Criminal Law and Practice Flashcards

Under the Police and Criminal Evidence Act 1984, what is the maximum period a person can be detained without charge before a Superintendent's extension is required?

Answer: 24 hours

PACE s.41 provides that detention without charge must not exceed 24 hours, after which a Superintendent must authorise a further period up to 36 hours.

What is the mens rea required for murder under English law?

Answer: Intention to kill or cause grievous bodily harm

Murder requires proof that the defendant intended either to kill or to cause grievous bodily harm, as confirmed in R v Moloney [1985].

Which court deals with summary-only offences in England and Wales?

Answer: Magistrates' Court

Summary-only offences, such as most motoring offences, are tried exclusively in the Magistrates' Court before magistrates or a District Judge.

What is the defence of 'loss of control' under the Coroners and Justice Act 2009?

Answer: A partial defence to murder where the defendant lost self-control due to a qualifying trigger

Loss of control under ss.54–56 CJA 2009 is a partial defence reducing murder to manslaughter, available when the defendant lost self-control triggered by fear of serious violence or circumstances of an extremely grave character.

Under the Theft Act 1968, which element is NOT required to establish theft?

Answer: Violence or threat

Theft under s.1 Theft Act 1968 requires appropriation of property belonging to another, dishonestly and with intent to permanently deprive — violence is not an element.

What is a 'Newton hearing' in criminal proceedings?

Answer: A hearing where the judge resolves factual disputes relevant to sentencing after a guilty plea

A Newton hearing takes place after a guilty plea where the prosecution and defence disagree on the factual basis, allowing the judge to determine the facts for sentencing purposes.