Introduction MCQ

Question 1

The overriding objective is to deal with criminal cases in what way?

A. Expeditiously

B. Fairly

C. Justly

Answer 1

C. Justly

Question 2

Which of the following best explains how the parities should consider deadlines imposed by the court?

A. Deadlines can be ignored, the point is to ambush the other party

B. Deadlines should be adhered to and failure to do so could lead to a sanction

C. Deadlines are approximate, what is important is that documents are served and filed around the deadline

Answer 2

B. Deadlines should be adhered to and failure to do so could lead to a sanction

See Part 3 of the CrimPR which provides for the effective case management of criminal cases.

Question 3

Can a case progress in the defendant’s absence?

A. No

B. Yes

Answer 3

B. Yes

The advocate attending the case management hearing will be asked to confirm that they have advised the defendant that his trial may go ahead in his absence if he fails to attend.

Question 4

What is the classification of the offence of burglary?

A. Indictable only

B. Summary

C. Either-way

Answer 4

C. Either-way

Question 5

What is the classification of the offence of attempted aggravated criminal damage?

A. Either-way

B. Indictable only

C. Summary

Answer 5

B. Indictable only

Aggravated criminal damage is an indictable only offence. Attempts to commit indictable only offences will be triable only on indictment.

Question 6

What is the classification of the offence of inflicting grievous bodily harm or wounding contrary to section 20 Offences Against the Person Act 1861?

A. Either-way

B. Summary

C. Indictable only

Answer 6

A. Either-way

By contrast, the offence of wounding or causing grievous bodily harm with intent contrary to section 18 Offences Against the Person Act 1861 is an indictable only offence.

Question 7

What is the classification of the offence of simple criminal damage which is £5,000 or less?

A. Either-way

B. Summary

C. Indictable only

Answer 7

B. Summary

If the criminal damage is £5,000 or less it will be treated as a summary offence. If the criminal damage exceeds £5,000 it is an either-way offence.

Question 8

What is the classification of the offence of robbery?

A. Summary

B. Indictable only

C. Either-way

Answer 8

B. Indictable only

Aggravated burglary is also an indictable only offence for example.

Question 9

What is the classification of the offences of assault and battery?

A. Indictable only

B. Either-way

C. Summary

Answer 9

C. Summary

In addition, criminal damage where the value is £5,000 or less is treated as a summary offence.

Question 10

What is the classification of the offence of theft?

A. Either-way

B. Summary

C. Indictable only

Answer 10

A. Either-way

Low value shoplifting, where the value does not exceed £200, is now said to be a summary only offence. However, the statute still allows an adult defendant to elect trial in the Crown Court, so you should therefore continue to treat shoplifting as a theft which is an either-way offence.

Question 11

Which of the following is not a key part of the criminal justice process as discussed in this element?

A. Appeal

B. Arrest

C. Trial

D. The prevention of crime

E. Plea

Answer 11

D. The prevention of crime

The key elements of the criminal justice process discussed in this element were: arrest/ requisition, plea, trial, sentencing and appeals. The prevention of crime is more of a matter for criminology studies but does become a factor when sentencing someone found guilty of a crime.

Question 12

All of the following bodies can bring prosecutions. However, which of the following is the main body which brings prosecutions in England and Wales?

A. Crown Prosecution Service

B. Health and safety executive

C. Private individuals

D. Transport for London

E. Railway operators

Answer 12

A. Crown Prosecution Service

Other bodies such as Transport for London, railway operators and the Health and Safety Executive prosecute their own matters. Private individuals can bring prosecutions too but the CPS has the right to intervene and take over such cases.

Question 13

What is the main statute that governs police conduct in criminal investigations?

A. Police Powers Act 1984

B. Governance of Police Powers Act 1984

C. Police and Criminal Evidence Act 1984

Answer 13

C. Police and Criminal Evidence Act 1984

Question 14

Which of these is NOT one of the seven Principles set out in the SRA Standards and Regulations?

A. To act in the firm’s best interests.

B. To act honestly.

C. To act in a way that encourages equality, diversity and inclusion.

D. To act in the best interests of each client.

Answer 14

A. To act in the firm’s best interests.

This is not one of the seven Principles set out by the SRA. The Principles focus on your duties to your client, the court and upholding the public’s trust and confidence in the profession.

Question 15

Which of the following correctly sets out the position regarding accepting third party instructions to represent a client at the police station?

A. You can only accept instructions from the client.

B. You can only accept instructions from the client or someone properly authorised to provide instructions on their behalf.

C. You can only accept instructions from the police officer in charge of the case.

Answer 15

B. You can only accept instructions from the client or someone properly authorised to provide instructions on their behalf

This can include a relative or family member of the person who is being detained in police custody. You should contact the police station and ask to speak with the client to confirm that they wish to instruct you and ensure they have not asked for another solicitor or the duty solicitor to act on their behalf.

Question 16

Which of the following correctly sets out the position you should take if a conflict of interest arises between clients?

A. If there is a conflict of interests between clients, or a risk of one, you must continue to act for both of them but make them aware of the conflict.

B. If there is a conflict of interests between clients, or a risk of one, you must obtain written authority to continue to act for both of them.

C. If there is a conflict of interests between clients, or a risk of one, you must not act for all, or possibly any, of them.

Answer 16

C. If there is a conflict of interests between clients, or a risk of one, you must not act for all, or possibly any, of them.

You must not act for two clients if there is a conflict, or risk of conflict. You would not be able to act in either client’s best interests if a conflict arises. Please see the Law Society Practice Note on Conflicts of Interest.

Question 17

Which of the following correctly sets out the position regarding your duties of confidentiality and disclosure?

A. The duty of disclosure always overrides the duty of confidentiality.

B. The duty of confidentiality always overrides the duty of disclosure.

C. The duty of disclosure sometimes overrides the duty of confidentiality.

D. The duty of confidentiality sometimes overrides the duty of disclosure.

Answer 17

B. The duty of confidentiality always overrides the duty of disclosure.

Confidentiality always overrides disclosure but if you are unable to disclose important information to a client because of your duty of confidentiality then you will need to cease to act for the client as you will be unable to act in that client’s best interests.

Question 18

Your client’s case is set for trial and they have told you that they are guilty of the offence. Which of the following correctly sets out your position?

A. You can continue to represent the client but only if they change their plea to guilty.

B. You can continue to represent the client, but you cannot advance a positive case.

C. You can continue to represent the client and put forward a defence

Answer 18

B. You can continue to represent the client, but you cannot advance a positive case.

You owe a duty not to mislead the court. You can continue to act even if your client has told you that they are guilty of the offence but only if you or your client do not try to put forward a case in your client’s defence

Question 19

What does trial on indictment mean?

A. Trial by magistrates in a magistrates’ court

B. Trial by jury in the Crown Court

C. Trial by jury in a magistrates’ court

Answer 19

B. Trial by jury in the Crown Court

Either-way offences and indictable only offences can be heard before a jury.

Question 20

What are the three classifications of offences?

A. Property offences, fatal offences and non-fatal offences against the person

B. Summary, either-way and indictable only

C. Low, medium and high

Answer 20

B. Summary, either-way and indictable only

Either-way offences are also known as ‘indictable’ as they are capable of being tried on indictment.

Question 21

If the statute provides a maximum penalty on summary conviction but does not provide for a penalty on conviction on indictment, what type of offence is it?

A. Indictable offence

B. Either-way offence

C. Summary offence

Answer 21

C. Summary offence

Reading the statute is one of the ways to determine the classification of an offence.

Question 22

If the statute provides one penalty for summary conviction and a different one for conviction on indictment, what type of offence is it?

A. Either-way

B. Indictable only

C. Summary

Answer 22

A. Either-way

A close reading of the statute is one way to tell whether an offence is either-way. An offence can also be either-way if listed in Schedule 1, Magistrates’ Courts Act 1980.

Question 23

If the statute provides only for a penalty on conviction on indictment or is a common-law offence what type of offence is it?

A. Indictable-only

B. Either-way

C. Summary

Answer 23

A. Indictable-only

Reading the statute and knowledge of the common-law offences helps determine the classification of offences.

Question 24

Which judges can sit in a summary trial?

A. District Judges

B. Lay justices or District Judges

C. Lay justices

D. Lay justices, District Judges or Deputy District Judges

Answer 24

D. Lay justices, District Judges or Deputy District Judges

Correct. Lay justices (also known as Justices of the Peace), District Judges (a salaried judge) or a Deputy District Judge (a solicitor or barrister with a part-time judicial post) can conduct trials in the magistrates’ court.

Question 25

What is the function of a jury in a Crown Court trial?

A. Tribunal of law

B. Tribunal of fact

C. Sums up the case

Answer 25

B. Tribunal of fact

There are certain circumstances in which the judge may also act as a tribunal of fact such as when hearing a submission of no case to answer, a voir dire or a Newton hearing which will be considered in separate elements.

Question 26

How are the roles of tribunal of fact and tribunal of law dealt with in the magistrates’ court?

A. The magistrates are the tribunal of fact and the legal advisor is the tribunal of law

B. The magistrates are the tribunal of fact and tribunal of law

C. The magistrates are the tribunal of law, there is no tribunal of fact

Answer 26

B. The magistrates are the tribunal of fact and tribunal of law

This is arguably an unsatisfactory position when the magistrates make a ruling of law that certain evidence is inadmissible but hear the evidence in order to make that decision. In contrast, in the Crown court it would be the judge that would make a ruling of law that certain evidence is inadmissible and the jury would never hear the evidence.

Question 27

How many Crown Courts are there in England and Wales?

A. 10-19

B. Less than 10

C. One

D. More than 20

Answer 27

C. One

The Crown Court is regarded as a single court that sits in different places.