Pre-Trial Matter II Flashcards
In the Crown Court, when can a defendant apply to change a plea from guilty to not guilty?
A) Only after the verdict has been given
B) At any time before sentencing
C) Only at the sentencing hearing
D) Only within 7 days of the plea
B) At any time before sentencing
Explanation: A defendant may apply to change a guilty plea to not guilty any time before sentence is passed. The court must exercise this discretion sparingly.
Under what legislation can defence seek to exclude prosecution evidence on fairness grounds?
A) Criminal Justice Act 2003, section 101
B) Youth Justice and Criminal Evidence Act 1999, section 16
C) Police and Criminal Evidence Act 1984, section 78
D) Coroners and Justice Act 2009
C) Police and Criminal Evidence Act 1984, section 78
Explanation: Section 78 PACE allows exclusion of prosecution evidence if admitting it would have such an adverse effect on fairness.
Which special measure allows a witness to give evidence without being physically in the courtroom?
A) Live TV link
B) Screens
C) Private evidence
D) Removal of wigs and gowns
A) Live TV link
Explanation: Under section 24 YJCEA 1999, witnesses can testify via live TV link, away from the main courtroom.
What is required before a court can issue a witness summons?
A) A statement that the witness is reluctant
B) Proof that the witness has previously refused
C) Evidence that the witness has lied in the past
D) That the witness can give material evidence and it is in the interests of justice
D) That the witness can give material evidence and it is in the interests of justice
Explanation: The court issues a summons if a witness likely holds material evidence and it is just to compel attendance.
A defendant has been advised properly, without pressure, and entered a guilty plea. Now, before sentencing, they wish to change their plea. What is the most likely outcome?
A) The court must allow the change.
B) The defendant must explain their reasons but the court will easily agree.
C) The court will automatically refuse.
D) The court will exercise discretion very sparingly and likely refuse.
D) The court will exercise discretion very sparingly and likely refuse.
Explanation: Courts rarely allow guilty pleas to be changed unless there was misadvice or significant injustice.
In a robbery case, a vulnerable witness with learning difficulties needs support during cross-examination. Which special measure is appropriate?
A) Use of wigs and gowns
B) Giving evidence in private
C) Video recorded evidence-in-chief
D) An intermediary to assist communication
D) An intermediary to assist communication
Explanation: An intermediary helps vulnerable witnesses communicate clearly in court, ensuring fairness.
The defence wants to introduce hearsay evidence on the morning of the trial. Where is this most likely to be dealt with?
A) During the trial, at a convenient time
B) Only at the PTPH
C) In a separate hearing long before trial
D) Only after verdict
A) During the trial, at a convenient time
Explanation: Late applications to admit evidence are usually dealt with flexibly during trial if necessary.
A defence barrister wants to apply for live link evidence for a vulnerable adult defendant with a mental disorder. What must the court be satisfied about?
A) It is in the interests of justice and it would improve the quality of evidence
B) The defendant’s case would collapse otherwise
C) It is requested by the prosecution
D) It will save time for the court
A) It is in the interests of justice and it would improve the quality of evidence
Explanation: Live link evidence must be in the interests of justice and help improve evidence quality.
If a defendant wishes to exclude bad character evidence being admitted under s.101(1)(d) CJA 2003, which safeguard provision applies?
A) Section 78 PACE
B) Section 106 CJA
C) Section 17 YJCEA
D) Section 101(3) CJA
D) Section 101(3) CJA
Explanation: Section 101(3) CJA requires the court to exclude evidence if it would unfairly affect the trial.
A witness summons has been issued but the witness fails to attend court without a just excuse. What can the court do?
A) Issue an immediate conviction against the witness
B) Issue a fine only
C) Issue a warrant for arrest
D) Automatically cancel the summons
C) Issue a warrant for arrest
Explanation: Disobeying a witness summons can lead to a warrant for arrest and contempt proceedings.
A special measure involving ‘giving evidence in private’ is most likely used when:
A) The defendant is a minor
B) The defendant has a mental disorder
C) The witness is vulnerable and the public gallery presence would affect evidence
D) The trial concerns minor regulatory offences
C) The witness is vulnerable and the public gallery presence would affect evidence
Explanation: Giving evidence in private helps protect vulnerable witnesses from public scrutiny.
Which of the following is NOT an available special measure under the Youth Justice and Criminal Evidence Act 1999?
A) Witness anonymity orders
B) Use of screens
C) Live TV link
D) Aids to communication
A) Witness anonymity orders
Explanation: Anonymity orders are governed by the Coroners and Justice Act 2009, not the YJCEA 1999.
