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Criminal Litigation - ALL MCQs in course & FREE Anki cards!
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Criminal Litigation - ALL MCQs in course - FREE Anki cards! This is a document in spreadsheet format which contains all of the MCQ questions ever answered in the criminal litigation course. It is helpfully separated by SGS and is 31 pages long in total. As many of these questions have been repro...

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  • January 29, 2022
  • January 29, 2022
  • 31
  • 2021/2022
  • Lecture notes
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Question Answer


True or False

In a criminal trial the defendant gives evidence before the prosecution. False: It is the prosecution that brings the case and therefore the
prosecution must call its witnesses first.



True or False
False: All cases begin in the magistrates’ court. After his 1st appearance in
Fred is charged with murder, an indictable only offence. Indictable only offences can only the magistrates’ court all further court hearings for Fred will take place in the
be heard in the Crown Court and Fred’s first appearance at court will be in the Crown Crown Court.
Court. The correct answer is 'False'.


True or False False: The magistrates' maximum sentencing powers are 6 months unless a
defendant is convicted of two or more either way offences. Here Corrine has
Corrine pleads guilty to theft, an either way offence and common assault, a summary only only been convicted of one either–way offence so the magistrates’
offence. The magistrates' maximum sentencing powers would be 12 months as she is sentencing powers are limited to 6 months.
charged with two offences, one of which is an either-way offence. The correct answer is 'False'.


Your instructions do not come from Steve himself so you would be
accepting instructions from a third party. You can only accept instructions
from a 3rd party as long as you are satisfied that the person providing the
instructions has the authority to do so on behalf of your client(s). See O(1.5)
which says you must provide a competent service, delivered in a timely
fashion and which takes account of your client's needs and circumstances
and IB (1.25). This states that you must be satisfied that the person
providing the instructions has the authority to do so on behalf of the client.
You have been contacted by Jackie Rhodes who asks you to represent her husband, You could confirm that the person, here Steve, wishes you to act. In
Steve, who has been arrested for ABH and is currently in custody at Gladbury Police addition, you would have to consider if you had a conflict of interest in
Station. You know the background to the offence as you acted for Ms. Rhodes' brother, relation to acting for both Steve and Chris. This means you would need to
Chris, last week when he was arrested for the same offence. What conduct issues may conduct a conflict check (O(3.1)) and bear in mind the indicators set out in
arise? LSPN CI.

, Which of the following statements are true.

(i) The participants in a criminal case are the defence lawyers, the CPS lawyers and the
defendant. Well done! You chose the correct asnwer.
(i) under Rule 1.2 (2) the participants in a criminal case include anyone
(ii) In its role of active case management under CrPr 3.2 the court must ensure that involved in any way with a criminal case. This would include witnesses and
evidence is presented in the clearest and shortest way. experts and court staff.
(ii) This is correct – see Rule 3.2 (e)
(iii) There is no duty on the defence to indicate the details of its defence to the prosecution (iii) This is incorrect as under Rule 3.2 and Rule 3.11 (a) the court must
as it is the duty of the prosecution to prove its case. identify the real issues in the case and with the active assistance of the
parties establish what disputed issues they wish to explore. Where a
(iv) If a party to proceedings fails to comply with a direction then the court can impose defendant is raising a defence then this will be an issue in dispute – e.g.
sanctions for this failure including refusing to allow the party to introduce evidence that is was it an assault or self defence and the defence would have to outline what
not in compliance with the direction the defence was – Crown says the defendant walked up to the victim and
took an unprovoked punch at the victim. The defence would have to outline
Select one: what part of the prosecution case they dispute – why was the punch not
a. (i), (ii) and (iii) unprovoked, what is the evidence of the self defence.
b. (ii) and (iv) (iv) This is correct - see Rule 3.5 (6) If a party fails to comply with a rule or
c. (i) and (iii) direction the court may impose any sanction as may be appropriate. This
d. (ii) and (iii) includes refusing to allow evidence to be adduced.


Ferdia is charged with two offences of common assault contrary to s. 39 Criminal Justice
Act 1988. He has 12 previous convictions in the last 18 months. He wishes to plead not
guilty.

Which ONE of the following statements is correct?

Select one:
a. As common assault is an either way offence, the court will go through the plea before
venue procedure and use the sentencing guidelines to decide if their sentencing powers
are sufficient. A This is incorrect. Common assault is summary only. The court will not
b. Common assault is a summary only offence. As a result the maximum sentence that consider allocation.
can be imposed in the magistrates' court is 12 months. B This is incorrect. Common assault is summary only. In accordance with s.
c. As Ferdia has 12 previous convictions his case must be heard in the Crown Court as the 78 PCC(S)A 2000 the maximum sentence is 6 months.
magistrates’ sentencing powers ill not be adequate. C This is incorrect. Common assault is summary only.
d. Common assault is a summary only offence. As a result the maximum sentence that D This is correct. Common assault is summary only. In accordance with s.
can be imposed in the magistrates' court is 6 months. 78 PCC(S)A 2000 the maximum sentence is 6 months.

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