Criminal Litigation Flashcards

Under section 3 of the Criminal Procedure and Investigations Act 1996 (CPIA), what is the prosecution's initial disclosure obligation?

Answer: To disclose unused material that might reasonably be considered capable of undermining the prosecution case or assisting the defence case

Section 3 of the CPIA 1996 requires the prosecutor to disclose unused material that in their opinion might reasonably be considered capable of undermining the prosecution case or of assisting the case for the accused.

Under section 101 of the Criminal Justice Act 2003 (CJA 2003), how may evidence of a defendant's bad character be admitted?

Answer: Through one of the seven statutory gateways set out in section 101(1) of the CJA 2003

Section 101(1) of the CJA 2003 sets out seven gateways through which bad character evidence of a defendant may be admitted, including where it is relevant to an important matter in issue or where the defendant has made an attack on another person's character.

Under section 5 of the CPIA 1996, what must a defence statement served in Crown Court proceedings contain?

Answer: The nature of the defence, any point of law the defendant wishes to take, and details of any alibi

Section 5 of the CPIA 1996 requires the defence statement to set out the nature of the defence, indicate the matters of fact on which the defendant takes issue with the prosecution and why, and give particulars of any alibi.

Under sections 43 and 44 of the Police and Criminal Evidence Act 1984 (PACE), what is the absolute maximum period a suspect may be detained without charge in connection with a serious offence?

Answer: 96 hours

Under PACE 1984, the ordinary detention limit is 24 hours, extendable to 36 hours by a superintendent; thereafter a magistrates' court may issue a warrant of further detention, with an absolute maximum of 96 hours from the relevant time.

Under the Youth Justice and Criminal Evidence Act 1999, what are 'special measures' in criminal proceedings?

Answer: Procedural measures available to vulnerable or intimidated witnesses to help them give their best evidence, such as live link, screens, and video-recorded evidence

Sections 16–33 of the Youth Justice and Criminal Evidence Act 1999 provide a range of special measures, including live link, screens, video-recorded evidence-in-chief, and intermediaries, to assist eligible witnesses in giving their best evidence.

Under section 114(1)(d) of the Criminal Justice Act 2003, when may hearsay evidence be admitted as a matter of the court's residual discretion?

Answer: Where the court is satisfied that it is in the interests of justice for the statement to be admitted, having regard to the factors in section 114(2)

Section 114(1)(d) of the CJA 2003 provides a residual inclusionary discretion allowing hearsay to be admitted where the court is satisfied it is in the interests of justice, taking into account the non-exhaustive factors listed in section 114(2).

Under section 11 of the CPIA 1996, what are the consequences if a defendant fails to serve a defence statement within the prescribed period in Crown Court proceedings?

Answer: The court may draw adverse inferences, and the prosecution and co-defendants may comment on the failure at trial

Section 11 of the CPIA 1996 provides that if the defendant fails to serve a defence statement in time, serves one late, or departs from it at trial, the court or any other party may make such comment as appears appropriate and the court may draw adverse inferences.