100+ Free BSB Criminal Litigation Practice Questions

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UK Bar — Civil Litigation, Evidence and ADR

Practice Questions100 questions

2026 Statistics

Key Facts: BSB Criminal Litigation Exam

75 questions

Single-best-answer multiple-choice questions in one paper

Bar Standards Board centralised assessment

3 hours

Time allowed for the single Criminal Litigation paper

Bar Standards Board assessment information

Closed book

No statutes, notes or reference materials permitted in the exam

Bar Standards Board assessment information

60% pass mark

Criterion-referenced standard reported on a scale where pass equals 60%

BSB Central Examinations Board chairs' reports

BSB-set

Centrally written and marked by the Bar Standards Board

Bar Standards Board — Bar training: who does what

3 sittings

Assessments are commonly offered in December, April and August

Bar Standards Board / AETO assessment scheduling

Vocational stage

Part of the vocational component of Bar training in England and Wales

Bar Standards Board — Becoming a barrister

100

Free original SBA practice questions provided here

OpenExamPrep

The BSB Criminal Litigation, Evidence and Sentencing assessment is a centrally set vocational-stage exam for trainee barristers in England and Wales. It is a closed-book single-best-answer (SBA) paper of 75 multiple-choice questions sat in three hours, written and marked by the Bar Standards Board and taken through an AETO. It covers criminal procedure (courts, charge, allocation/mode of trial, bail, disclosure), criminal evidence (PACE ss.76/78, hearsay, bad character, Turnbull identification, special measures, silence), trial procedure, sentencing and appeals. The pass mark is criterion-referenced and set per sitting, with results reported on a scale where the pass mark equals 60%. This 100-question bank provides original SBA practice modelled on the assessment's content areas.

Sample BSB Criminal Litigation Practice Questions

Try these sample questions to test your BSB Criminal Litigation exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1An 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?

A.The defendant is given the choice to consent to summary trial or elect trial in the Crown Court

B.The case is automatically sent to the Crown Court because theft can be tried on indictment

C.The magistrates must commit the defendant to the Crown Court for sentence

D.The prosecution decides unilaterally where the trial will take place

Explanation: For an either-way offence, if magistrates accept jurisdiction the defendant is put to their election: they may consent to summary trial or elect trial on indictment in the Crown Court. The defendant always retains the right to elect Crown Court trial.

2Which of the following offences is triable only on indictment in the Crown Court?

A.Common assault

B.Robbery

C.Theft

D.Criminal damage where the value is £200

Explanation: Robbery (contrary to s.8 Theft Act 1968) is an indictable-only offence and can only be tried in the Crown Court. Common assault is summary only, while theft is either-way.

3A 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?

A.It is treated as a summary-only matter and the defendant has no right to elect Crown Court trial

B.It is indictable only and must be sent to the Crown Court

C.It is either-way and the defendant may always elect Crown Court trial

D.The defendant chooses, but only the prosecution can object to summary trial

Explanation: Where the value involved in criminal damage is £5,000 or less, the offence is treated as summary only, the maximum sentence is reduced and the defendant has no right to elect Crown Court trial. Only above £5,000 does the usual either-way election apply.

4In deciding whether to accept jurisdiction for an either-way offence at allocation, what is the central question the magistrates must consider?

A.Whether their sentencing powers would be adequate if the defendant were convicted

B.Whether the defendant has previous convictions of any kind

C.Whether the prosecution consents to summary trial

D.Whether the defendant has legal representation

Explanation: At allocation the magistrates consider whether their sentencing powers would be sufficient, having regard to the allocation guideline and any representations. If their powers would be inadequate they decline jurisdiction and send the case to the Crown Court.

5A defendant is charged with an indictable-only offence and appears before the magistrates' court for the first time. What will the magistrates do?

A.Send the case forthwith to the Crown Court under s.51 of the Crime and Disorder Act 1998

B.Conduct a summary trial of the offence

C.Hold an allocation hearing to decide venue

D.Dismiss the case for want of jurisdiction

Explanation: For indictable-only offences the magistrates have no power to try the case and must send it forthwith to the Crown Court under s.51 of the Crime and Disorder Act 1998. There is no allocation decision because venue is fixed.

6A 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?

A.Substantial grounds to believe the defendant would fail to surrender to custody

B.The defendant has refused to admit the offence

C.The defendant has no fixed address of any kind

D.The offence is serious in the abstract

Explanation: For imprisonable offences, a primary ground for refusing bail is that there are substantial grounds for believing the defendant would fail to surrender to custody. The other primary grounds are commission of further offences and interference with witnesses or obstruction of justice.

7Which 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.Substantial grounds to believe the defendant would commit further offences while on bail

B.The defendant intends to plead not guilty

C.The defendant cannot afford a solicitor

D.The prosecution has not served all its evidence

Explanation: One of the principal exceptions to the right to bail for imprisonable offences is that there are substantial grounds for believing the defendant would commit further offences while on bail. The court weighs factors such as the nature and seriousness of the offence and the defendant's record.

8A 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.A requirement to surrender his passport and report to a police station

B.A condition not to contact prosecution witnesses

C.A condition not to enter a named exclusion zone

D.A condition of residence imposed solely to assist the probation service

Explanation: Conditions must address an identified risk. To address the risk of failing to surrender, surrendering a passport and a reporting condition are appropriate. Each condition imposed must be necessary to address one of the statutory grounds.

9A defendant has been refused bail by the magistrates' court. Which court can hear an appeal against that refusal of bail?

A.The Crown Court

B.The Court of Appeal (Criminal Division)

C.The Administrative Court only

D.The Supreme Court

Explanation: Where the magistrates' court refuses bail, the defendant may appeal to the Crown Court, which can hear the application afresh. This is the usual route for challenging a refusal of bail by magistrates.

10Where the prosecution wishes to challenge a grant of bail by magistrates in respect of an imprisonable offence, what is the route?

A.The prosecution may appeal to a Crown Court judge under the Bail (Amendment) Act 1993

B.The prosecution may apply to the Court of Appeal within 28 days

C.The prosecution has no right to challenge a grant of bail

D.The prosecution must apply for judicial review in every case

Explanation: Under the Bail (Amendment) Act 1993 the prosecution may appeal to a Crown Court judge against a decision of magistrates to grant bail in qualifying cases, having given oral notice at the conclusion of proceedings and written notice within the prescribed time.

About the BSB Criminal Litigation Exam

The Criminal Litigation, Evidence and Sentencing assessment is one of the centrally set assessments in the vocational component of Bar training in England and Wales. It is written and marked by the Bar Standards Board (BSB) and sat through Authorised Education and Training Organisations (AETOs). The assessment is a closed-book single-best-answer (SBA) multiple-choice paper of 75 questions completed in three hours. It tests detailed, practical knowledge of criminal procedure (the criminal courts, commencing a prosecution, classification of offences and allocation/mode of trial, bail, case management and disclosure), the rules of criminal evidence (burden and standard of proof, confessions and exclusion under ss.76 and 78 PACE 1984, hearsay, bad character, visual identification and Turnbull, competence and special measures, and inferences from silence), trial procedure in the magistrates' court and Crown Court, sentencing and appeals. The pass mark is criterion-referenced and set by standard-setting at each sitting, with results reported on a scale where the pass mark equals 60%.

Assessment

One closed-book paper of 75 single-best-answer (SBA) multiple-choice questions. Each item gives a stem, frequently a short procedural scenario, with four options from which the candidate selects the single best answer.

Time Limit

Three hours for the single 75-question paper.

Passing Score

Criterion-referenced. The pass mark is set for each sitting using standard-setting (so the raw mark required varies with paper difficulty), and results are reported to providers on a scale where the pass mark corresponds to 60%.

Exam Fee

No separate fee is paid to the BSB to sit the assessment; the cost is included in the fees charged by your Authorised Education and Training Organisation (AETO). Any resit fees are set by the provider. (Bar Standards Board (BSB))

BSB Criminal Litigation Exam Content Outline

35%

Criminal procedure and case management

The criminal justice system and courts, the overriding objective of the Criminal Procedure Rules, commencing a prosecution and the first hearing, classification of offences (summary, either-way and indictable) and allocation/mode of trial, bail under the Bail Act 1976, and prosecution and defence disclosure obligations.

35%

Criminal evidence

Burden and standard of proof, confessions and the exclusion of evidence under ss.76 and 78 PACE 1984, the hearsay regime and its gateways, bad character of defendants and non-defendants, visual identification and the Turnbull guidelines, witness competence and compellability, special measures, and adverse inferences from silence under the Criminal Justice and Public Order Act 1994.

30%

Trial procedure, sentencing and appeals

Trial procedure in the magistrates' court and Crown Court, the sentencing framework and Sentencing Council guidelines, custodial and community sentences and fines, aggravating and mitigating factors, ancillary orders, and routes of appeal from the magistrates' court and Crown Court.

How to Pass the BSB Criminal Litigation Exam

What You Need to Know

Passing score: Criterion-referenced. The pass mark is set for each sitting using standard-setting (so the raw mark required varies with paper difficulty), and results are reported to providers on a scale where the pass mark corresponds to 60%.
Assessment: One closed-book paper of 75 single-best-answer (SBA) multiple-choice questions. Each item gives a stem, frequently a short procedural scenario, with four options from which the candidate selects the single best answer.
Time limit: Three hours for the single 75-question paper.
Exam fee: No separate fee is paid to the BSB to sit the assessment; the cost is included in the fees charged by your Authorised Education and Training Organisation (AETO). Any resit fees are set by the provider.

Keys to Passing

Complete 500+ practice questions
Score 80%+ consistently before scheduling
Focus on highest-weighted sections
Use our AI tutor for tough concepts

BSB Criminal Litigation Study Tips from Top Performers

1Work directly from the BSB syllabus and indicative SBA guide so your revision mirrors the topics and weightings the assessment actually tests.

2Learn the structure of bail decisions cold: the right to bail, the grounds for refusal for indictable and summary offences, conditions, and appeals against bail decisions.

3For allocation and mode of trial, be able to classify any offence (summary, either-way, indictable-only) and walk through the allocation procedure and the consequences of each route.

4Drill the evidence rules as decision trees: confessions and ss.76/78 PACE, the four hearsay gateways, the bad character gateways, and the Turnbull warning for disputed identification.

5Practise reading SBA stems quickly to spot the single legally correct next step or rule, then eliminate options that are almost right but procedurally or temporally wrong.

6Sit timed sets of SBA questions to build a pace of roughly two to three minutes per question so you can finish all 75 in the three hours.

Frequently Asked Questions

How many questions are on the BSB Criminal Litigation assessment?

It is a single paper of 75 single-best-answer (SBA) multiple-choice questions. Each question gives a stem, often a short scenario, with four options, and you choose the single best answer.

How long is the Criminal Litigation exam and is it open book?

You have three hours for the 75-question paper, and it is a closed-book assessment. You are not permitted to bring statutes, notes or other reference materials into the exam room.

What is the pass mark for the Criminal Litigation assessment?

The pass mark is criterion-referenced and set for each sitting using standard-setting, so the raw mark needed varies with the difficulty of the paper. Results are reported to providers on a scale where the pass mark corresponds to 60%.

Who sets and marks the assessment?

The Criminal Litigation, Evidence and Sentencing assessment is centrally set and marked by the Bar Standards Board (BSB). It is sat through your Authorised Education and Training Organisation (AETO) at scheduled sittings, commonly in December, April and August.

What topics does the assessment cover?

It covers criminal procedure (courts, charge, allocation/mode of trial, bail, disclosure), the rules of criminal evidence (PACE ss.76/78, hearsay, bad character, Turnbull identification, special measures, silence), trial procedure in the magistrates' court and Crown Court, sentencing and appeals.

Are these official BSB questions?

No. These are original OpenExamPrep practice questions modelled on the assessment's published content areas. They are not copied from BSB papers, the BSB indicative SBA guide or any AETO materials.