Questions Wrong In Mocks

Question 1

What should you do if no longer intent to call a witness but you told prosecution you would call

Answer 1

Serve an amended notice of intention to call witness

Question 3

Can the mags try a defendant in absence

Answer 3

Yea
If under 18 then they may try in absence

If over 18 then they must try in absence unless it appears to the court to be contrary to the interests of justice

But the mags shall not proceed in absence if it considers there is an acceptable reason for failure to appear- they do not need to inquire though

The mags will then proceed as if D was present

Question 4

Can the crown try a defendant in absence

Answer 4

Must not unless
- D has waived right to attend and
- the trial will be fair despite the defendants absence

Trial should not continue if D absent because of reasons beyond their control eg sickness

If trial continues in absence then judge should warn the jury not to hold against D

Question 5

Do you still have a plea before venue hearing for a linked offence

Answer 5

Yes because they may send up but don’t have to

Question 6

Must the judge allow D to withdraw guilty plea

Answer 6

No it is discretionary and judge can do anytime before sentencing passed

Question 7

Which is given priority , compensation or fine

Answer 7

Compensation

Question 8

Can mags issue a bench warrant if don’t think summon would be enough

Answer 8

Yes

Question 9

How long to serve defence statement in crown court

Answer 9

28 days from initial disclosure

Question 10

If you want to serve defence statement in mags, when should you do so

Answer 10

Within 14 days of initial disclosure

Question 11

Does an expert need to have qualifications

Answer 11

No

Question 12

If single judge grants leave to appeal on first ground but not second, can you still use second

Answer 12

No unless renew is successful