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WorksheetsCriminal Practice Revision
Total questions: 11
Worksheet time: 8mins
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
Which topic in criminal practice do you feel least confident about? (This is simply to help shape what areas your tutor will go over with your group in the revision session)
