First Hearing MCQ

Question 1

Defendants routinely misuse the terms bail and remand. Which one of the following is the best meaning of remand?

A. Where the defendant is presented to court, and the court cannot conclude the case in one hearing.

B. Where the defendant is obliged to come back to court to continue with the case.

C. Where the defendant waits in custody for the next court hearing.

D. Where the defendant is on bail until the next court hearing.

Answer 1

B. Where the defendant is obliged to come back to court to continue with the case.

The defendant may serve the remand in custody or in the community on bail.

Question 2

Who applies for the defendant to be remanded into custody?

A. The Judge

B. The prosecution

C. The defendant

D. The jury

Answer 2

B. The prosecution

It is for the prosecution to apply to have the defendant remanded into custody if that is its desire by presenting objections to bail.

Question 3

Who can grant bail in murder cases?

A. The Judge in the Crown Court

B. The defence

C. The jury

D. The Magistrates’ Court

E. The prosecution

Answer 3

A. The Judge in the Crown Court

Question 4

The presumption in favour of bail is found in which section of the Bail Act 1976?

A. Section 3

B. Section 2

C. Section 4

D. Section 1

Answer 4

C. Section 4

The court must presume that a defendant is entitled to bail, and it is only if an objection is properly made out that bail can be refused.

Question 5

The presumption in favour of bail applies in which of the following situations?

A. On appeal from conviction or sentence

B. On conviction whilst reports are prepared pending sentence.

C. To defendants being committed for sentence from the Magistrates’ Court to the Crown Court

Answer 5

B. On conviction whilst reports are prepared pending sentence.

. Although the concerns about a defendant absconding may be more serious following a conviction.

Question 6

Which of the following is one of the ‘big three’ grounds for objecting to bail?

A. The defendant is already serving a sentence in custody

B. Fail to surrender to custody

C. A remand in custody would be for the defendant’s own protection

D. The court has insufficient information to deal with the issue of bail

Answer 6

B. Fail to surrender to custody

This is one of the three primary grounds for objecting to bail for ‘indictable’ offences.

Question 7

Which of the following is a ground for objection to bail rather than a factor to be taken into consideration?

A. Nature and seriousness of the offence and the likely sentence

B. Strength of the evidence

C. Bail record in the past

D. Commit further offences

E. Character of the defendant, his antecedents, associations and community ties

Answer 7

D. Commit further offences

This is one of the three primary grounds for objecting to bail for ‘indictable’ offences.

Question 8

If the court was concerned that the defendant would leave town and fail to attend the next court hearing, which of the following would be the most appropriate condition to impose?

A. Security

B. Residence at a given address

C. Surety

D. Restriction on who the defendant might have contact with during bail

E. Reporting to the police station at given times

Answer 8

E. Reporting to the police station at given times

Question 9

How many bail conditions can the court impose on a defendant?

A. Just one

B. No limit

C. Two conditions

Answer 9

B. No limit

The court can impose ‘such conditions as appear necessary’ meaning technically that there is no limit to the conditions that a court could choose to impose.

Question 10

Who can make an application to vary bail conditions?

A. The prosecution or the defence

B. The prosecution only

C. The defence only

Answer 10

A. The prosecution or the defence

The application should be made to the court which granted bail (or the Crown Court if the accused has been sent for trial or committed for sentence).

Question 11

In the context of bail, which of the following is an offence?

A. Breaching a bail condition

B. Not surrendering to custody

C. The Bail Act 1976 s.7

Answer 11

B. Not surrendering to custody

This is an offence punishable by up to three months’ imprisonment in the magistrates’ court or 12 months on indictment.

Question 12

Under the Bail Act 1976 s.7, officers do not have the power to arrest…?

A. Those in breach of a bail condition

B. Those who will breach a bail condition sometime in the future

C. Those about to be in breach of a bail condition

Answer 12

B. Those who will breach a bail condition sometime in the future

Question 13

Which of the following represents the maximum sentence for not surrendering to custody?

A. No sentence, as failing to surrender to custody is not an offence

B. 3 months imprisonment

C. 12 months imprisonment

Answer 13

C. 12 months imprisonment

This is an offence punishable by up to three months’ imprisonment in the magistrates’ court or 12 months on indictment.

Question 14

When does the custody time limit for a defendant awaiting trial in the magistrates’ court expire?

A. When a jury is sworn

B. When the court begins hearing evidence from the prosecution.

C. When the court begins hearing evidence from the defence.

Answer 14

B. When the court begins hearing evidence from the prosecution.

This is considered the start of the trial for the purposes of the expiry of the custody time limit.

Question 15

Within how many days of the first appearance must a trial take place in the Crown Court, if the prosecution have not successfully applied to extend the custody time limit?

A. 182 days

B. 182 days, less any days spent in custody prior to the case being sent to the Crown Court

C. 56 days

D. 28 days

Answer 15

B. 182 days, less any days spent in custody prior to the case being sent to the Crown Court

Question 16

To successfully apply to extend the custody time limit, the prosecution must be able to show which of the following?

A. It has acted with all due diligence and expedition.

B. It has acted with all due diligence and expedition and that there is good and sufficient cause to have the defendant further remanded into custody.

C. There is good and sufficient cause to have the defendant further remanded into custody.

D. That there was a good reason for the trial not taking place within the custody time limit.

Answer 16

B. It has acted with all due diligence and expedition and that there is good and sufficient cause to have the defendant further remanded into custody.

If the limits expire, then the defendant will be released, unless the prosecution successfully applies to extend the time limits.

Question 17

If a defendant is remanded into custody at their first hearing and their trial will take place in the magistrates’ court, their first remand must be for no longer than how many days?

A. 8 clear days

B. 56 days

C. 28 days

Answer 17

A. 8 clear days

Second appearance (in person or via live link) must be within eight days of the first appearance. D can make another bail application.

Question 18

How many total attempts does a defendant have at applying for bail as a general rule, if the trial is to be held at the magistrates’ court?

A. Three

B. Two

C. One

Answer 18

A. Three

he defendant can have two attempts at getting bail at the magistrates’ court, and one attempt on appeal to the Crown Court.

Question 19

In the usual case, if the defendant is having a trial at the magistrates’ court and is unsuccessful in applying for bail at first appearance, when can the issue of bail be raised for a second time?

A. One week

B. 48 hours

C. 24 hours

Answer 19

A. One week

Once the defendant has had both applications, the defendant must secure a ‘certificate of full argument’ from the magistrates’ court before then appealing to the Crown Court, if he wishes to do so.

Question 20

Which court hears prosecution appeals against granting of bail in the magistrates’ court?

A. Crown Court

B. Court of Appeal

C. Magistrates’ court

D. High Court

Answer 20

A. Crown Court

The appeal will be heard within 48 hours, excluding weekends.

Question 21

Which court hears prosecution appeals against granting of bail in the Crown Court?

A. Magistrates’ court

B. Court of Appeal

C. Crown Court

D. High Court

Answer 21

D. High Court

The appeal will be heard within 48 hours, excluding weekends.

Question 22

How quickly is a prosecution appeal against bail heard by the court?

A. Within 24 hours, excluding weekends

B. Within 48, including weekends

C. Within 24 hours, including weekends

D. Within 48 hours, excluding weekends

Answer 22

D. Within 48 hours, excluding weekends

Question 23

Which of the following is not required to be included in the initial details served on a defendant who is on bail at the time of the first hearing?

A. A summary of the circumstances of the offence

B. The defendant’s criminal record

C. Any account given by the defendant in interview

D. The preparation for effective trial form

E. Any written statements and exhibits that are available and material

Answer 23

D. The preparation for effective trial form

This is not required under Part 8 Criminal Procedure Rules. If the defendant pleads not guilty then this will be completed as part of the ongoing case management.

Question 24

Where will an adult defendant charged with robbery make their first appearance, have their trial and be sentenced?

A. In the Crown Court for first appearance, trial and sentencing.

B. In a magistrates’ court for first appearance and the Crown Court for trial and sentencing.

C. In a magistrates’ court for first appearance and trial, the Crown Court for sentencing.

D. In a magistrates’ court for first appearance, trial and sentencing.

Answer 24

B. In a magistrates’ court for first appearance and the Crown Court for trial and sentencing.

Question 25

Which of the following will not take place at a first hearing in relation to an offence of assault occasioning actual bodily harm?

A. Legal aid

B. Indication of plea

C. Consideration of bail

D. Trial

Answer 25

D. Trial

Question 26

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 and the Crown Court for trial and sentencing.

B. In the Crown Court for first appearance, trial and sentencing.

C. In a magistrates’ court for first appearance, trial and sentencing.

D. In a magistrates’ court for first appearance and trial, the Crown Court for sentencing.

Answer 26

C. In a magistrates’ court for first appearance, trial and sentencing.

Question 27

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, and editing transcripts of interviews.

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, indication of sentence if requested.

Answer 27

A. Bad character evidence, hearsay evidence, special measures, disclosure, expert evidence, and editing transcripts of interviews.

Question 28

Which of the following is an incorrect statement in respect of summary only cases?

A. A defendant must be present at the first hearing in relation to a summary only offence.

B. A defendant appearing for a summary only offence must be served with the initial details of the prosecution case, if they request.

C. A defendant who pleads guilty to a summary only offence can be sentenced at the first hearing.

Answer 28

A. A defendant must be present at the first hearing in relation to a summary only offence.

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.

Question 29

Which of the following best explains where an adult defendant charged with fraud could potentially make their first appearance, have their trial and be sentenced?

A. In a magistrates’ court for first appearance and trial, the Crown Court for sentencing.

B. In a magistrates’ court for first appearance and either a magistrates’ court or the Crown Court for trial and sentencing.

C. In a magistrates’ court for first appearance and the Crown Court for trial and sentencing.

D. In a magistrates’ court for first appearance, trial and sentencing.

Answer 29

B. In a magistrates’ court for first appearance and either a magistrates’ court or the Crown Court for trial and sentencing.

Fraud is an either-way offence, so after first appearance in a magistrates’ court, the court for trial and sentencing will depend on a variety of factors, the magistrates’ accepting jurisdiction, the defendant’s election and the magistrates’ sentencing powers.

Question 30

Which of the following best summarises when a defendant should be committed to the Crown Court for sentence?

A. When the defendant has pleaded guilty to an either-way offence and the magistrates’ court is of the view that 12 months imprisonment will be insufficient.

B. When the defendant is charged with an indictable only offence.

C. When the defendant has pleaded guilty to an either-way offence and the magistrates’ court is of the view that 6 months imprisonment will be insufficient

Answer 30

C. When the defendant has pleaded guilty to an either-way offence and the magistrates’ court is of the view that 6 months imprisonment will be insufficient

For a single either-way offence the maximum sentence is 6 months in the magistrates’ court.

Question 31

Which of the following is not an appropriate consideration for the magistrates in deciding allocation for an either-way offence?

A. The case is of unusual legal, procedural or factual complexity

B. Any personal mitigation

C. Whether the defendant has any previous convictions

D. There is no power to commit for sentence after trial

Answer 31

D. There is no power to commit for sentence after trial

In general, either-way offences should be tried summarily unless:

· the outcome would clearly be a sentence in excess of the court’s powers for the offence(s) concerned after taking into account personal mitigation and any potential reduction for a guilty plea; or

· for reasons of unusual legal, procedural or factual complexity, the case should be tried in the Crown Court.

Before making a decision on allocation, the court shall give the prosecution an opportunity to inform the court of the accused’s previous convictions (if any).

In cases with no factual or legal complications the court should bear in mind its power to commit for sentence after a trial and may retain jurisdiction notwithstanding that the likely sentence might exceed its powers.

Question 32

You are representing a man at the police station who is being investigated for causing grievous bodily harm with intent. He asks you which court will deal with his case if he is charged.

Which of these statements is the most accurate advice for your client?

A. Your first hearing will be at the Crown Court because of the seriousness of your offence.

B. Your first hearing will be at the Crown Court, which will decide whether or not to accept jurisdiction of your case.

C. Your first hearing will be at the magistrates’ court where you will be tried, but it is likely your case would be sent to the Crown Court for sentencing.

D. Your first hearing will be at the magistrates’ court but your case will be tried at the Crown Court.

E. Your first hearing will be at the magistrates’ court where the magistrates will determine whether or not to accept jurisdiction of your matter.

Answer 32

D. Your first hearing will be at the magistrates’ court but your case will be tried at the Crown Court.

S.18 GBH is an indictable only offence, but the first hearing would still be at the magistrates’ court.

The other answers are not correct:

First hearings for any indictable only offence are always at the magistrates’ court.

This is not an either way offence, so there will be no plea before venue and allocation hearing.

This is not an either way offence so the magistrates would never try the case before remitting to the Crown Court for sentence.

The first hearing would be at the magistrates and the Crown Court does not determine whether or not to accept jurisdiction.

Question 33

Your client is charged with theft and bailed to appear at the magistrates’ court the following day. She intends to plead guilty to the offence and wants to know what will happen.

Which of these statements best summarises what will happen at her first hearing?

The court will send the matter straight to the Crown Court without taking a plea.

A. The court will decide whether their sentencing powers are sufficient. If they determine their powers are sufficient then she will be given the option to elect Crown Court for sentencing.

B. The court will take the guilty plea and then commit the case to the Crown Court for sentence. The Crown Court can only sentence her to the maximum sentence available in the magistrates’ court.

C. The court will decide whether to allocate the case to the magistrates’ court or the Crown Court. In doing this they take into account the allocation guideline.

D. The court will decide whether their sentencing powers are sufficient. If they determine their powers are not sufficient then they will commit to the Crown Court for sentence.

Answer 33

D. The court will decide whether their sentencing powers are sufficient. If they determine their powers are not sufficient then they will commit to the Crown Court for sentence.

The court would have to determine whether their sentencing powers of up to 6 months’ imprisonment per offence and/or unlimited fine per offence would be sufficient. The Crown Court would have any sentence available for the offence of theft.

The other options are incorrect:

This question is not about allocation. Allocation guidelines are only considered when a defendant pleads NOT GUILTY.

This is not an indictable only offence so will not be sent directly to the Crown Court.

The Court would not automatically commit for sentence, and if it decided to then the Crown Court would not be limited in its sentencing powers.

A defendant cannot elect Crown Court for sentencing. (And why would they?).

Question 34

Your client is charged with multiple thefts from various shops and offices. He denies all the offences. Following interview he was kept in police custody until the following day when he was produced at the magistrates’ court. Your application for bail on that occasion was unsuccessful and he was remanded in custody. At the second hearing a week later you make a further application for bail but this is also refused. After the hearing you go and speak to your client in the court cells and explain what is going to happen next.

Which of these statements best sets out your client’s options with regard to bail?

A. He can make a further application for bail at the start of his trial.

B. He cannot appeal against the bail decision but he could make a further application in the magistrates’ court if there is a change in circumstances.

C. He can appeal the bail decision to the Crown Court. If he is unsuccessful he will not be able to make a further bail application unless there is a change in his circumstances.

D. He cannot appeal the bail decision to the Crown Court. He has made both his applications for bail in the magistrates’ court and therefore cannot apply for bail again.

E. He can appeal the decision to the Crown Court if there have been changes in his circumstances since the last application before the magistrates’.

Answer 34

C. He can appeal the bail decision to the Crown Court. If he is unsuccessful he will not be able to make a further bail application unless there is a change in his circumstances.

A defendant has two attempts at bail in the magistrates’ court after which they must secure a ‘certificate of full argument’ from the magistrates before appealing. The appeal is heard by the Crown Court one business day after receipt of the appeal notice.

While plausible the other options are incorrect:

It is correct he only has 2 attempts in the magistrates’ court but he can also appeal to the Crown Court.

He cannot make a further application at the start of trial as he has made 2 applications already.

He can (as of right) appeal to the Crown Court.

He doesn’t require a change of circumstances to appeal to the Crown Court.

Question 35

Your client is making her first appearance at the magistrates’ court in relation to the offence of grievous bodily harm. She is concerned that she will be refused bail because the last time she was at court (in relation to a common assault charge) she failed to attend court for sentencing and was arrested the following day. She failed to attend court due to the death of a family member. She would like to know what will happen in court when the magistrates deal with the issue of bail.

Which of these statements best sets out your advice to your client about what will happen at court in terms of bail?

A. She does not have a right to bail because of the previous breach of bail conditions, but you can still make representations on her behalf.

B. She will be granted bail because her previous fail to surrender relates to common assault which is a summary only offence.

C. She has a right to bail but the prosecution are likely to object on the basis that she will fail to surrender to custody if released on bail because of her previous fail to surrender.

D. She will be refused bail because of the previous breach of bail conditions.

E. She has a right to bail but the prosecution are likely to object on the basis of her previous convictions.

Answer 35

C. She has a right to bail but the prosecution are likely to object on the basis that she will fail to surrender to custody if released on bail because of her previous fail to surrender.

She has the right to bail but one of the grounds on which the prosecution will object is that she would fail to surrender on the basis of her previous bail record.

The other answers are plausible but not correct:

Previous convictions can be used as evidence of substantiating grounds on which she should be remanded in custody, but they are not grounds on their own.

She retains the right the bail under s. 4 of the Bail Act 1976.

She has breached bail conditions before, but that does not automatically mean she will be refused bail. The court will hear representations from prosecution and defence.

In this case it is the breach of her bail conditions that is relevant, not the nature of the offence. Common assault is summary only but she still failed to surrender to the court at the appointed time.

Question 36

Your client is due to appear before the magistrates’ court having been charged with theft of a bottle of gin from the supermarket. Your client denies the offence and intends to plead not guilty. Your client has eight recent convictions for theft, three of which are thefts at the same supermarket and one previous conviction for failing to surrender 10 years ago. Your client lives with their mother. The prosecution object to bail on grounds that your client will commit further offences while on bail.

Which of the following would be the most appropriate bail conditions to put forward for your client?

A. A condition of residence at her mother’s address, reporting at the police station daily and a night time curfew.

B. A condition of residence at her mother’s address and not to enter the supermarket.

C. A condition of residence at her mother’s address and a night time curfew.

D. A condition of residence at her mother’s address, not to enter the supermarket and to pay a surety.

E. A condition of residence at her mother’s address and for your client to surrender their passport.

Answer 36

B. A condition of residence at her mother’s address and not to enter the supermarket.

Your client has a bail address (their mother’s address) therefore it would be appropriate to put forward a condition of residence. Such a condition can be imposed to address any concerns the court may have of your client failing to surrender. Even though the prosecution do not object to bail on the grounds of failing to surrender it would strengthen your argument for granting your client bail if the condition was put forward. Your client has recent previous convictions for committing the same offence at the same location. It would therefore be appropriate to put forward a condition that your client does not enter the supermarket to reduce the risk of your client committing further offences on bail.

The other answers while plausible are incorrect.

The prosecution does not object to bail on grounds that the client will fail to surrender and therefore is would not be proportionate to impose a daily reporting condition which reduces the risk of absconding. A curfew would also not be appropriate as there is nothing to suggest that the client has a pattern of offending at night.

Even though it would be appropriate to put forward a condition of residence it would not be relevant for your client to surrender their passport. There is no information to suggest that your client will leave the country and abscond.

Even though it would be appropriate to put forward a condition of residence and for your client not to enter the supermarket, it would not be relevant for your client to pay a surety as the prosecution are objecting on the basis that she would commit further offences.

Even though it would be appropriate to put forward a condition of residence a curfew would not be relevant as there is nothing to suggest that the client has a pattern of offending at night.