Appeal MCQ Flashcards
Where will an adult defendant charged with common assault generally make their first appearance, have their trial and be sentenced?
A. In a magistrates’ court for first appearance, trial and sentencing.
B. In a magistrates’ court for first appearance and trial, the Crown Court for sentencing.
C. In the Crown Court for first appearance, trial and sentencing.
D. In a magistrates’ court for first appearance and the Crown Court for trial and sentencing.
A. In a magistrates’ court for first appearance, trial and sentencing.
. Common assault is a summary only offence which will be dealt with in a magistrates’ court in its entirety.
Which of the following best reflects the standard directions which might be made on a not guilty plea to a summary only offence?
A. Bad character evidence, hearsay evidence, special measures, disclosure, expert evidence, indication of sentence if requested.
B. Bad character evidence, hearsay evidence, special measures, disclosure, expert evidence, warnings to the defendant about inferences from a failure to testify.
C. Bad character evidence, hearsay evidence, special measures, disclosure, expert evidence, and editing transcripts of interviews.
C. Bad character evidence, hearsay evidence, special measures, disclosure, expert evidence, and editing transcripts of interviews.
These are not the only directions but reflect the standard directions which could be made
Which of the following is an incorrect statement in respect of summary only cases?
A. A defendant who pleads guilty to a summary only offence can be sentenced at the first hearing.
B. A defendant must be present at the first hearing in relation to a summary only offence.
C. A defendant appearing for a summary only offence must be served with the initial details of the prosecution case, if they request.
B. A defendant must be present at the first hearing in relation to a summary only offence.
Correct. The defendant does not need to be present. It is possible to plead guilty by post. The court can, and will often, proceed in the absence of the defendant for more minor offences.
