BPTC Criminal Litigation 2

Question 1

What does a 'Newton hearing' determine?

Accepted Answer

The factual basis for sentencing when the prosecution and defence dispute the facts after a guilty plea

Answer

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?

Accepted Answer

Section 76

Answer

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:

Accepted Answer

Ask the Crown Court judge for an indication of the maximum sentence on a guilty plea before deciding how to plead

Answer

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?

Accepted Answer

The offence was motivated by racial hostility

Answer

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?

Accepted Answer

Remove the financial benefit the defendant obtained from criminal conduct

Answer

A POCA 2002 confiscation order strips the defendant of their benefit from criminal conduct, making crime financially unprofitable.

BPTC Practice Test

BPTC Practice Test

BPTC Criminal Litigation 2