BPTC Criminal Litigation, Evidence and Sentencing Practice Questions – SGS:2

CRIMINAL LITIGATION, EVIDENCE &

SENTENCING
SGS 2
FIRST HEARINGS: Bar Professional Training Course
PRACTICE QUESTIONS

MCQ 1

Wendy is charged with Criminal Damage of a Motor Car valued at £ 6,000.00. She will plead
not guilty.

Which one of the following is CORRECT?

[A] She must be tried at the Crown Court.

[B] She must be tried at the magistrates’ court.

[C] The magistrates may try her case, but can only sentence her to a maximum of three
months imprisonment.

[D] The magistrates may try her case, but can only sentence her to a maximum of six
months imprisonment.

MCQ 2

Helen is charged with Theft. The allegation is that she stole some items of clothing from a
local boutique. She denies the charge, and is keen to be tried by a jury. Which one of the
following is CORRECT?

[A] If the magistrates decide Helen’s case should be heard in the magistrates’ court then
she and the prosecution have no choice in the matter.

[B] If the magistrates decide Helen’s case should be heard in the Crown Court then she
and the prosecution will have no choice in the matter.

[C] If the prosecution decide Helen’s case should be heard in the Crown Court then she
and the magistrates have no choice in the matter.

[D] If Helen decides her case should be heard in the magistrates’ court then she can insist
on the matter being heard there and the magistrates have no choice in the matter.

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 BPTC Criminal Litigation, Evidence and Sentencing Practice Questions – SGS:2

MCQ 3

In relation to Early Administrative Hearings in the magistrates’ court, which of the following
statements is INCORRECT:

[A] Where the defendant was charged with an offence at a police station, the magistrates’
court before whom he appears for the first time in relation to that charge may consist
of a single justice.

[B] This procedure cannot be used where the defendant is charged by the CPS using the
written charge and requisition procedure.

[C] A single justice can’t remand a defendant in custody, as you need a full bench to make
a decision on remand.

[D] Early Administrative Hearings can be conducted by a justices’ clerk, but he/she cannot
remand an accused in custody, and can only vary bail conditions with the consent of
the prosecutor and the defence.

MCQ 4

Hannah (aged 25) is charged with murder (indictable only). The allegation is that she
murdered her violent and physically abusive husband by poisoning him. She intends to enter
a plea of not guilty.

Which one of the following is CORRECT?

[A] Hannah will have her first hearing in the magistrates’ court where she will be asked to
enter a plea.

[B] Hannah will have her first hearing in the magistrates’ court. Hannah will be entitled to
initial details of the prosecution case.

[C] Hannah will have her first hearing in the magistrates’ court. However, the hearing must
be via live link given the seriousness of the allegation.

[D] Hannah will have her first hearing in the Crown Court where she will be asked to enter
a plea.

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 BPTC Criminal Litigation, Evidence and Sentencing Practice Questions – SGS:2

MCQ 5

Mavis Simpson is on trial at Gladbury Magistrates’ Court for an allegation of harassment of

her ex-partner, Derek White. At the First Hearing, she pleaded Not Guilty, and the prosecution
applied to admit Mavis’ two previous convictions for committing harassment on other former
partners as evidence of her propensity to harass ex partners. The defence argued it would be
unfair for this evidence to be used at trial, but the magistrates’ found that it was in the interests
of justice to make a pre-trial ruling, and held that the previous convictions are admissible at
trial.

The case is listed for trial, and you are instructed to defend Mavis Simpson. She is unhappy
about the court hearing about her previous convictions. Which of the following statements is
INCORRECT regarding the ruling made by the court?

[A] At a pre-trial hearing, the magistrates may decide any question as the admissibility of
evidence or any other question of law relating to the case if it is in the interests of
justice to make the ruling, and both parties have had an opportunity to be heard.

[B] You can apply for the ruling to be discharged or varied, but only if there has been a
material change of circumstances since the ruling was made.

[C] This pre-trial ruling is binding until the case against Mavis is disposed of.

[D] This pre-trial ruling is binding until the case is disposed of, and under no circumstances
can it be discharged or varied.

MCQ 6

Beth has been charged with an offence of Criminal Damage. It is alleged that, during an
argument over unpaid rent, she smashed a vase belonging to her landlady by throwing it
against the wall. Her landlady bought the vase at a car boot sale for a few pounds, but she
believes it to be quite rare. The value of the damage is uncertain.

Which of the following statements is INCORRECT:

[A] The court must explain to Beth that she can consent to summary trial, and that if she
does, the offence will be treated as if it were summary only.

[B] If Beth consents to summary trial where there is doubt as to the value of the damage
involved, the court’s maximum sentencing powers are three months’ imprisonment or
a fine of £2,500.00.

[C] If Beth consents to summary trial on these facts, and is later convicted, her case can
be committed to the Crown Court for sentence under s.3 PCC(S)A 2000 because the
offence is treated as summary only but is still either way.

[D] If Beth does not consent to summary trial where there is doubt as to the value of the
damage involved, the court must embark on the ordinary mode of trial procedure, so
Beth can elect trial on indictment.

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 BPTC Criminal Litigation, Evidence and Sentencing Practice Questions – SGS:2

MCQ 7

You represent Thomas Mahoney who is jointly charged with Keith Murphy for theft of some
copper wires from a building site. Both Defendants wish to plead not guilty. Mr Mahoney
indicates that he wishes to elect summary trial but he believes that his co-defendant wishes
to have his trial in the Crown Court. Mr Mahoney is very anxious for his case to remain in the
Magistrates’ Court.

Which of the following is CORRECT:

[A] The court can make an enquiry of the parties as to their intentions as to plea prior to
the mode of trial procedure, prior to making a decision as to whether to accept
jurisdiction or not.

[B] The court finds that the case is suitable for summary jurisdiction, and Mr Mahoney
elects summary trial; however, the Co-Defendant elects Crown Court trial, Defence
Counsel can make representations to the Court that Mr Murphy’s case remains in the
magistrates’ court in the interests of Mr Mahoney.

[C] The court finds that the case is suitable for summary jurisdiction. Once Mr Mahoney
has accepted summary jurisdiction, Mr Murphy no longer has the right of election to
the Crown Court.

[D] Counsel for Mr Mahoney should seek an adjournment, because if the plea of Mr
Murphy is taken separately and Mr Murphy elects Crown Court trial, then Mr Mahoney
could have his trial in the magistrates’ court when he enters his plea on a different day,
as he has not appeared alongside Mr Murphy.

MCQ 8

You are instructed to represent Sebastian Riley who is charged with cultivation of cannabis.
He states that he was growing it for medicinal purposes and had 5 small plants in total. He is
a man of good character and looks after his elderly mother. You make representations to the
Bench who order a Pre-Sentence Report. In light of this, the Bench indicate that all options
remain open, excluding committal to the Crown Court, and then they adjourn the case for
sentencing.

The case comes before DJ Kolhatkar for sentence who, having read the PSR, decides to
commit the case forthwith to the Crown Court.

Which of the following is CORRECT advice to Mr Riley:

[A] The Bench at the first appearance gave rise to a legitimate expectation that Mr Riley
would be sentenced in the Magistrates’ Court.

[B] Despite the indication given by the Bench at the first appearance, DJ Kolhatkar lawfully
had the power to commit the case to the Crown Court.

[C] If the Bench had just said ‘All Options’ when adjourning for a PSR, this would still give
rise to a legitimate expectation that the case would remain in the magistrates’ court for
sentence.

[D] Once the court adjourn for a Pre-Sentence Report, a legitimate expectation that the
Defendant will not receive a custodial sentence, whether in the Magistrates Court or
Crown Court, is created.

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 BPTC Criminal Litigation, Evidence and Sentencing Practice Questions – SGS:2

MCQ 9

Iqbal is charged with Assault occasioning Actual Bodily Harm. The alleged facts are that he
assaulted his wife, Rita, during a domestic argument, by hitting her in the face and head,
causing significant bruising. Neighbours called the police after hearing screaming from Rita.
Iqbal left the house, got into his car and drove away. He was stopped by police. It transpired
that Iqbal was disqualified from driving some months previously. He was arrested for ABH and
driving whilst disqualified.

Iqbal was remanded into custody and appeared before the Magistrates the following morning.
Which of the following is the best advice to give to Iqbal as to what will happen to his case.

[A] The ABH matter will be sent to the Crown Court. The Driving whilst Disqualified matter
can be adjourned until the ABH matter is resolved and dealt with by the Magistrates’
Court thereafter.

[B] Both the ABH matter and the Driving Whilst Disqualified matter will be heard in the
magistrates’ court, but they will be dealt with separately.

[C] If Iqbal elects Crown Court trial or the Magistrates’ decline jurisdiction, the driving whilst
disqualified matter can be sent to the Crown Court under s.40 CJA 1988 for trial on
indictment alongside the ABH matter.

[D] Both the ABH matter and the Driving Whilst Disqualified matter will be heard in the
Crown Court and dealt with together.

MCQ 10:

Consider the following statements regarding the attendance of the defendant at First Hearing.
Which is INCORRECT?

[A] A defendant who is in custody at a police station may attend the hearing via ‘live link’.
Where this happens, the defendant is treated as being present.

[B] The defendant must be present for Plea before Venue for an either way offence, so if
he behaves in a disorderly way, the case will have to be adjourned.

[C] Where a defendant appears via live link, and pleads guilty to an offence, the court may
proceed to sentence if it is in the interests of justice.

[D] The defendant must be present for Plea before Venue for an either way offence.
However there is an exception to this rule where the defendant is legally represented,
has behaved in such a disorderly way that it is not practicable to proceed in his
presence, and the court considers it should proceed in his absence.

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