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SGS 10 Appeals Practice Questions
- Module
- Criminal Litigation
SGS 10 Appeals Practice Questions
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STUDYCLOCKBPTC Criminal Litigation, Evidence and Sentencing Practice Questions – SGS:10
CRIMINAL LITIGATION, EVIDENCE & SENTENCING
SGS 10
APPEALS
PRACTICE QUESTIONS Bar Professional Training Course
These questions are for you to attempt in your own time to test your knowledge. The
answers are included in this document for you to self‐mark. We will not go through these
questions in class
Practice MCQs (Questions)
MCQ 1
Alex pleaded guilty to 2 offences of assaulting a police officer (a summary only offence)
before the Gladbury Magistrates’ Court. The prosecution outline the fact of the 2 offences
and reveal that that Alex has 17 previous convictions for offences of violence and has
received custodial sentences in the past. Following mitigation the magistrates’ sentence
Alex to 11 months imprisonment on each offence to run concurrently.
Which one of the following is the MOST EXPEDIENT way to appeal the magistrates’
decision to sentence Alex to 11 months imprisonment?
[A] Alex should appeal to the Crown Court against sentence.
[B] Alex should apply under s.142 Magistrates’ Court Act 1980 to rectify the mistake that
the magistrates have made.
[C] Alex should challenge the sentence by way of Judicial Review.
[D] Alex should appeal by way of ‘Case Stated’ to the Divisional Court as the sentence
imposed by the magistrates is clearly wrong in law.
MCQ 2
You represent Joanna who was convicted of theft after a trial at Gladbury Magistrates’ Court.
The magistrates have adjourned for the preparation of a pre-sentence report. Joanna
instructs you that she wants to appeal against her conviction.
Which of the following statements is WRONG?
[A] Joanna may appeal to the Crown Court against her conviction but must do so within 21
days of conviction.
[B] Notice of appeal must be given to the relevant magistrates’ court officer and the
prosecution.
[C] On appeal defence counsel may call evidence which was not used at the original trial.
[D] Joanna may appeal to the Crown Court against her conviction but must do so within 21
days of sentence being passed.
Law School Page 1
, BPTC Criminal Litigation, Evidence and Sentencing Practice Questions – SGS:10
MCQ3
Which one of the following statements concerning bail pending appeal is WRONG?
[A] An appellant may be granted bail pending appeal to the Crown Court in respect of
either conviction or sentence.
[B] An appellant may be granted bail by the magistrates’ court that sentenced him to a
custodial sentence pending his/her appeal to the Crown Court. An appellant refused
bail by the magistrates in this situation may apply to the Crown Court for bail.
[C] The magistrates may grant bail to an applicant for judicial review.
[D] The magistrates may grant bail to an appellant appealing to the Divisional Court by
way of case stated.
MCQ4
Which one of the following statements concerning the powers of the Crown Court on appeal
is INCORRECT?
[A] The Crown Court may confirm, reverse or vary any part of the decision appealed
against;
[B] The Crown Court may increase the sentence but not beyond the maximum sentence
that the magistrates could have passed;
[C] The Crown Court may increase the sentence but not beyond the maximum penalty for
the offence;
[D] The Crown Court may remit the matter with its opinion to the authority whose
decision is appealed against.
Law School Page 2
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