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Criminal Procedure Exam - Coggle Diagram
Criminal Procedure Exam
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Proof
Burden of Proof - This is on the prosecution unless in cases where specific reduction defences are used, e.g. insanity and diminished responsibility.
Standard of Proof - This must be "proved beyond all reasonable doubt" and that why must be satisfied that they are convinced.
Funding a criminal case
Types of Aid
"Legal Aid Agency"/Representation Order - it is provided by Article 6(3) ECHR and it provides a free solicitor/lawyer if the defendant cannot afford one.
Advice and Assistance PRE - This is information provided to the individual for all non-police work. It is paid at an hourly rate
Advice and Assistance POST - This is free for all suspects and provides legal information under s.58 of PACE.
Tests
Merits/Interests of Justice Test - Is it in the interests of justice to provide free legal aid? Must have lost liberty, reputation, inability to understand court proceedings.
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Means Test - This means they must not have the means to pay for legal representation, meaning that their disposable income must be under £3,398.
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Passporting - This is where they are under 18, they have universal credit, benefits - they will automatically pass the merits test.
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Inferences
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s.34 of the Criminal Justice and Public Orders Act - Failure to mention something that is later relied on in court.
s.36 of the Criminal Justice and Public Orders Act - Failure to account for weapons, substances, or marks at the scene of a crime.
s.37 of the Criminal Justice and Public Orders Act - Failure to account for a their location at a particular place or time.
Essay Questions
You would state that they should be compelled to answer but if they don't this might give inferences to the jury. and you would explain that.
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Witness Testimony
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Witness Criteria
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They must be over 18, be competent and compellable to tell the truth, they must not have any mental or physical disability that degrades the quality of the evidence given.
The test for witnesses is that they must be able to answer questions and give intellgible answers. This is under s.53(3) of the Youth Justice and Criminal Evidence Act.
The fact they must be competent and compellable is under s.54 of the Youth Justice and Criminal Evidence Act.
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Identification Evidence
PACE Code D 3.14
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States that you must use video identification evidence unless in circumstances where the other options (identification parade or group identification) are better suited.
Witness Identification
The witness description must be written down and legible, then it must be given to a solicitor.
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PACE Code D 3.4 - VIPER, group identification and the identification parade are the types they can use.
Special Caution
A special caution is where the suspect gets interviewed again if any marks, substances, or weapon is found at the scene of the crime.
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