BPP SQE1 - CRIMINAL LAW EXAM WITH GUARANTEED ACCURATE ANSWERS |VERIFIED
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BPP SQE1 - CRIMINAL LAW
Institution
BPP SQE1 - CRIMINAL LAW
What is an summary only offence? - ACCURATE ANSWERS an offence only capable of being tried and sentenced in the Mags
What is an either-way offence? - ACCURATE ANSWERS an offence capable of being tried and sentenced in either the Mags or the Crown Court, however a first administrative hearing wil...
BPP SQE1 - CRIMINAL LAW EXAM
BPP SQE1 - CRIMINAL LAW EXAM WITH GUARANTEED ACCURATE ANSWERS |
VERIFIED
What is an summary only offence? - ACCURATE ANSWERS✔✔ an
offence only capable of being tried and sentenced in the Mags
What is an either-way offence? - ACCURATE ANSWERS✔✔ an
offence capable of being tried and sentenced in either the Mags or the
Crown Court, however a first administrative hearing will take place in
the Mags to determine jurisdiction
What is an indictable only offence? - ACCURATE ANSWERS✔✔ an
offence only capable of being tried in the Crown Court, however a first
administrative hearing will take place in the Mags
,To which court do appeals from the Crown Court go? - ACCURATE
ANSWERS✔✔ CA (Criminal Division)
The CA is composed of... - ACCURATE ANSWERS✔✔ CA judges and
HC judges authorised to sit in the CA
What is the role of the HC in criminal litigation? - ACCURATE
ANSWERS✔✔ the HC has limited jurisdiction to judicially review
decisions of the Mags or the Crown Court so long as the matter in
question does not relate to trial on indictment itself
The Crown Court is composed of... - ACCURATE ANSWERS✔✔
circuit judges, HC judges, and recorders
What is the extent of the Crown Court's sentencing power? -
ACCURATE ANSWERS✔✔ to imprison up to life and issue unlimited
fines
The Mags is composed of... - ACCURATE ANSWERS✔✔ district
judges, deputy district judges, or 2-3 lay magistrates and a legal advisor
What is the extent of the Mags' sentencing power? - ACCURATE
ANSWERS✔✔ up to 6 months for summary only offences and up to 12
months for either-way offences; unlimited powers to fine
,What is the general rule regarding allocation of either-way offences? -
ACCURATE ANSWERS✔✔ either-way offences should be tried
summarily unless the outcome would clearly be a sentence in excess of
the Mags' power or where a case is unusually complex
What is meant by an indication of a sentence? - ACCURATE
ANSWERS✔✔ Where a magistrate considers that the case is suitable to
be tried summarily, D can request an indication of sentence (s 20 and s
20A MCA). However, the court is under no obligation to provide an
indication.
If the court gives an indication then D is asked whether he would like to
reconsider his earlier not guilty plea.
If D does now plead guilty then the court's hands are effectively tied into
delivering the type of sentence indicated. But if D maintains his not
guilty plea and is subsequently convicted this indication of sentence
shall not be binding on any later court.
What is the overriding objective of criminal litigation? - ACCURATE
ANSWERS✔✔ to deal with cases justly
What 2 things must a police officer demonstrate in order to detain
somone? - ACCURATE ANSWERS✔✔ 1. that he had legal authority to
exercise the power
2. that he has exercised that power lawfully
, What action should be taken following arrest? What are the exceptions?
- ACCURATE ANSWERS✔✔ usually a person must be taken to a
police station as soon as possible
exception: where D's presence at a place other than a police station is
necessary to carry out such an investigation as is reasonable to carry out
immediately
Which police station must D be taken to following arrest? - ACCURATE
ANSWERS✔✔ any station unless it is anticipated that they will be
detained for more than 6 hours, in which case, the person must be taken
to a designated police station
What is street bail? - ACCURATE ANSWERS✔✔ Instead of being
taken to a police station, the person arrested can be granted bail to attend
a police station at a later date. This is referred to as 'street bail' and
conditions can be attached as such.
What 6 things happen after an arrested person arrives at a police station?
- ACCURATE ANSWERS✔✔ 1. He will see the custody officer who
must authorise continued detention
2. He will be informed of his rights
3. He may see the appropriate healthcare professional if necessary
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