Pre Trial issues - MCQs Flashcards
Cliff Daniels is charged with s.18 OAPA 1861. His defence statement states that his defence is mistaken identity and gives particulars of alibi.
If, at his subsequent trial, Daniels gives evidence that he struck the complainant in self-defence, which of the following most accurately describes the position?
[A] There is the potential for the court and prosecution to comment on the inconsistency and for the jury to draw adverse inferences.
[B] Neither the court nor prosecution may comment on the inconsistency.
[C] The different defence being run by Daniels at his trial is not a relevant matter for the jury.
[D] Only the court is able to comment on the inconsistency.
[A] There is the potential for the court and prosecution to comment on the inconsistency and for the jury to draw adverse inferences.
Sergeant Paper is the officer in charge of the investigation into a burglary at the home address of Lorraine Scrimshaw. As a result of the investigation Brian Brackenhurst was arrested, interviewed and charged. He is due to appear in the magistrates’ court next week. Sergeant Paper has authorised the disposal of the original crime report generated as a result of Miss Scrimshaw’s initial complaint. The document detailed the time of the original 999 telephone call, and the precise nature of the complaint made. Sergeant Paper was not sure whether the document had any relevance to the case.
Which of the following is most accurate?
[A] The disposal of the document was quite proper as the investigating officer was in doubt as to its relevance.
[B] The disposal of the document was improper as the investigating officer is responsible for retaining any information relevant or possibly relevant to the case.
[C] The document is purely administrative and therefore is not in a class of documents which should be recorded or retained.
[D] The document could be properly disposed of provided the defence were informed 7 days in advance.
[B] The disposal of the document was improper as the investigating officer is responsible for retaining any information relevant or possibly relevant to the case.
You prosecute the case of R-v-Christie. Christie is charged with supplying class A drugs. You are aware of unused material which reveals the name of an informant. You consider this to be extremely sensitive and not in the public interest to disclose to any extent.
Which of the following is the most appropriate course for you to take?
[A] You should apply to the court for a ruling on the issue of disclosure.
[B] You should disclose the material to the defence when making initial disclosure.
[C] You should disclose the material to the defence if it might help the
defence disclosed within the defence statement
[D] You should advise the CPS to shred the material because it is sensitive.
[A] You should apply to the court for a ruling on the issue of disclosure.
William Gordon, as a result of an alleged assault, faces an indictment containing two counts. The counts allege offences under the Offences against the Person Act 1861. The first count alleges an offence under s.18, the second an offence under s.20. They are pleaded in the alternative. Mr. Gordon wishes to plead guilty to the offence under s. 20, and not guilty to the offence under s. 18. These pleas are acceptable to the prosecution. Upon the satisfactory entry of the pleas, prosecuting counsel must make a decision on what action to be taken regarding the not guilty plea to s.18.
Which of the following best describes the course prosecuting counsel should follow:
[A] He may take the s.18 matter to trial, should he feel it in the public interest to do so.
[B] He need say nothing to the Court, since the matter is satisfactorily resolved by
the entry of the two pleas and no further action is required.
[C] He should offer no evidence upon the s.18 count, since the two counts were in the alternative, and Mr. Gordon cannot be guilty under both s. 20 and s. 18.
[D] He should leave the s. 18 count to lie on the file, since there is some evidence to prove this allegation but, in the public interest, there is no reason to pursue it.
[C] He should offer no evidence upon the s.18 count, since the two counts were in the alternative, and Mr. Gordon cannot be guilty under both s. 20 and s. 18.
Sarah Molden faces an indictment containing six counts of burglary. She is alleged to have committed six burglaries of dwelling houses, with about a week elapsing between each one. In each case she is alleged to have stolen electrical items of relatively low value. All the items have been recovered. On the morning of her PTPH, she indicates a wish to plead guilty to the first five counts on the indictment, maintaining a not guilty plea only to the last count she faces. Counsel for the prosecution must consider whether, upon the satisfactory entry of the five guilty pleas, any action should be taken concerning the not guilty plea.
Which of the following best describes the proper course she should take:
[A] She should seek a trial of the not guilty matter.
[B] She should offer no evidence upon the count to which the not guilty plea has been entered, since it is not in the public interest to try to secure a conviction on this remaining count, and offering no evidence is the only alternative to seeking a trial.
[C] She should try to obtain a voluntary bill of indictment to speed the trial of
the not guilty matter, as time considerations are imperative now that the
guilty pleas have been entered.
[D] She should seek to have the remaining count left lie on the file, since there is evidence to prove it but it is not in the public interest to do so.
[D] She should seek to have the remaining count left lie on the file, since there is evidence to prove it but it is not in the public interest to do so.
Richard Van Dyke is charged with sexual assault arising out of an incident that took place in a Nottingham night club. Richard maintains that the incident was consensual. The matter has been sent to Nottingham Crown Court and the prosecution have served the evidence in the case on the defence.
The defence statement must cover:
(a) The nature of Richard’s defence including any particular defence being run;
(b) The matters of fact on which he intends to rely with particulars;
(c) The matters of fact on which he takes issue with the prosecution with the reasons why;
(d) Any points of law he wishes to take with authorities on which he relies.
Which of the options set out below best describes the correct position?
[A] Only (i) above is correct
[B] Only (i) and (ii) above are correct
[C] (i) (ii) (iii) and (iv) above are correct
[D] Only (i) (ii) and (iii) above are correct.
[C] (i) (ii) (iii) and (iv) above are correct
In relation to defence statements, which of the following answers is WRONG?
[A] Once the case is sent to the Crown Court and the prosecution papers have been served, the defence must give a defence statement to the court and prosecutor;
[B] Once the case is sent to the Crown Court and the prosecution papers have been served, the defence may give a defence statement to the court and prosecutor;
[C] In cases tried summarily the defence may give a defence statement to the court and prosecutor;
[D] If the defence statement discloses an alibi the particulars of the alibi need to be included.
[B] Once the case is sent to the Crown Court and the prosecution papers have been served, the defence may give a defence statement to the court and prosecutor;
