

3. Arrest and charge by police

What are the grounds for the police arresting someone?

An arrest may be made if: (1) Defendant ('D') is about to commit a crime; (2) D is committing a crime; (3) There are reasonable grounds to believe D is about to commit a crime; or (4) There are reasonable grounds to believe D is committing a crime. However the arrest must be necessary to: (i) Ascertain D's name or address; (ii) Prevent D: i. Causing physical harm to himself or another; ii. Suffering physical harm; iii. Causing loss of/damage to property; iv. Committing an offence against public indecency; v. Causing an unlawful obstruction of a public highway; (iii) Protect a child or vulnerable person from D; (iv) Allow a prompt and effective investigation of the offence or conduct of D; or (v) Stop D disappearing. 36hrs within the powers of the police, and an addition 36hrs with permission of the Mags' (generally 2 lay justices). D may not be detailed more than 96hrs without charge!
Detention is required to: (i) Secure/preserve evidence relating to offence; or (ii) Obtain evidence by questioning suspect. This test is used until 24hrs. Same as initial test, with 2 added elements: (i) Offence is indictable; and (ii) Investigation is being done 'diligently and expeditiously'. This test is applied by Superintendent at 24hrs, and Mags' for giving 'warrant for further detention'. 1) D's name or address cannot be ascertained or those given by D are doubted; 2) Reasonable grounds for believing D will fail to surrender; 3) D is charged with an imprisonable offence and there are reasonable grounds for believing that D will commit further offences; 4) Reasonable ground to believe D will interfere with witnesses or attempt to prevent the course of justice; 5) Own protection In all situations, except where: (i) When being arrested; (ii) When being charged with an offence; (iii) After conviction unless: (a) Case is adjourned for PSR; (b) D is brought to court for breach of a community order/youth community order; (iv) D was on bail when he committed this offence, and this offence is triable either-way or on indictment; (v) D is charged with murder, manslaughter or other sexual offences (including rape) and has a previous conviction for one of these offences.

How long may D be detailed before charge?
What is the initial test for detaining D?

What test is applied at 24hrs?

On what grounds may D be kept in custody, rather than released on police bail, after charged?

When is there a presumption in favour of bail?

What is the maximum time D should spend in custody before trial?

What are the grounds for withholding bail if the offence is imprisonable?

What are the grounds for withholding bail is the offence is non-imprisonable offence?

What are common conditions for bail?

When can the prosecution appeal a bail decision?

How can a bail decision be appealed?

When is a PSR necessary?

In Mags' for summary offence: 56days, beginning from first appearance In Mags' for either-way offence: 70days, beginning from first appearance In Crown Court for either-way offence: 112days, beginning from date he was sent for trial by the Mags'. In Crown Court for indictable offence: 182days, beginning from date case was sent up by Mags'. The time ends with arraignment. (1) Substantial grounds for believing that if released D will: (a) Fail to surrender; (b) Commit offences while on bail; (c) Interfere with witnesses or attempt to pervert the course of justice; (2) Already serving a custodial sentence; (3) D has absconded already in the present proceedings; (4) Insufficient time for all the information to be obtained for a decision on bail to be made; and (5) Own protection. 1) Own protections 2) Already serving a custodial sentence; 3) Where D has been arrested for a bail offence in connecting with this case; 4) Where D has previously failed to surrender, and courts is satisfied that he would not surrender again. If objection is FTS:
? Security
? Surety
? Residence
? Reporting to a police station
? Electronic monitoring If objection is commit further offences:
? Stay in/out of a particular area
? Have no contract with particular person (witnesses generally)
? Curfew (if offence committed at night) 1) Imprisonable offence; 2) Prosecution conducted by CPS; 3) Prosecution opposed bail; 4) Prosecution gave oral notice of intention to appeal; 5) Notice confirmed in writing with 2hrs; and 6) Matter of grave concern; D can apply for bail in Crown Court if: 1) D has been commit for trail or sentence for either-way offence; 2) D has been sent to Crown Court for indictable offence; 3) Refused bail pending appeal against conviction or sentence from the Mags'; or 4) Where Mags' have refused a bail application. D can apply to the High Court if: 1) Mags' have stated a case for the opinion of the High Court and refused bail; 2) D is seeking judicial review on decision by Mags' and wants bail; or 3) Where Crown Court judge has refused bail in the course of proceedings there. Adults: It is a normal requirement in all cases, except where the court deems it unnecessary. Child: It is required unless there is a previous report already exists and the court have had regard to it (if more than one, must be the

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