Summary Trial MCQs Flashcards
Adrian Shaw is unrepresented. He is charged with the theft of a spirit level from his employer Ronstone Fireplaces. The legal adviser puts the charge to him to which he replies “Guilty… but only to borrowing it”. The legal adviser then explains the law of theft and asks him to plead again. Mr Shaw says, “I am guilty but they would have had it back within 24 hours”.
Which one of the following statements describes the best approach for the court to take?
[A] Record a guilty plea and adjourn the case for sentence.
[B] Record a not guilty plea and adjourn the case for trial.
[C] Record a guilty plea and adjourn the case for a Newton hearing.
[D] Record a not guilty plea and adjourn the case for trial advising the defendant to seek legal advice.
[D] Record a not guilty plea and adjourn the case for trial advising the defendant to seek legal advice.
Jimmy Henry, represented by a solicitor, pleaded guilty to criminal damage before Nottingham magistrates’ court. His case was adjourned for sentence. You have been instructed to represent him at the sentencing hearing. In conference prior to the hearing Mr Henry states that he wishes to change his plea to not guilty and have a trial.
Which one of the following statements is the best advice for you to give?
[A] You advise him that it will be a matter in the discretion of the justices.
[B] You advise him that the justices do not have a discretion to permit a change of plea from guilty to not guilty.
[C] You advise him that because he was legally represented when he entered his guilty plea the justices might not exercise their discretion to permit him to change it.
[D] You advise him that he has a right to change his plea from guilty to not guilty at any stage before the justices have sentenced him. – it is not an absolute right.
[C] You advise him that because he was legally represented when he entered his guilty plea the justices might not exercise their discretion to permit him to change it.
Don Poynton, aged 20, was convicted of assault occasioning actual bodily harm in the magistrates’ court. The conviction followed a three-day trial. The magistrates heard compelling evidence from the complainant that Poynton punched him to the floor and kicked him three times in the face causing substantial bruising to his cheekbone. The magistrates take the view that the case is so serious that a custodial sentence of 18 months is appropriate. Which of the following is the proper course for the court to take:
[A] Impose a custodial sentence of 18 months.
[B] Commit him to the Crown Court for sentence.
[C] Commit him to the Crown Court with a direction that a custodial sentence of 18 months be imposed.
[D] Commit him to the Crown Court for trial.
[B] Commit him to the Crown Court for sentence.
