An adult defendant is charged with theft, an either-way offence. At the allocation hearing the magistrates decide the case is suitable for summary trial. What must happen next before the matter can be tried summarily?
Allocation Mode Of Trial
Question · Medium
Which of the following offences is triable only on indictment in the Crown Court?
Question · Easy
Chapter 1: Introduction & BSB Assessment Overview
1.1 BSB Centralised Assessment Structure & Regulations
Study guide
A defendant is charged with a single offence of simple criminal damage where the value of the damage is £400. How is the mode of trial determined?
Question · Hard
In deciding whether to accept jurisdiction for an either-way offence at allocation, what is the central question the magistrates must consider?
A defendant is charged with an indictable-only offence and appears before the magistrates' court for the first time. What will the magistrates do?
A defendant charged with an imprisonable either-way offence is refused bail. The court is considering the primary ground for refusal. Which of the following is a ground for refusing bail under the Bail Act 1976?
Bail
1.2 Overriding Objective & Court Structure
Which of the following is a recognised exception to the right to bail for an imprisonable offence under Schedule 1 to the Bail Act 1976?
A defendant is granted conditional bail but there are concerns he may not attend his trial. Which condition is most appropriate to address that specific risk?
A defendant has been refused bail by the magistrates' court. Which court can hear an appeal against that refusal of bail?
Where the prosecution wishes to challenge a grant of bail by magistrates in respect of an imprisonable offence, what is the route?
1.3 Classification of Offences, Court Jurisdiction & Funding
In a criminal trial, where does the legal burden of proving the defendant's guilt generally lie, and to what standard?
Criminal Evidence
Where a statute places a legal (persuasive) burden on the defendant to prove a defence, to what standard must the defendant prove it?
A defendant alleges that his confession was obtained by oppression. Under s.76 PACE 1984, what must the prosecution do if the issue is raised?
Which provision gives the court a discretion to exclude prosecution evidence where its admission would have such an adverse effect on the fairness of the proceedings that it ought not to be admitted?
Chapter 2: Commencing Proceedings, Charges & Allocation
2.1 Commencing Proceedings & Police Station Procedure
Hearsay evidence is generally defined as a statement not made in oral evidence in the proceedings that is tendered as evidence of which of the following?
A key prosecution witness has died before trial. The prosecution wishes to rely on her earlier written statement. Which hearsay gateway under the Criminal Justice Act 2003 is most directly relevant?
Under s.101(1) of the Criminal Justice Act 2003, evidence of a defendant's bad character is admissible through several gateways. Which of the following is one of those gateways?
The prosecution seeks to adduce the defendant's previous convictions to show he has a propensity to commit offences of the kind charged. Which gateway under s.101(1) CJA 2003 is engaged?
2.2 First Hearing & Classification of Offences
A conviction depends wholly or substantially on disputed visual identification evidence. What direction must the trial judge give to the jury?
Which acronym is commonly used to recall the factors a court considers when assessing the quality of a disputed visual identification under the Turnbull guidelines?
At the police station, a suspect remains silent when questioned and later raises a defence at trial that he could reasonably have been expected to mention. What may the court do under s.34 of the Criminal Justice and Public Order Act 1994?
A competent six-year-old witness would give better evidence away from the physical courtroom. Which special measure lets the child testify live from another room while the court watches?
2.3 Allocation and Mode of Trial
What is the general rule on the competence of witnesses in criminal proceedings under the Youth Justice and Criminal Evidence Act 1999?
Which overarching principle governs the conduct of all criminal cases under the Criminal Procedure Rules?
Criminal Procedure
A prosecutor starts proceedings for a summary-only offence by an application for a summons or by an authorised prosecutor's written charge. What general time limit applies?
At a first hearing in the magistrates' court for an either-way offence, the defendant indicates a guilty plea. What is the effect of this indication?
2.4 Sending for Trial & Committal for Sentence
What is the prosecution's primary duty of disclosure of unused material under the Criminal Procedure and Investigations Act 1996?
Disclosure
After the prosecution has complied with initial disclosure in a Crown Court case, what must the defendant do in relation to a defence statement?
In the Crown Court, after the prosecution closes its case, the defence submits there is no case to answer. Which test does the judge apply?
Trial Procedure
In a Crown Court trial, who decides questions of law and who decides questions of fact?
2.5 Youth Court & Special Allocation Rules
In the magistrates' court, who acts as the tribunal of both fact and law in a summary trial?
A defendant pleads not guilty in the magistrates' court. In what order do the parties generally present their cases at the summary trial?
When a defendant is convicted, what is the primary purpose of the Sentencing Council's offence-specific guidelines?
Sentencing
Before passing a custodial sentence on an adult, which statutory threshold must the court be satisfied is met?
2.6 Sentencing Powers of the Youth Court
An adult defendant indicates a guilty plea at the first stage of proceedings. What is the usual maximum reduction under the Sentencing Council's guideline?
Which of the following is a statutory aggravating factor in sentencing?
A court imposes a custodial sentence of 18 months and orders that it not take effect unless the offender commits a further offence or breaches a requirement during the operational period. What kind of sentence is this?
Which of the following is an example of an ancillary order a court may make on sentencing?
Chapter 3: Bail, Remand & Case Management
3.1 Right to Bail & Statutory Exceptions
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