Criminal Practice Revision

CCTV, and forensic evidence such as DNA or fingerprints, constitute which form of evidence?

• Live oral testimony

• Documentary

• Real

• Expert opinion

If they are to reliably give live oral testimony at trial, what would somebody usually give?

• Hearsay remarks

• Witness statement

• Press interview

• Expert opinion

Assessing the strength of the prosecution evidence against D requires weighing the evidence the police possess against what?

• The elements of the offence

• A common sense test

• s.34 of PACE 1984

• s.34 of CJPOA 1994

Where D has informed you of a version of events that mean he is not liable, what may D need to do to rebut the prosecution evidence at trial?

• Give evidence himself

• Fabricate a version of events which would mean he is not guilty if believed

• Ask for an alibi from you

• Get a friend or other acquaintance to lie about his whereabouts at the time of the alleged offence

Protecting D's position entails

• Advising him to plead G where he would not be liable because he may end up with a lesser sentence which could be a strategic advantage

• Suggesting different things he could say to escape conviction

• Advising him to plead NG if his version of events means he would not be liable under the elements of the offence or has a defence

• Telling lies on his behalf in order to secure an acquittal so you will be a desirable defence lawyer

When making charging decisions, how does the CPS define a realistic prospect of conviction?

• More likely than not

• Quite likely

• 40%

• At least 75% probability

Why might the Magistrates court deem a case suitable for summary trial, even though they believe D would receive a sentence in excess of their powers if convicted?

• To save time and money

• Because they can always commit the case for sentence in the Crown Court if need be

• If D elects summary trial

• Because they have particular experience of trying that kind of crime and so would be better placed to deal with the matter than a randomly selected jury

It may be advisable for D to elect for trial in the Crown Court if (select all that apply)

• Whether he is convicted matters more to him than what his sentence will be

• Whether he receives a lesser sentence matter more to him than whether he is convicted or not

• If he prefers a quick outcome

• If he can afford it or is legally aided

What are the risk factors the court is concerned about if D is granted release on bail? (Select all that apply)

• He will pose a danger to the general public

• He will fail to surrender to custody

• He will commit further offences

• He will interfere with witnesses or otherwise obstruct the course of justice

Which of these are not amongst the considerations in para.9 to Sch.1 of the Bail Act?

• The seriousness of the offence

• D's character and criminal record

• The wishes of the complainant

• D's ties to the local area

• The strength of the case against him