Criminal Litigation Flashcards
6 cards from real BPTC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Criminal Litigation flashcards as text
What does a 'Newton hearing' determine?
Answer: The factual basis for sentencing when the prosecution and defence dispute the facts after a guilty plea
A Newton hearing is a mini-trial in which the judge determines which version of the facts to adopt for sentencing purposes after a guilty plea.
Which section of PACE 1984 governs the admissibility of confessions?
Answer: Section 76
Section 76 PACE requires the court to exclude a confession if it was obtained by oppression or in circumstances likely to render it unreliable.
The 'Goodyear indication' allows a defendant to:
Answer: Ask the Crown Court judge for an indication of the maximum sentence on a guilty plea before deciding how to plead
A Goodyear indication gives defendants advance notice of the likely sentence ceiling so they can make an informed decision about whether to plead guilty.
Under the Sentencing Act 2020, which factor is a statutory aggravating feature?
Answer: The offence was motivated by racial hostility
Offences motivated by hostility based on race, religion, disability, sexual orientation, or transgender identity are statutory aggravating factors under the Sentencing Act 2020.
What is a 'Proceeds of Crime Act 2002' confiscation order designed to achieve?
Answer: Remove the financial benefit the defendant obtained from criminal conduct
A POCA 2002 confiscation order strips the defendant of their benefit from criminal conduct, making crime financially unprofitable.
A defendant charged with an indictable-only offence first appears in which court?
Answer: Magistrates' Court
Even indictable-only offences must first appear before the magistrates' court, which sends the case to the Crown Court under s.51 Crime and Disorder Act 1998.