Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
3 Cards in this Set
- Front
- Back
|
Hearsay Admissability |
CJA 2003, s.115: "a statement not made in oral evidence is admissible of a matter stated, BUT ONLY IF a) this act or any other statutory provision makes it admissible; b) any rule of law preserved by s.118 makes it admissible; c) all parties to the proceedings agree it is admissible; d) the court is satisfied it is in the interests of justice for it to be admissible. |
|
|
Bad Character Evidence |
Bad Character >> misconduct >> evidence of or a disposition towards the commission of an offence or other reprehensible behaviour - except when the facts which pertain to the misconduct are to do with the offence with which the defendant is currently being charged. Gateways: a) agreement of all parties; b) evidence adduced or elicited by the defendant; c) important explanatory evidence - witness d) important matter between prosecution and defence in issue; e) important matter issue between co-defendants; f) evidence to correct false impression; g) attack on another person's character. |
|
|
Allocation |
Summary: first hearing at magistrates court, followed by plea entry. If they plead not guilty a trial date is set. Either way: plea before venue, after which the first hearing is at the magistrates court which can either choose to convict under their jurisdiction or commit to the crown court. Under a Not Guilty plea, the venue is considered at the allocation hearing. Indictable only: crown court only. Allocation Hearing: - application of s.19 Magistrates Court Act ---- look at previous convictions ---- assess which venue is most suitable ---- assess the adequacy of the Magistrates' sentencing powers - consider allocation guidelines - consider sentencing guidelines |
