BPTC Criminal Litigation 3

Question 1

What is the purpose of a 'preparatory hearing' in serious fraud cases?

Accepted Answer

To identify and narrow the issues before the jury is empanelled, in order to promote efficiency

Answer

Preparatory hearings under the CJA 1987 enable the judge to make rulings on legal and evidential issues before the trial proper begins, saving court time.

Question 2

Under s.34 Criminal Justice and Public Order Act 1994, adverse inference may be drawn when:

Accepted Answer

The defendant fails to mention when questioned a fact later relied on in their defence

Answer

Section 34 allows the court or jury to draw an adverse inference if the defendant failed to mention a fact during police questioning that they later rely on in their defence.

Question 3

Which test does the Court of Appeal apply when deciding whether to admit fresh evidence on appeal?

Accepted Answer

The test under s.23 Criminal Appeal Act 1968 — whether the evidence is capable of belief and may afford a ground for appeal

Answer

Section 23 of the Criminal Appeal Act 1968 allows the Court of Appeal to admit fresh evidence if it is capable of belief, may afford a ground of appeal, and there is a reasonable explanation for the failure to adduce it at trial.

Question 4

What does the doctrine of 'abuse of process' allow the defence to argue?

Accepted Answer

That the proceedings should be stayed because the prosecution has acted in a way that would bring the justice system into disrepute

Answer

An abuse of process application asks the court to stay proceedings on the ground that continuing them would amount to an affront to justice, for example where there has been entrapment or excessive delay.

Question 5

In a contested committal for sentence to the Crown Court, the magistrates must be satisfied that:

Accepted Answer

The offence (either-way) is so serious that the Crown Court's greater sentencing powers are required

Answer

Magistrates may commit an either-way offender to the Crown Court for sentence under the Powers of Criminal Courts (Sentencing) Act 2000 if their powers of punishment are inadequate.

BPTC Practice Test

BPTC Practice Test

BPTC Criminal Litigation 3