BPTC Criminal Litigation 2 — Questions and Answers
Question 1: What does a 'Newton hearing' determine?
- Whether the defendant is fit to plead
- The factual basis for sentencing when the prosecution and defence dispute the facts after a guilty plea (Correct answer)
- Whether bad character evidence should be admitted
- Whether the defendant's confession was obtained properly
Correct answer: The factual basis for sentencing when the prosecution and defence dispute the facts after a guilty plea
A Newton hearing is a mini-trial in which the judge determines which version of the facts to adopt for sentencing purposes after a guilty plea.
Question 2: Which section of PACE 1984 governs the admissibility of confessions?
- Section 76 (Correct answer)
- Section 78
- Section 82
- Section 24
Correct answer: Section 76
Section 76 PACE requires the court to exclude a confession if it was obtained by oppression or in circumstances likely to render it unreliable.
Question 3: The 'Goodyear indication' allows a defendant to:
- Apply for bail pending appeal
- Ask the Crown Court judge for an indication of the maximum sentence on a guilty plea before deciding how to plead (Correct answer)
- Apply for a fresh trial on newly discovered evidence
- Request the case be sent back to the magistrates
Correct answer: Ask the Crown Court judge for an indication of the maximum sentence on a guilty plea before deciding how to plead
A Goodyear indication gives defendants advance notice of the likely sentence ceiling so they can make an informed decision about whether to plead guilty.
Question 4: Under the Sentencing Act 2020, which factor is a statutory aggravating feature?
- The defendant expressed genuine remorse
- The offence was motivated by racial hostility (Correct answer)
- The defendant cooperated with the police
- The victim was partly responsible for the offence
Correct answer: The offence was motivated by racial hostility
Offences motivated by hostility based on race, religion, disability, sexual orientation, or transgender identity are statutory aggravating factors under the Sentencing Act 2020.
Question 5: What is a 'Proceeds of Crime Act 2002' confiscation order designed to achieve?
- Compensate the victim directly
- Remove the financial benefit the defendant obtained from criminal conduct (Correct answer)
- Impose a fine in lieu of imprisonment
- Seize the defendant's assets as a civil penalty
Correct answer: Remove the financial benefit the defendant obtained from criminal conduct
A POCA 2002 confiscation order strips the defendant of their benefit from criminal conduct, making crime financially unprofitable.
Question 6: A defendant charged with an indictable-only offence first appears in which court?
- Crown Court
- Magistrates' Court (Correct answer)
- High Court
- Youth Court
Correct answer: Magistrates' Court
Even indictable-only offences must first appear before the magistrates' court, which sends the case to the Crown Court under s.51 Crime and Disorder Act 1998.
BPTC Criminal Litigation 2
What does a 'Newton hearing' determine?