Have improved knowledge of how to review, analyse and present cases for a bail application and to oppose adjournment applications
|
|
- Roberta Jacobs
- 5 years ago
- Views:
Transcription
1
2 Have improved knowledge of how to review, analyse and present cases for a bail application and to oppose adjournment applications Better awareness of witness care and handling of exhibits How to manage a common disclosure issue How to oppose adjournments How to accept guilty pleas and role in the sentencing process
3 Likely issues Admissibility of evidence Is there evidence which may support or detract from the reliability of a confession? What explanation has the defendant given? Is the court likely to find that credible in light of the evidence as a whole? Will the identity of the defendant be questioned? Is the evidence about this strong enough? Is the witness s background likely to weaken the prosecution case? Does the witness have a motive? Previous convictions? Accuracy or credibility of a witness. Is there any other evidence which could detract from or support the witness s account of events? Do you wish to pursue any of the above via other lines of enquiry or other witnesses?
4 Discuss Liaison with Police Working with police from an early stage helps to focus and direct the case and avoid delay. Ensuring all lines of enquiry have been pursued. Ensuring best evidence obtained. Building professional relationships between agencies.
5 Decision to Prosecute Evidential Test Public Interest Test See Form 1 Conspiracy or PWITS
6 ISSUES Joint possession conspiracy? Mr Green credible account Significance of the Note/paraphernalia Telephone Evidence Admissible Attribution Hearsay What does it show?
7 knew of the presence of the drugs and had some control over them and/or that he was a participant in their possession by being party to a joint enterprise with the other party: Searle [1971] Crim LR 592, Conway and Burker [1994] Crim LR 826. In relation to a car, if a person was the user or driver of the car, then, depending on all the circumstances, knowledge maybe inferred (R v Strong and Berry [1989] LS Gazette, March 8, 41, CA).
8 Professor Smith's commentary to the case of R v McNamara and McNamara [1998] Crim LR 278 should be applied: "The evidence must be sufficient to satisfy a jury either that each party was in possession with intent to supply or that someone (in the present case possibly a third party) was and the defendant not only knew that he was but also assisted or encouraged him in the enterprise."
9 Section 2(1) definition of Drug Trafficking Offence includes conspiracy An agreement or common design by two or more people to carry out a criminal act Evidence of the agreement maybe proved by direct evidence of words or conduct or by proving circumstances from which the jury may presume it (R v Parsons (1763) 1 W.BI. 392; R v Murphy (1837) 8 C.& P. 297)
10 It is not necessary to prove that all the parties came together and actually agreed in terms to have the particular common design. Each conspirator may have a particular part to play in the pursuit of the attainment of the common design.
11 Proof of the existence of a conspiracy is generally a matter of inference, deduced from certain criminal acts of the parties accused, done in pursuance of an apparent criminal purpose in common between them (R v Brisac (1803) 4 East 164 at 171, cited with approval in Mulcahy v R (1868) L.R.3 H.L. 306 at 317)
12 Each co-conspirator must have the requisite mens rea by having an intention to be a party to an unlawful act, for example the importation of drugs (R v Anderson [1986] A.C. 27, HL)
13 Presentation Case Summary Exhibits The production of chattels or physical objects is not required in order to render parole evidence as to their nature admissible (Hocking v Ahlquist [1944] K.B. 120) Health and safety Security
14 Establishing a proper chain of continuity of evidence is essential. The prosecutor must ensure there is evidence connecting an exhibit found to its eventual destination; for example, in the case of a drug found by the police the chain might be: Officer finding drug; Officer to whom drug is passed who places it in a secure drugs cabinet; Officer who removes drug from cabinet and takes to laboratory; Scientist who examines drug and makes statement/certificate of analysis There must be a clearly established link between each stage in order to avoid the danger of continuity being lost
15 Meeting witnesses before hearing Waiting Room? Refreshing? Separate entrances Withhold name Reporting restrictions Witness anonymity
16 Bail Mr Green and Mr Yellow Nature of the accusation Nature of the Evidence Severity of the Punishment Committing Offences on Bail Gentry (1955) 31 Cr App R 195; R v Wharton [1955] Crim LR 56 and Beneby v Commissioner of Police No 28 of 1995 (unreported - Bahamas) Interference with the course of Justice (R v Barthelmy (1852) 169 ER 636) Failing to surrender Conditions of bail and if appropriate
17 Prosecutors must ensure that the disclosure regime is scrupulously followed, and in particular to ensure that only material that might arguably assist the defence (or undermine the prosecution) is disclosed (R v Ward (Judith Theresa) [1993] 2 All E.R. 577 )
18 Disclosure may be made when disciplinary proceedings against officers are pending (Glenroy Bishop v The State [2000] 60 WIR 370 The Trinidad and Tobago Court of Appeal) BUT apply the test in Krishna Persad and Ramsingh Jairam v The State PC (2001) 58 WIR 433 PC, of whether it is necessary to do so to secure a fair trial. Therefore do not disclose if: The disciplinary matter is mere complaint or speculation; The prosecution do not need to conduct investigations searching for evidence for the defence that is not a reasonable line of enquiry R v Brown [1997] 3 All ER769, HL; Non-material matters. These may include allegations that did not result in disciplinary action Is it sensitive material The identity of an informant needs to be protected Savage v Chief Constable of Hampshire [1997] 2 All ER 631
19 A defendant is not entitled to repeated adjournments to secure the right to legal representation (Robinson v R (1985) 32 WIR 330, PC); Although a defendant should not be denied a reasonable application for an adjournment for time to retain counsel to prepare his case and to secure witnesses attendance (Willoughby, Reeves and Goddard v R (1996) 54 WIR 57; Dunkley and Robinson v R (1994) 45 WIR 318, PC), the advocate should objectively analyse the grounds for an adjournment and oppose any application that is repeated or would cause an unreasonable delay in the interests of justice; Interests of Justice (CPS v Picton (2006) 170 JP 567).
20 R v Newton (1982) 77 Cr App R 13 A Newton Hearing maybe required when the defendant offers offence mitigation, which is contrary to the prosecution evidence and would result in a substantial disparity of sentence Evidence will be called in the usual way and the prosecution will have to prove their facts beyond a reasonable doubt (R v Gandy (1989) 11 Cr App R (S) 564) If the prosecution prove their case then the defendant will lose credit for any timely guilty plea (R v Beswick (1995) 160 JP 33)
21 Proceeds of Crime confiscation take away the bling! Section 28 (3) (a) Forfeiture But can you take his house?
POLICE PROSECUTOR TRAINING
Training Brief - 1 - POLICE PROSECUTOR TRAINING Training Brief - 2 - B B Version History - 3 - Course Title Creator(s) Police Prosecutor Training Dan Suter Version Date Reviewed By Summary 1.0 Nov 2010
More informationForm 1 - CHARGING or REVIEW of CHARGING DECISION
Form 1 - CHARGING or REVIEW of CHARGING DECISION DEFENDANT(s) NAME(s) Mr Green and Mr Yellow EVIDENTIAL STAGE Refer to the evidence and determine if a reasonable prospect of conviction: Mr Green On 17
More informationThe learner can: 1.1 Explain the requirements of a lawful arrest.
Unit 11 Title: Criminal Litigation Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the powers of the police to arrest and detain a person for the purpose of investigating a criminal
More informationThe learner can: 1.1 Explain the requirements of a lawful arrest.
Unit 11 Title: Criminal Litigation Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the powers of the police to arrest and detain a person for the purpose of investigating a criminal
More informationThe learner can: 1.1 Explain the requirements of a lawful arrest.
Unit 11 Title: Criminal Litigation Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the powers of the police to arrest and detain a person for the purpose of investigating a criminal
More informationIntroduction to Code for Prosecutors
Training Brief - 1 - Introduction to Code for Prosecutors Training Brief - 2 -. Version History - 3 - Course Title Creator(s) Introduction to Code for Prosecutors Dan Suter Version Date Reviewed By Summary
More informationLegal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 56, No. 106, 5th October, 2017
Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 56, No. 106, 5th October, 2017 Second Session Eleventh Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No.
More informationCriminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court
Criminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court Contents Part 1 Underpinning knowledge...3 1.1 An understanding
More informationDisclosure: Responsibilities of a Prosecuting Authority
Disclosure: Responsibilities of a Prosecuting Authority Julie Norris A. Introduction The rules of most professional disciplinary bodies are silent as to the duties and responsibilities vested in the regulatory
More informationSUPREME COURT OF NEWFOUNDLAND AND LABRADOR. PRACTICE DIRECTIVE P.D. (Crim.) No
SUPREME COURT OF NEWFOUNDLAND AND LABRADOR PRACTICE DIRECTIVE P.D. (Crim.) No. 2018-01 RULES AFFECTED: Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador, r. 6, and 9-15 EFFECTIVE
More informationA GUIDE. for. to assist with LIAISON AND THE EXCHANGE OF INFORMATION. when there are simultaneous
A GUIDE for THE POLICE THE CROWN PROSECUTION SERVICE LOCAL SAFEGUARDING CHILDREN BOARDS to assist with LIAISON AND THE EXCHANGE OF INFORMATION when there are simultaneous CHAPTER 8 SERIOUS CASE REVIEWS
More informationCriminal Justice Act 2003
Criminal Justice Act 2003 CHAPTER 44 CONTENTS PART 1 AMENDMENTS OF POLICE AND CRIMINAL EVIDENCE ACT 1984 1 Extension of powers to stop and search 2 Warrants to enter and search 3 Arrestable offences 4
More informationIndex. All references are to page numbers. assault de minimis non curat lex defence, 32 police officer, on a, 7
Index All references are to page numbers. A Aboriginal sentencing principles Aboriginal women, 291 basic principles, 282 generally, 282 manslaughter, 291, 293 practical framework, 286 street gangs, 293
More informationA GUIDE TO THE CRIMINAL PROCEDURE RULES 2015 (S.I. 2015/1490)
A GUIDE TO THE CRIMINAL PROCEDURE RULES 2015 (S.I. 2015/1490) Where to find the new Rules The Criminal Procedure Rules 2015 are at this address: http://www.legislation.gov.uk/uksi/2015/1490/contents/made
More informationubiished by the Joint Partnership Project Criminal Justice Programme. Funded by the Government of Canada.
ubiished by the Joint Partnership Project Criminal Justice Programme. Funded by the Government of Canada. 1 Message from the DPP The decision of whether or not to prosecute an individual is a most important
More informationCriminal Procedure Amendment (Mandatory Pre-trial Defence Disclosure) Act 2013 No 10
New South Wales Criminal Procedure Amendment (Mandatory Pre-trial Defence Disclosure) Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of Criminal Procedure Act 1986 No 209 3 New South
More informationSECTION B22: OFFENCES RELATING TO THE PROCEEDS OF CRIMINAL CONDUCT
SECTION B22: OFFENCES RELATING TO THE PROCEEDS OF CRIMINAL CONDUCT B22.1 Part 7 of the Proceeds of Crime Act 2002 creates a series of new money laundering offences (ss. 327 329) which (subject to the transitional
More informationJUDGMENT. R v Sally Lane and John Letts (AB and CD) (Appellants)
REPORTING RESTRICTIONS APPLY TO THIS CASE Trinity Term [2018] UKSC 36 On appeal from: [2017] EWCA Crim 129 JUDGMENT R v Sally Lane and John Letts (AB and CD) (Appellants) before Lady Hale, President Lord
More informationPOLICE CONSTABLE RENNIE LAKHAN NO THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO REASONS
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV2010-01582 BETWEEN SIEULAL RAMSARAN CLAIMANT AND POLICE CONSTABLE RENNIE LAKHAN NO. 13429 THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO
More informationLegal Supplement Part B Vol. 55, No st April, RULES THE CRIMINAL PROCEDURE RULES, 2016
Legal Supplement Part B Vol. 55, No. 45 21st April, 2016 181 LEGAL NOTICE NO. 55 REPUBLIC OF TRINIDAD AND TOBAGO THE CRIMINAL PROCEDURE ACT, CHAP. 12:02 RULES MADE BY THE RULES COMMITTEE UNDER SECTION
More informationThe Code. for Crown Prosecutors
The Code for Crown Prosecutors January 2013 Introduction 1.1 The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences
More informationJames Hamilton, Director of Public Prosecutions, Ireland International Society for the Reform of Criminal Law Conference 15 July 2008, Dublin
A SINGLE OFFENCE OF UNLAWFUL KILLING? Ever since the abolition of the death penalty as a punishment for murder, arguments have arisen in favour of merging the offences of murder and manslaughter into a
More informationLaw 12 Substantive Assignments Reading Booklet
Law 12 Substantive Assignments Reading Booklet Reading # 1: Police and the Law Training and Qualifications Police officers have to go through both physical and academic training to become members of the
More informationLouise Muir Wilson. Held the role of a Lecturer and Examiner on the MSc in Forensic Science at King s College.
Louise Muir Wilson Year of Call: 1999 Undertakes solely defence work in the Crown and Appellate courts and has been described as going above and beyond in terms of her preparation, tenacity and representation.
More informationSecond Session Eleventh Parliament Republic of Trinidad and Tobago. REPUBLIC OF TRINIDAD AND TOBAGO Act No. 9 of 2017
Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 56, No. 82, 7th August, 2017 Second Session Eleventh Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No.
More informationNotes and Observations to the questions relating to Criminal Legal Aid
Notes and Observations to the questions relating to Criminal Legal Aid Question 24: Do you agree with the proposals to: pay a single fixed fee of 565 for a guilty plea in an either way case which the magistrates
More informationBERMUDA CRIMINAL JURISDICTION AND PROCEDURE (DISCLOSURE AND CRIMINAL REFORM ACT 2015) REGULATIONS 2015 BR 89 / 2015
QUO FA T A F U E R N T BERMUDA CRIMINAL JURISDICTION AND PROCEDURE (DISCLOSURE AND CRIMINAL BR 89 / 2015 TABLE OF CONTENTS 1 2 3 4 5 6 7 Citation Amends section 3 Amends section 5 Amends section 7 Amends
More informationDurham and Teesside Third Party Protocol 2013.
Contents Durham and Teesside Third Party Protocol 2013. A Protocol for the Disclosure of Information in Cases of alleged Child Abuse and linked Criminal and Care Proceedings. 1. Parties... 3 2. Scope...
More informationPolice Station Advice Advising on Silence
6873 Crim Practitioners Guide 13/1/06 3:55 pm Page 1 Police Station Advice Advising on Silence by Professor Ed Cape on behalf of the Law Society Criminal Law Committee Criminal Practitioners Newsletter
More informationTable of Contents. Dedication... iii Preface... v Table of Cases... xv. A. General Principles... 1
Table of Contents Dedication... iii Preface... v Table of Cases... xv Chapter 1 Substantive Criminal Law A. General Principles... 1 1. Causation... 1 (a) Causation for Impaired Driving Causing Bodily Harm/Death...
More informationBPTC syllabus and curriculum 2017/18
BPTC syllabus and curriculum 2017/18 1 Contents Civil litigation and evidence... 4 Introduction... 4 1 General Matters... 5 2 Limitation... 6 3 Pre-action Conduct... 7 4 Commencing Proceedings... 8 5 Parties...
More informationCouncil meeting 15 September 2011
Council meeting 15 September 2011 Public business GPhC prosecution policy (England and Wales) Recommendation: The Council is asked to agree the GPhC prosecution policy (England and Wales) at Appendix 1.
More informationCOURT USE ONLY. DATE FILED: August 15, 2017
DISTRICT COURT, LA PLATA COUNTY, COLORADO Court Address: 1060 East 2nd Avenue, Room 106, Durango, CO, 81301-5157 The People of the State of Colorado v. MARK ALLEN REDWINE DATE FILED: August 15, 2017 COURT
More informationCriminal Procedure Act, 1993
Criminal Procedure Act, 1993 Number 40 of 1993 CRIMINAL PROCEDURE ACT, 1993 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Review by Court of Criminal Appeal of alleged miscarriage of justice or
More informationMEMORANDUM OF UNDERSTANDING. Association of Chief Police Officers England & Wales
MEMORANDUM OF UNDERSTANDING Association of Chief Police Officers England & Wales and The Financial Services Authority 1. Definition of terms used in this Memorandum of Understanding ACPO The Association
More informationChapter 10: Indictments
Chapter 10: Indictments Chapter 10.3: Drafting the indictment (pp 463-464) The effect of the decision of the House of Lords in R v Clarke [2008] UKHL 8 is effectively reversed by s 116(1)(a) and (b) of
More informationExaminable excerpts of. Bail Act as at 10 April 2018 PART 1 PRELIMINARY
Examinable excerpts of Bail Act 1977 as at 10 April 2018 PART 1 PRELIMINARY 3A Determination in relation to an Aboriginal person In making a determination under this Act in relation to an Aboriginal person,
More informationSeptember 1, 2015 Le 1 er septembre 2015 DISCLOSURE
OFFICE OF ATTORNEY GENERAL CABINET DU PROCUREUR GÉNÉRAL PUBLIC PROSECUTIONS OPERATIONAL MANUAL MANUEL DES OPÉRATIONS DE POURSUITES PUBLIQUES TYPE OF DOCUMENT TYPE DE DOCUMENT : Policy Politique CHAPTER
More informationGraham O Sullivan. DX: Leeds Park Square T: +44 (0) E: F: +44 (0)
Graham O Sullivan Park Square Contents Crime... 1 Representative Cases... 2 Regulatory... 2 Civil... 3 Appointments & Memberships... 3 II Park Square Graham O Sullivan Year of call 2009 For enquiries please
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED February 4, 2014 v Nos. 310870; 310872 Macomb Circuit Court DAVID AARON CLARK, LC Nos. 2011-001981-FH;
More informationLegal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 44, No. 167, 16th September, 2005
Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 44, No. 167, 16th September, 2005 Third Session Eighth Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No.
More informationS G C. Dangerous Offenders. Sentencing Guidelines Council. Guide for Sentencers and Practitioners
S G C Sentencing Guidelines Council Dangerous Offenders Guide for Sentencers and Practitioners CONTENTS PART ONE Introduction 5 PART TWO PART THREE Criteria for imposing sentences under the dangerous
More informationJUDGE: His Honour Judge Pearson DATE OF RULING: 15 January 2010 COUNSEL FOR THE PROSECUTION: Mr A. Fleming COUNSEL FOR THE DEFENDANT: Mr F.
CASE CITATION: R v LR (not reported) Indictment number T20090048 (this is a transcript of the Ruling that was subsequently appealed by the Crown to the Court of Appeal, Criminal Division: CPS v LR [2010]
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED October 28, 2003 v No. 236169 Monroe Circuit Court DERRICK LAMOND MITCHELL-EL, LC No. 99-030238-FH Defendant-Appellant.
More informationInitial Court Hearing
Not Guilty Client Guide 1 Pleading Not Guilty Initial Court Hearing 2 Attending Court 3 The Initial Hearing 4 Bail & Court Orders 5 Preparing the Defence Preparing your defence 6 Investigating the Crown
More informationISSUES. Saskatoon Criminal Defence Lawyers Association December 1, Fall Seminar, 1998: Bail Hearings and Sentencing. Prepared by: Andrew Mason
SENTENCING ISSUES Saskatoon Criminal Defence Lawyers Association December 1, 1998 Fall Seminar, 1998: Bail Hearings and Sentencing Prepared by: Andrew Mason Also available to members at the SCDLA Web site:
More informationPrivacy Policy. Cabcharge will only collect personal information which is necessary for the operation of its business.
Privacy Policy Cabcharge Australia Limited ( Cabcharge ) is subject to the Australian Privacy Principles pursuant to the Privacy Act 1988 as amended by the Privacy Amendment (Enhancing Privacy Protection)
More informationWilliam Thomas Johnson v. State of Maryland, No. 2130, September Term, 2005
HEADNOTES: William Thomas Johnson v. State of Maryland, No. 2130, September Term, 2005 CONSTITUTIONAL LAW - SEARCH AND SEIZURE WARRANT - LACK OF STANDING TO CHALLENGE Where search and seizure warrant for
More informationTHE REGIONAL HEALTH AUTHORITIES ACT, 1994 REGULATIONS THE REGIONAL HEALTH AUTHORITIES (CONDUCT) REGULATIONS, 2008
Legal Notice No. REPUBLIC OF TRINIDAD AND TOBAGO THE REGIONAL HEALTH AUTHORITIES ACT, 1994 REGULATIONS Made by the Minister under section 35 of the Regional Health Authorities Act THE REGIONAL HEALTH AUTHORITIES
More informationGUTTOO C. v THE STATE OF MAURITIUS
GUTTOO C. v THE STATE OF MAURITIUS 2017 SCJ 57 Record No. 103243 IN THE SUPREME COURT OF MAURITIUS In the matter of:- C. Guttoo Plaintiff v The State of Mauritius Defendant JUDGMENT The plaintiff is claiming
More informationCHILDREN COURT RULES, 2018
CHILDREN COURT RULES, 2018 CONTENTS Rule Page PART 1 CITATION, COMMENCEMENT AND POWERS Citation and Commencement Rule 1.1 Definitions Rule 1.2 Application of the Rules Rule 1.3 Effect of non-compliance
More informationSaugeen Shores Police Service Discipline Hearing. In the Matter of Ontario Regulation 268/10. Made Under the Police Services Act, R.S.O.
Saugeen Shores Police Service Discipline Hearing In the Matter of Ontario Regulation 268/10 Made Under the Police Services Act, R.S.O. 1990, And Amendments Thereto: And In The Matter Of Saugeen Shores
More informationIN THE HIGH COURT OF JUSTICE THE STATE BRIAN LUTCHMAN
TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE H.C. Cr. No 06/2006 THE STATE V BRIAN LUTCHMAN Before the Hon. Mr Justice Rajiv Persad. Appearances: Ms. Avion Gill for the State. Mr. Daniel Khan for the
More informationFraud, bribery and money laundering: corporate offenders Definitive Guideline DEFINITIVE GUIDELINE
Fraud, bribery and money laundering: corporate offenders Definitive Guideline DEFINITIVE GUIDELINE 2 Fraud, Bribery and Money Laundering: Corporate Offenders Definitive Guideline Applicability of guideline
More informationFlashcards BEST PRACTICE GUIDE TO FAIR TRIAL STANDARDS IN SIERRA LEONE
Flashcards BEST PRACTICE GUIDE TO FAIR TRIAL STANDARDS IN SIERRA LEONE Contents 1: Accused Persons These flashcards provide a concise summary of the key human rights standards and obligations that Judges,
More informationCriminal Procedure Act 2009
Examinable excerpts of Criminal Procedure Act 2009 as at 2 October 2017 CHAPTER 2 COMMENCING A CRIMINAL PROCEEDING PART 2.1 WAYS IN WHICH A CRIMINAL PROCEEDING IS COMMENCED 5 How a criminal proceeding
More informationNARCOTIC DRUGS (CONTROL, ENFORCEMENT AND SANCTIONS) LAW, 1990 (PNDCL 236) The purpose of this Law is to bring under one enactment offences relating
NARCOTIC DRUGS (CONTROL, ENFORCEMENT AND SANCTIONS) LAW, 1990 (PNDCL 236) The purpose of this Law is to bring under one enactment offences relating to illicit dealing in narcotic drugs and to further put
More informationThe Criminal Court System. Law 521 Chapter Seven
The Criminal Court System Law 521 Chapter Seven The Feds make criminal law and procedure. Criminal Court Structure Provinces responsible for organizing, administering, and maintaining the criminal court
More informationCriminal Procedure Rules Part and Part 33A New Practice Direction
Criminal Procedure Rules Part 33 2014 and Part 33A New Practice Direction PART 33 EXPERT EVIDENCE Contents of this Part When this Part applies rule 33.1 Expert s duty to the court rule 33.2 Introduction
More information[1] The accused appeared before the magistrate, Aliwal North charged
IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE-GRAHAMSTOWN) Case No: CA&R Review Case No: 515/10 Date delivered: 30 November 2011 In the matter between: THE STATE vs KHOMOTSO LESIBA MMAKO REVIEW JUDGMENT
More informationAn automatic right to enhanced service will apply to all victims who are either:
BACKGROUND INFORMATION: Supporting Victims and Witnesses is central to the service Northumbria Police provides to its communities, it is important that the right level of support and information is provided
More informationGuideline Judgments Case Compendium - Update 2: June 2006 CASE NAME AND REFERENCE
SUBJECT CASE NAME AND REFERENCE (A) GENERIC SENTENCING PRINCIPLES Sentence length Dangerousness R v Lang and others [2005] EWCA Crim 2864 R v S and others [2005] EWCA Crim 3616 The CPS v South East Surrey
More informationJackson County Prosecutor s Office Conviction Review Unit
Jackson County Prosecutor s Office Conviction Review Unit APPLICATION FOR CONVICTION REVIEW The Conviction Review Unit of the Jackson County Prosecuting Attorney s Office investigates only claims of actual
More informationTEXAS CRIMINAL DEFENSE FORMS ANNOTATED
TEXAS CRIMINAL DEFENSE FORMS ANNOTATED 1.1 SURETY S AFFIDAVIT TO SURRENDER PRINCIPAL Order By Daniel L. Young PART ONE STATE PROCEEDINGS CHAPTER 1. BAIL 1.2 SURETY S AFFIDAVIT TO SURRENDER PRINCIPAL CURRENTLY
More informationCRIMINAL LAW PROFESSIONAL STANDARD #2
CRIMINAL LAW PROFESSIONAL STANDARD #2 NAME OF STANDARD A GUILTY PLEA Brief Description of Standard: A standard on the steps to be taken by counsel before entering a guilty plea on behalf of a client. Committee
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE February 22, 2017 Session
05/24/2017 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE February 22, 2017 Session STATE OF TENNESSEE v. GREGORY T. PHELPS Appeal from the Criminal Court for Knox County No. 104306A G. Scott
More informationState v. Camper, September Term 2008, No. 82
State v. Camper, September Term 2008, No. 82 CRIMINAL LAW - MARYLAND RULE 4-215 - The harmless error doctrine does not apply to violations of Maryland Rule 4-215(a)(3). Consequently, a trial court s failure
More informationIN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY CRI [2013] NZHC Appellant. NEW ZEALAND POLICE Respondent
IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY CRI-2013-470-7 [2013] NZHC 1350 BETWEEN AND CHERYL MCVEIGH Appellant NEW ZEALAND POLICE Respondent Hearing: 30 May 2013 Appearances: TA Castle for Appellant
More informationIN THE HIGH COURT OF JUSTICE AND AND BETWEEN AND
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No. CV2009-01582 IN THE MATTER OF THE JUDICIAL REVIEW ACT 2000 AND IN THE MATTER OF THE INDICTABLE OFFENCES (PRELIMINARY ENQUIRY) ACT
More informationISSUES FOR DISCUSSION
BAIL HEARINGS ISSUES FOR DISCUSSION Saskatoon Criminal Defence Lawyers Association December 1, 1998 Fall Seminar, 1998: Bail Hearings and Sentencing Also available to members at the SCDLA Web site: http://www.lexicongraphics.com/scdla.htm
More informationCommon law system foundations for excluding evidence obtained illegally or unfairly and the relevant case law
Katarzyna Piątkowska Common law system foundations for excluding evidence obtained illegally or unfairly and the relevant case law Keywords: improperly, unfairly, illegally obtained evidence, admissibility,
More informationTHE COMPUTER MISUSE ACT, Arrangement of Sections PART I PRELIMINARY PART II OFFENCES
THE COMPUTER MISUSE ACT, 2000 Arrangement of Sections PART I Section 1. Short title PRELIMINARY 2. Interpretation PART II OFFENCES 3. Unauthorised access to computer program or data 4. Access with intent
More informationAct No. 1 of 2014 BILL
Fourth Session Tenth Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No. 1 of 2014 [L.S.] BILL AN ACT to amend the Bail Act, Chap. 4:60 [Assented to 14th February, 2014]
More informationSubmitted March 28, 2017 Decided. On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding
More informationAn Introduction. to the. Federal Public Defender s Office. for the Districts of. South Dakota and North Dakota
An Introduction to the Federal Public Defender s Office for the Districts of South Dakota and North Dakota Federal Public Defender's Office for the Districts of South Dakota and North Dakota Table of Contents
More informationCROWN LAW MEDIA PROTOCOL FOR PROSECUTORS
CROWN LAW MEDIA PROTOCOL FOR As at 1 July 2013 TABLE OF CONTENTS Purpose... 1 Principles... 1 Other Matters Likely to Affect Interaction with Media... 2 Guidance... 3 Comment prior to charge... 3 Comment
More informationIN THE HIGH COURT OF JUSTICE BETWEEN MOHANLAL RAMCHARAN AND CARLYLE AMBROSE SERRANO
REPUBLIC OF TRINIDAD AND TOBAGO CV2011-02646 IN THE HIGH COURT OF JUSTICE BETWEEN MOHANLAL RAMCHARAN AND Claimant CARLYLE AMBROSE SERRANO Defendant BEFORE THE HONOURABLE MADAM JUSTICE JUDITH JONES Appearances:
More informationCriminal Justice Process
Criminal Justice Process 1. Describe the basic steps that are followed when a crime is investigated. (See the chart on page 135) Search and Seizure Warrant file an affidavit (sworn statement of facts)
More informationLEVEL 6 - UNIT 18 CRIMINAL LITIGATION SUGGESTED ANSWERS - JANUARY 2014
LEVEL 6 - UNIT 18 CRIMINAL LITIGATION SUGGESTED ANSWERS - JANUARY 2014 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors with guidance as to the key
More informationCOMMONWEALTH OF MASSACHUSETTS JUVENILE COURT DEPARTMENT
COMMONWEALTH OF MASSACHUSETTS JUVENILE COURT DEPARTMENT STANDING ORDER 1-07 VIOLATION OF PROBATION PROCEEDINGS I. Scope and Purpose This standing order prescribes procedures in the Juvenile Court to be
More informationTHE INTERNATIONAL CRIMINAL COURT BILL, MEMORANDUM.
BILLS SUPPLEMENT No. 13 17th November, 2006 BILLS SUPPLEMENT to the Uganda Gazette No. 67 Volume XCVIX dated 17th November, 2006. Printed by UPPC, Entebbe by Order of the Government. Bill No. 18 International
More informationDrugs: evidence, testing and valuation Policy
Drugs: evidence, testing and valuation Policy Policy summary West Yorkshire Police complies with Authorised Professional Practice (APP) which contains information to assist policing, and has established
More informationRevenue Protection Policy
Revenue Protection Policy 1. Introduction 1.1 Arriva Rail North Ltd is required by the terms of its franchise to ensure that it protects revenue from ticket sales. This is a sensible requirement designed
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, FOR PUBLICATION October 25, 2007 9:05 a.m. v No. 267961 Oakland Circuit Court AMIR AZIZ SHAHIDEH, LC No. 2005-203450-FC
More informationVictorian Courts. Mapping the Court process. A step-by-step guide through the Magistrates, County and Supreme Courts. d e f e n c e l a w y e r s
Victorian Courts Mapping the Court process A step-by-step guide through the Magistrates, County and Supreme Courts Written by Shaun Pascoe and Amelia Ramsay d e f e n c e l a w y e r s Index 5 8 12 16
More informationMULTI CHOICE QUESTIONS EVI301-A
MULTI CHOICE QUESTIONS EVI301-A 2010 Second Semester Assignment 1 Question 1 If the current South African law does not provide a solution to an evidentiary problem, our courts will first of all search
More informationJustice Committee. Inquiry into the role and purpose of the Crown Office and Procurator Fiscal Service
Justice Committee Inquiry into the role and purpose of the Crown Office and Procurator Fiscal Service Written submission from the Scottish Criminal Bar Association The Scottish Criminal Bar Association
More informationSHELDON THOMAS. and THE QUEEN : March 11; October
GRENADA IN THE COURT OF APPEAL CRIMINAL APPEAL NO.11 OF 2002 BETWEEN: SHELDON THOMAS and THE QUEEN Before: The Hon. Sir Dennis Byron The Hon. Mr. Albert Redhead The Hon. Mr. Ephraim Georges Appellant Respondent
More informationPRE-TRIAL COORDINATION PROTOCOL
PRE-TRIAL COORDINATION PROTOCOL This Protocol is subject to change. It is expected that as the Project proceeds, changes will be made and the Protocol will be amended. Please refer to our website at www.manitobacourts.mb.ca
More informationLegal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 55, No. 84, 14th July, 2016
Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 55, No. 84, 14th July, 2016 First Session Eleventh Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No. 6
More informationPROTOCOL BETWEEN WEST MIDLANDS POLICE CPS WEST MIDLANDS AND WEST MIDLANDS LOCAL AUTHORITIES
PROTOCOL BETWEEN WEST MIDLANDS POLICE CPS WEST MIDLANDS AND WEST MIDLANDS LOCAL AUTHORITIES IN THE EXCHANGE OF INFORMATION IN THE INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES IN THE WEST MIDLANDS
More informationAppeal from the Superior Court of Yavapai County. Cause No. P-1300-CR The Honorable Thomas B. Lindberg, Judge AFFIRMED
NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 IN THE COURT
More informationADMISSIBILITY AND STANDARD OF PROOF OF FORENSIC EVIDENCE IN WILDLIFE CRIMES IN KENYA
ADMISSIBILITY AND STANDARD OF PROOF OF FORENSIC EVIDENCE IN WILDLIFE CRIMES IN KENYA Didi Wamukoya dwamukoya@kws.go.ke www.kws.go.ke INTRODUCTION INTRODUCTION Forensic evidence is an important tool in
More informationTABLE OF CONTENTS. Table of Cases... Introduction and User Notes...
Table of Cases... Introduction and User Notes... xiii xliii PART I PROVINCIAL COURT CRIMINAL CASEFLOW MANAGEMENT RULES, PRACTICE DIRECTIONS AND NOTICES TO THE PROFESSION... 3 Rule 1 - Object, Application,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) No. 07-00200-01-CR-W-FJG ) WILLIAM ENEFF, ) ) ) Defendant. )
More informationINDICTABLE OFFENCES (PRELIMINARY ENQUIRY) ACT
INDICTABLE OFFENCES (PRELIMINARY ENQUIRY) ACT CHAPTER 12:01 48 of 1920 5 of 1923 21 of 1936 14 of 1939 25 of 1948 1 of 1955 10 of 1961 11 of 1961 29 of 1977 45 of 1979 Act 12 of 1917 Amended by *See Note
More informationThe Public Interest and Prosecutions
The Public Interest and Prosecutions Gordon Anthony * Introduction 1. This is a short paper about the public interest and how the term is used in the context of prosecutorial decision-making. It develops
More informationNOTES FOR GUIDANCE. RESTRICTED (when completed) Rev 10/13 Page 1 of 9 (Criminal Procedure Rules, rule 6.31; SECTION 2, Criminal Justice Act 1987)
Page 1 of 9 (Criminal Procedure Rules, rule 6.31; SECTION 2, Criminal Justice Act 1987) 1. Use of this form This form is for use in connection with an application by a member of the Serious Fraud Office
More informationDisposed at Defended Hearing Activity A B C Tasks covered by Fixed Fee All activities up to completion of Defended Hearing (including sentencing)
Fee Schedules: Schedules A, B & C: Fees schedule for PC1A, B & C cases Schedules A J June 2012 1 Base Fixed Fees Disposed prior to Defended Hearing Activity A B C Tasks covered by Fixed Fee Guilty Plea/Sentencing
More informationJUDGMENT. R v Varma (Respondent)
Michaelmas Term [2012] UKSC 42 On appeal from: [2010] EWCA Crim 1575 JUDGMENT R v Varma (Respondent) before Lord Phillips Lord Mance Lord Clarke Lord Dyson Lord Reed JUDGMENT GIVEN ON 10 October 2012 Heard
More information