16 sept Flashcards
A partner at a law firm is arrested on suspicion of involvement with a large-scale fraud. It is suspected he and the other partners at the firm have systematically claimed fees for work not completed. The officer in charge of the investigation wishes to prevent the suspect from having legal advice, as they suspect exercise of the right will result in the other partners being alerted to the investigation.
Can the suspect be refused access to legal advice?
Yes, access to legal advice can be delayed for a maximum of 36 hours.(C) Access to legal advice can be delayed for 36 hours. Delay in accessing legal advice is permitted only when: (1) the suspect is arrested on an indictable only or either way offence, (2) a police officer of the rank of superintendent or above has authorised the delay in writing, and (3) the officer has reasonable grounds to believe that exercise of the right will lead to interference with evidence, interference with others, alerting other suspects, or hindering the recovery of property related to the offence. Fraud is an either way offence. The right can be delayed 36 hours at most, and so (C) is the correct answer. (A) is incorrect as access to legal advice can in some circumstances be prevented. (B) is incorrect as there is no special rule for legal professionals. (D) and (E) are incorrect as they do not correctly state to what extent access can be delayed.
A defendant is standing trial in the Crown Court on a charge of burglary. A witness has identified the defendant’s car at the scene of the crime.
Which statement correctly states the judge’s duty in relation to the warning they must give to the jury?
No direction should be given in relation to the identification of the car.(D) The judge should not give any direction in relation to the identification of the car. Turnbull warnings relate to the identification of people, not objects or cars. (A), (B), (C), and (E) are therefore incorrect.
A defendant is charged with robbery, which is an indictable only offence. It is a complex matter, and the trial is expected to take some 10 weeks. The defendant appears before the Magistrates’ Court, where his case is committed to the Crown Court.
How soon is the defendant likely to have his first Crown Court hearing?
Within 14 days.(B) The defendant will have his first Crown Court hearing within 14 days. When an indictable only matter is sent to the Crown Court, a preliminary hearing will take place within 14 days of being sent if: (1) the trial is likely to last more than four weeks, (2) there are case management problems to address, (3) an early trial date is needed, (4) one of the defendants is under 18, or (5) there is likely to be an early guilty plea. Here, as the trial is likely to take some 10 weeks, a preliminary hearing would be expected within 14 days. (A), (C), (D), and (E) are all incorrect as they misstate the time frame for a preliminary hearing
A defendant is charged with burglary and appears before the Magistrates’ Court for first appearance. He would like to be remanded on bail.
Which of the following correctly states when the court can refuse an application for bail?
The court finds there is a real prospect of a custodial sentence being imposed, and one of the exceptions to the right to bail applies.(C) Defendants have a general right to bail. The court can refuse bail and remand a defendant into custody if it finds: (1) there is an exception to the right to bail, and (2) there is a real prospect of a custodial sentence being imposed if convicted. (A), (B), and (D) are incorrect because they do not correctly describe the test for bail. (E) is incorrect because the court can refuse an application for bail from a defendant charged with any type of offence
It is the first day on the job for a new Crown Court judge.
Which of the following correctly lists matters the judge may have to deal with when sitting in the Crown Court?
ResponsesPress Enter or Space to submit the answer
An appeal against conviction from the Magistrates’ Court, an actual bodily harm (‘ABH’) sentence, and a criminal damage trial.A) Crown Courts deal with: (1) indictable only offences; (2) either way offences when the Magistrates’ Court has declined jurisdiction or when the defendant has elected Crown Court trial; (3) either way or summary offences which are related to another offence being heard by the Crown Court, if it is punishable by imprisonment and/or disqualification from driving; and (4) appeals against conviction and sentence from the Magistrates’ Court. ABH and criminal damage are both either way offences. (B), (D), and (E) are incorrect as battery is a summary only offence and will be heard only in the Magistrates’ Court. (C) is incorrect as assault is a summary only offence
A defendant was interviewed at the police station on suspicion of robbery which he was suspected to have committed with his girlfriend. He was legally represented in interview. At trial, the defence solicitor applies to have the interview excluded.
In which of the following scenarios is the application to have the interview excluded unlikely to be successful?
The legal representative told the defendant what to say when police officers asked questions.(B) The application to have the interview excluded is unlikely to be successful if the legal representative told the defendant what to say when the police officers asked questions. A solicitor may intervene in order to seek clarification, challenge an improper question or manner of questioning, advise their client not to reply to particular questions, or ask for the interview to be halted to give the suspect further legal advice, but they may not tell their client how to answer questions in interview. A failure to act properly may result in the legal representative being expelled from the interview, but it is unlikely to result in the exclusion of the interview from evidence of trial. (A) is incorrect as several officers being present during the interview is an example of oppression, which can result in the exclusion of the interview from evidence. (C), (D), and (E) are incorrect because they are all examples of inducement, which can also result in the interview being excluded from evidence.
A defendant is charged with burglary of a homeowner’s house. A key part of the prosecution evidence is the homeowner’s identification evidence; she says she saw the defendant inside the property. The defendant and the homeowner have known each other for 20 years. The defendant’s defence, as set out in his defence case statement, is that the homeowner’s allegation is false and malicious. After charge, the prosecution have obtained a neighbour’s statement that says the homeowner had been angry with the defendant in the run-up to the burglary and had made threats against him. The prosecution do not intend to rely on this evidence at trial.
Are the prosecution under an obligation to disclose the neighbour’s statement to the defence?
Yes, as the statement potentially undermines the prosecution case or assists the defence.(D) The prosecution are under an obligation to disclose the neighbour’s statement. The prosecution have an ongoing duty to disclose any evidence that might reasonably be considered capable of undermining the prosecution case or assisting the defence. The neighbour’s statement potentially undermines the prosecution case and therefore should be disclosed. (A) and (B) are incorrect as the prosecution are under an ongoing duty to disclose. (C) is incorrect as the duty to disclose does not extend to all material, only that which potentially undermines the prosecution or assists the defence. (E) is incorrect as the relevant test for disclosure is not the interest of justice.
A defendant is charged with burglary, which is an either way offence. A solicitor is representing the defendant at plea before venue and is explaining the benefits of Magistrates’ Court trial over Crown Court trial.
Which of the following correctly states the benefits of electing trial in the Magistrates’ Court?
Limited sentencing powers, speedier justice, and less stringent disclosure requirements for the defence.(E) The main advantages of trial in the Magistrates’ Court are the court’s limited sentencing powers (no more than six months’ imprisonment for a single either way offence), the relative speed and low cost of conducting a trial (which may mean a lower contribution towards costs if convicted), and less stringent disclosure requirements on the defence (there is no obligation to serve a defence case statement). (A) and (C) are incorrect as the conviction rates in the Magistrates’ Court are higher than in the Crown Court. (B) and (D) are incorrect as the disclosure requirements on the prosecution are not more stringent in the Magistrates’ Court than in the Crown Court.
A defendant is charged with theft of art supplies from a shop to the value of £250. She appears before the Magistrates’ Court for her first appearance. She intends to plead not guilty.
Which of the following correctly states how it will be determined where her trial will take place?
The defendant may elect trial in the Crown Court or the Magistrates’ Court, which may decline jurisdiction if the matter is deemed too serious.(A) The defendant may elect trial in the Crown Court or the Magistrates’ Court, which may decline jurisdiction if the matter is deemed too serious. Theft is generally an either way offence, meaning it can be heard in either the Crown or the Magistrates’ Court. The Magistrates’ Court must decide whether to accept jurisdiction or to send the case to the Crown Court. (B) is incorrect because only low value theft (up to a value of £200) adopts this hybrid procedure. The offence is treated as summary only in that the Magistrates’ Court cannot decline jurisdiction to deal with the offence. However, it is treated as an either way offence in that the defendant can elect Crown Court trial. (C) is incorrect as theft is not summary only. (D) is incorrect as theft is not indictable only. (E) is incorrect and the defendant can choose where she wants her case heard.
An eighteen-year-old student was caught shoplifting at a local shopping centre. The student was arrested and immediately transported to a local police station. While on the way to the police station, the officer asked the student if he wanted his parents to be present during the interrogation. The student responded that he did not. When the student arrived at the police station, he was interrogated without any other adult present. During the interrogation, the student admitted to engaging in shoplifting on four prior occasions.
Did the officer take the proper precautions when detaining the student?
Yes, because no additional safeguards were needed.(E) is the correct answer. No additional safeguards were needed since the student was eighteen-years-old. Note that it is suspects who are under the age of eighteen who require additional safeguards. (A) is incorrect. Here, an adult was not needed since the suspect was at least eighteen-years-old. (B) is incorrect. While it is the custodial officer’s responsibility to identify whether a suspect is vulnerable, here there were no facts to indicate that the suspect was mentally disordered, so this was not the best answer choice. (C) is incorrect. While it is the officer’s responsibility to identify vulnerable suspects, here the suspect was eighteen-year-old and thus, not considered vulnerable. (D) is incorrect. While the suspect here was not considered vulnerable, an adult should be made present for suspects who are even if their assistance is initially denied. If a suspect is vulnerable and an appropriate adult was not called in by accident or otherwise, the admissibility of any evidence obtained during interview may be excluded.QUESTION ID:
Question
Does the prosecution always bear the burden of proof?
ResponsesPress Enter or Space to submit the answer
No, the defence sometimes bears the burden of proving some defences on the balance of probabilities.
Which of the following best describes the evidential burden?
The evidential burden is the burden of producing enough evidence to bring the matter into issue between the prosecution and the defence.
In which of the following situations can a defendant be guilty for an omission, rather than a positive act? Choose all that apply.
When there is a special relationship between the defendant and victim.
When there is a special relationship between the defendant and victim. - correct
Correct
When the defendant has voluntarily assumed a duty of care.
When the defendant has voluntarily assumed a duty of care. - correct
When the defendant owes a contractual duty.
When the defendant owes a contractual duty. - not selected, this is the correct answer
Correct
When the defendant creates a dangerous situation.
When the defendant creates a dangerous situation. - correct
Correct
When a statute so provides.
Which of the following types of causation must be satisfied for a result crime (like murder) to be made out?
Factual causation.Legal causation.
Which of the following best describes the meaning of ‘substantial’ in the test for legal causation?
ResponsesPress Enter or Space to submit the answer
More than minimal.
Which of the following are specific intent offences? Choose all that apply.
response - incorrect
ResponsesPress Enter or Space to submit the answer
Murder.
Murder. - correct
Correct
Theft.
Theft. - correct
Correct
Wounding or causing grievous bodily harm under s18 of the Offences Against the Person Act.
Wounding or causing grievous bodily harm under s18 of the Offences Against the Person Act. - correct
Which of the following are elements of the actus reus of murder? Choose all that apply.
Factual causation.
Factual causation. - correct
Correct
Legal causation.
Legal causation. - correct
Correct
Death of a human in being.
Which of the following are elements of diminished responsibility? Choose all that apply.
Abnormality of mental functioning.
Abnormality of mental functioning. - correct
Correct
Arising from a recognised medical condition.
Arising from a recognised medical condition. - correct
Providing an explanation for the killing.
Providing an explanation for the killing. - not selected, this is the correct answer
Substantial impairment of ability to form rational judgment, understand one’s own conduct, or exercise self-control.
Which of the following could satisfy the requirement for a recognised medical condition for the defence of diminished responsibility? Choose all that apply.
Diagnosed premenstrual stress.
Diagnosed premenstrual stress. - correct
Alcohol Dependency Syndrome.
Which of the following are elements of the defence of loss of control? Choose all that apply.
Loss of control.
Loss of control. - correct
Correct
Qualifying trigger.
Qualifying trigger. - correct
Correct
Another in the defendant’s position, sharing their qualities, might have reacted in the same way.
Another in the defendant’s position, sharing their qualities, might have reacted in the same way. - correct
True or false? Sexual infidelity is a qualifying trigger for the purposes of the defence of loss of control.
False, sexual infidelity alone cannot be a trigger.
True or false? Involuntary manslaughter does not require the mens rea for murder to be satisfied.
ResponsesPress Enter or Space to submit the answer
True
Which of the following are elements of gross negligence manslaughter? Choose all that apply.
response - incorrect
ResponsesPress Enter or Space to submit the answer
Duty of care.
Duty of care. - correct
Correct
Breach of duty.
Breach of duty. - correct
Correct
Breach amounts to gross negligence.
Breach amounts to gross negligence. - correct
Correct
Serious and obvious risk of death.
Serious and obvious risk of death. - correct
Correct
Causation of death.
Which of the following best describes the offence of assault?
Intentionally or recklessly causing another to apprehend the immediate application of unlawful force
True or false? Fear of physical contact is required to make out a prima facie case for assault.
ResponsesPress Enter or Space to submit the answer
False, the victim need not be afraid of the potential contact.
Which of the following are examples of events that could constitute battery? Choose all that apply.
response - incorrect
ResponsesPress Enter or Space to submit the answer
Touching another’s sleeve.
Touching another’s sleeve. - correct
Correct
Kicking a ball against another’s head.
Kicking a ball against another’s head. - correct
Getting a guard dog to bite another.
Getting a guard dog to bite another. - not selected, this is the correct answer
Correct
Driving a car onto another’s foot.
Which of the following offences against the person is the most serious?
ResponsesPress Enter or Space to submit the answer
s18 wounding or causing grievous bodily harm with intent.
Which of the following best describes the mens rea of the offence of s20 wounding or causing grievous bodily harm?
Intention to cause some harm or recklessness regarding the risk of causing some harm.
True or false? The injury required to make out a prima facie case for s18 wounding or causing grievous bodily harm with intent is the same as for s20 wounding or causing grievous bodily harm.
ResponsesPress Enter or Space to submit the answer
True, no more serious injury is required and the difference is in the intention required.
Which of the following best describes the intention required to make out a prima facie case for the offence of s18 wounding or causing grievous bodily harm with intent?
Intention to cause grievous bodily harm or foresee the risk of harm and intend to resist lawful arrest.
Which of the following best reflects the definition of theft?
The dishonest appropriation of property belonging to another with intention to permanently deprive the other of it.
Which of the following are examples of where consent would constitute a valid defence to the relevant offences against the person? Choose all that apply.
Getting a tattoo.
Getting a tattoo. - correct
Circumcision.
Circumcision. - not selected, this is the correct answer
Bumping into another on a crowded bus.
Bumping into another on a crowded bus. - not selected, this is the correct answer
Correct
Tackling another player within the rules of the game during a rugby match, resulting in a broken tooth.
Which of the following are examples of property for the purposes of theft? Choose all that apply.
A watch.
A watch. - correct
Correct
A shed attached to the land.
A shed attached to the land. - correct
A copyright.
A copyright. - not selected, this is the correct answer
Correct
Money.
True or false? It is possible to steal your own property under the definition of theft.
False, because by legal definition, you cannot dishonestly appropriate your own property.
In which of the following situations is the defendant deemed NOT to be dishonest? Choose all that apply.
Correct
The defendant has an honest belief that they have a right in law to the property.
The defendant has an honest belief that they have a right in law to the property. - correct
Correct
The defendant has an honest belief that they would have the owner’s consent.
The defendant has an honest belief that they would have the owner’s consent. - correct
The defendant has an honest belief that the owner cannot be found by taking reasonable steps.
True or false? To have the mens rea needed to make out a prima facie case for burglary, at the time of entry the defendant must have had intent to commit theft, grievous bodily harm, or criminal damage.
ResponsesPress Enter or Space to submit the answer
False, as the mens rea may be satisfied later by committing theft, attempted theft, grievous bodily harm, or attempted GBH whilst inside.
True or false? A defendant could be convicted of aggravated burglary if they had an imitation firearm with them at the time of the burglary.
True, aggravated burglary arises when the defendant carried a firearm, imitation firearm, explosive, or any item adapted or intended to be used to cause injury.
Which of the following would be sufficient to satisfy the actus reus requirements to make out a prima facie case for fraud by false representation? Choose all that apply.
Dishonestly making a false representation as to a fact.
Dishonestly making a false representation as to a fact. - correct
Dishonestly making a false representation as to state of mind (for example, “I promise I intend to. . . “).
Dishonestly making a false representation as to state of mind (for example, “I promise I intend to. . . “). - not selected, this is the correct answer
Correct
Dishonestly making a false representation as to law.
True or false? The mens rea element for fraud by false representation requires proof that the defendant intended to make a gain for themselves.
False, as intent to cause a loss to another will also satisfy the mens rea requirement.
True or false? A prima facie case for fraud by false representation requires that a misrepresentation be made to a human being.
False, for example, a thief may commit fraud by making a representation to a vending machine that a stolen credit card is hers.
Which of the following elements do criminal damage and arson have in common? Choose all that apply.
Damaging or destroying.
Damaging or destroying. - correct
Correct
Property.
Property. - correct
Correct
Belonging to another.
Belonging to another. - correct
Correct
Intention or recklessness as to damaging property.
True or false? To make out a prima facie case for criminal damage, the property damaged must be physical property (for example, not a copyright), but wild plants are excluded.
True in all respects.
If the defendant has done something to another’s property that merely requires cleaning to put the property back as it was (such as writing with chalk on a wall), is the defendant’s act sufficient to satisfy the actus reus element of criminal damage?
ResponsesPress Enter or Space to submit the answer
Yes, as the term ‘damage’ includes slight damage and damage that can easily be repaired.
True or false? A person who aids, abets, counsels, or procures another in committing a crime can be found guilty only of the lesser offence of being an accessory to the principal offence.
ResponsesPress Enter or Space to submit the answer
False, as accessories may be charged as principal offenders.
True or false? The mens rea for attempted murder is intention to kill or cause GBH.
B False, intention to kill is required.
True or false? If a person intentionally undertakes an action wrongly believing that the action is illegal and with the intent to commit an offence, they can be held liable for attempt.
ResponsesPress Enter or Space to submit the answer
False, because the offence is legally impossible.
Can a person who is charged only with attempt be held criminally liable for the underlying offence if it is proved at trial that the defendant completed the offence?
No, but a person charged only with a completed offence can be found liable for attempt if the elements for attempt are proved and the completed crime is not proved.
Intoxication can negate mens rea in certain circumstances. Choose all the circumstances that apply.
The intoxication is involuntary.
The intoxication is involuntary. - correct
Correct
The voluntary intoxication is with a nondangerous substance.
The voluntary intoxication is with a nondangerous substance. - correct
The defendant was voluntarily intoxicated, and the offence charged is one of specific intent.
Question
Which of the following are required for the defence of necessity to be available? Choose all that apply.
The act was required to avoid some inevitable and irreparable evil.
The act was required to avoid some inevitable and irreparable evil. - correct
Correct
The defendant only did what was reasonably necessary.
The defendant only did what was reasonably necessary. - correct
The evil inflicted was not disproportionate to the evil avoided.
Which of the following are required for the defence of self-defence to be available? Choose all that apply.
A subjective belief that the use of force was immediately required.
A subjective belief that the use of force was immediately required. - not selected, this is the correct answer
Correct
The level of force used was objectively reasonable/proportionate in the circumstances as the defendant believed them to be.
True or false? For non-householder cases, the level of force used must be proportionate, whereas for householder cases the level of force must not be grossly disproportionate.
True
If a defendant intends to rely upon the defence of duress, which of the following restrictions would apply?
The offence cannot be murder or attempted murder.
The offence cannot be murder or attempted murder. - not selected, this is the correct answer
Correct
There must be a threat of death or serious bodily injury.
There must be a threat of death or serious bodily injury. - correct
Correct
A person of reasonable firmness with the defendant’s characteristics would have acted the same.
A defendant appears in the Magistrates’ Court charged with assault.
What is the maximum sentence that the defendant could face?
ResponsesPress Enter or Space to submit the answer
Six months’ imprisonment.(C) The maximum sentence the defendant could face is six months’ imprisonment. Assault is a summary only offence that can be tried only in the Magistrates’ Court. The Magistrates’ Court’s sentencing powers are limited to six months for a single offence. The maximum sentence for assault is six months. For this reason, (A), (B), (D), and (E) are incorrect.QUESTION ID: C
A defendant is standing trial for theft. He denies committing the offence and says he was elsewhere with his wife at the time. Both the prosecution and the defendant want the defendant’s wife to give evidence. However, the defendant’s wife is afraid to attend court and does not want to give evidence.
Which of the following best describes whether the defendant’s wife will have to give evidence at trial?
The defendant’s wife is competent for both the prosecution and defence, but is compellable only by the defence.(B) The defendant’s wife is competent for both the prosecution and defence but compellable only for the defence. For the prosecution, the defendant’s spouse or civil partner is competent but not compellable unless the offence involves assault, injury, or threat of injury to them or a child under 16; a sexual offence on a child under 16; or attempting, conspiring, aiding, or abetting those offences. For the defendant, their spouse or civil partner is competent and compellable (unless they are jointly charged). This means the defendant’s wife is allowed to give evidence for the prosecution and defence, but she can be forced to give evidence by the defence only. (A) is incorrect as the wife is not compellable for the prosecution. (C) is incorrect as the wife is compellable for the defence. (D) is incorrect as the wife is competent for the prosecution, and (E) is incorrect as the wife is compellable for the defence.
A defendant appears in the Magistrates’ Court charged with assault.
What is the maximum sentence that the defendant could face?
Six months’ imprisonment.(C) The maximum sentence the defendant could face is six months’ imprisonment. Assault is a summary only offence that can be tried only in the Magistrates’ Court. The Magistrates’ Court’s sentencing powers are limited to six months for a single offence. The maximum sentence for assault is six months. For this reason, (A), (B), (D), and (E) are incorrect.
A defendant is standing trial for theft. He denies committing the offence and says he was elsewhere with his wife at the time. Both the prosecution and the defendant want the defendant’s wife to give evidence. However, the defendant’s wife is afraid to attend court and does not want to give evidence.
Which of the following best describes whether the defendant’s wife will have to give evidence at trial?
The defendant’s wife is competent for both the prosecution and defence, but is compellable only by the defence.(B) The defendant’s wife is competent for both the prosecution and defence but compellable only for the defence. For the prosecution, the defendant’s spouse or civil partner is competent but not compellable unless the offence involves assault, injury, or threat of injury to them or a child under 16; a sexual offence on a child under 16; or attempting, conspiring, aiding, or abetting those offences. For the defendant, their spouse or civil partner is competent and compellable (unless they are jointly charged). This means the defendant’s wife is allowed to give evidence for the prosecution and defence, but she can be forced to give evidence by the defence only. (A) is incorrect as the wife is not compellable for the prosecution. (C) is incorrect as the wife is compellable for the defence. (D) is incorrect as the wife is competent for the prosecution, and (E) is incorrect as the wife is compellable for the defence.
A defendant is standing trial on an allegation of actual bodily harm (‘ABH’) in the Crown Court. The defendant is giving evidence. He states, “I know I’ve got convictions for stuff like this in the past, but I don’t do this kind of thing anymore”.
What will be the effect of the defendant’s statement about his past convictions?
His previous convictions will be admissible in evidence in the proceedings.(A) The defendant’s statement will cause his previous convictions to be admissible in evidence in the proceedings. A defendant’s previous convictions are bad character evidence. One of the seven gateways to bad character being admitted in evidence is when it is adduced by the defendant, which is the case here. There is no requirement for the defendant to realise the effect of their statement, and so (B) is incorrect. (C) is incorrect as the defendant’s previous convictions fall under the gateway of the evidence being adduced by the defendant. (D) and (E) are incorrect as, whilst the defendant’s previous convictions could potentially also be admissible under the grounds cited, these are not the only routes to admission because the convictions are clearly admissible as evidence adduced by the defendant.
Question
A solicitor attends a police station to advise a man who has been arrested on suspicion of affray. Once there, the solicitor is asked whether he can also assist a woman who was arrested in relation to the same matter. The solicitor agrees to act for both and speaks to the man first. The man admits being at the scene but says the woman used much more force than he did and was the main perpetrator.
What should the solicitor do?
Cease to act for the woman.(C) The solicitor should cease to act for the woman. A likely conflict has arisen between the two suspects because the man alleges that the woman was the main perpetrator. The solicitor can no longer represent both, and so (D) is incorrect. Whilst the solicitor can no longer represent both, he has not yet taken any instructions from the woman, and so he does not need to withdraw entirely. Therefore, (A) is incorrect. Having spoken to the man already, the best course of action is to cease to act for the woman and avoid a likely conflict of interest. (B) is incorrect, as the solicitor has already spoken with the man and so he is the only client the solicitor can continue to represent. (E) is incorrect as the firm can represent only one of the defendants; the firm will be equally bound to avoid a conflict.
A defendant is standing trial for theft in the Crown Court. The allegation is that he stole £500 from his employer’s account. The defendant has no previous convictions. He is 47 years old and has been in continuous employment since the age of 21. He volunteers at the local homeless shelter. The judge is summing up and giving directions to the jury.
What is the defendant entitled to have the judge say about his good character?
Evidence of good character is relevant both to the propensity of the defendant to commit offences and to the credibility of the defendant’s account.(B) Evidence of good character can be taken into account when considering both the defendant’s propensity to commit the offence and their credibility. If the defendant has no previous convictions, they are entitled to a good character direction. This consists of two parts: the propensity direction and the credibility direction. The propensity direction is that a person of good character is less likely to have committed this offence. The credibility direction is that a person of good character is more likely to be credible when they assert their innocence either before or during trial. (A) and (C) are incorrect as they only acknowledge one limb of a good character direction. (D) and (E) are incorrect as the defendant’s good character can be taken into account when considering whether he committed the offence.
A defendant is standing trial for theft. At trial, there will be three witnesses for the prosecution. The defendant intends to give evidence herself, and there are two defence witnesses.
In what order will the witnesses give evidence?
Prosecution witnesses, the defendant, defence witnesses.(C) The prosecution witnesses will give evidence first, followed by the defendant and then the defence witnesses. The prosecution set out their case first, followed by the defence. If a defendant gives evidence, they will be the first defence witness to do so. (A) and (B) are incorrect as they indicate the defendant gives evidence before the prosecution. (D) is incorrect as it indicates the defendant comes after the other defence witnesses. (E) is incorrect as it indicates the defence calls witnesses before the prosecution.
The defendant appears at the Crown Court charged with criminal damage. The prosecution case is that the defendant scratched her ex-boyfriend’s sports car with a key, let down its tyres, and smashed its windscreen. The defendant accepts that she let down the tyres but denies that she either smashed the windscreen or scratched the car. She has offered to plead guilty on this basis, but the prosecution do not accept this basis of plea.
What is likely to happen next?
The judge will conduct a hearing to decide on which basis to sentence.(E) The judge will conduct a hearing to decide on which basis to sentence. If the prosecution do not accept the defendant’s basis of plea, the court will hold a Newton hearing to settle the disputed facts. A Newton hearing takes the form of a trial in which witnesses are called to give evidence. If the hearing is settled in the prosecution’s favour, the defendant will lose any credit for the guilty plea. If the hearing is settled in the defendant’s favour, the defendant will retain any credit for guilty plea. (A) is incorrect because the matter will not go to trial, as the defendant accepts her guilt. (B) and (C) are incorrect, as the judge will not automatically sentence on the basis of either the prosecution or the defence. (D) is incorrect, as the judge will not ask a jury to decide the disputed facts; juries are not involved in sentencing.
A defendant is convicted in the Magistrates’ Court of theft and sentenced to three months’ imprisonment. The defendant wants to appeal his sentence to the Crown Court. His solicitor advises against this, as it is the solicitor’s advice that the sentence is commensurate with the seriousness of the offence.
If the defendant decides to proceed on the appeal, could the sentencing outcome be worse for the defendant?
Yes, the Crown Court could increase the sentence imposed, but it is restricted to the Magistrates’ Court sentencing powers.(A) The Crown Court has the power to impose any sentence it wishes, but it is restricted by the Magistrates’ Court sentencing powers. This means the court may choose to increase a three month term of imprisonment up to six months, the maximum the Magistrates’ Court can impose for a single either way offence. (B) is incorrect, as the Crown Court is restricted to the Magistrates’ Court’s sentencing powers on appeals against sentence for all offences, including either way offences. (C), (D), and (E) are incorrect as the Crown Court is not in any way restricted by the sentence imposed by the Magistrates’ Court
Four brothers, aged nine, 10, 12, and 14, commit a burglary together.
Which of the four brothers can be criminally charged?
ResponsesPress Enter or Space to submit the answer
The 14-year-old, the 12-year-old, and the 10-year-old only.(C) The 14-year-old, 12-year-old, and 10-year-old can be criminally charged for the burglary. The age of criminal responsibility is 10. Children under the age of 10 are not criminally liable and cannot be charged. Children aged 10-17 will generally appear in the Youth Court and will be treated in accordance with their age.QUESTION ID: CRP003
