SQE2 Criminal Litigation 1 — Questions and Answers
Question 1: Under section 4 of the Bail Act 1976, what is the general position of a defendant charged with a criminal offence who is brought before the magistrates' court?
- The defendant has a presumptive right to bail (Correct answer)
- The defendant must be remanded in custody until trial
- The defendant may only be released on police bail
- The defendant has no right to bail for indictable offences
Correct answer: The defendant has a presumptive right to bail
Section 4 of the Bail Act 1976 grants defendants a general right to bail, meaning the court must grant bail unless statutory exceptions apply.
Question 2: Under Schedule 1 of the Bail Act 1976, on what basis may a court refuse bail for an imprisonable offence?
- Whenever the prosecution formally objects to bail being granted
- Where there are substantial grounds to believe the defendant would abscond, commit further offences, or interfere with witnesses (Correct answer)
- Only where the defendant has relevant previous convictions for similar offences
- Only where the offence carries a maximum sentence of five years or more
Correct answer: Where there are substantial grounds to believe the defendant would abscond, commit further offences, or interfere with witnesses
Schedule 1, Part I of the Bail Act 1976 permits refusal of bail for imprisonable offences where there are substantial grounds to believe the defendant would abscond, commit offences on bail, or interfere with witnesses or obstruct justice.
Question 3: In an either-way case, what procedural step immediately follows a defendant's indication of a not guilty plea at the plea before venue hearing?
- The case is automatically sent to the Crown Court for trial
- The magistrates proceed to the allocation procedure to determine the appropriate venue (Correct answer)
- The defendant is entitled to a jury trial as of right without further process
- The magistrates must adjourn for a pre-sentence report
Correct answer: The magistrates proceed to the allocation procedure to determine the appropriate venue
Under section 17A of the Magistrates' Courts Act 1980, a not guilty indication triggers the allocation procedure, at which the court considers whether summary trial or trial on indictment is more appropriate.
Question 4: What is the custody time limit from first appearance to the start of summary trial for an either-way offence in the magistrates' court under the Prosecution of Offences (Custody Time Limits) Regulations 1987?
- 56 days (Correct answer)
- 70 days
- 112 days
- 182 days
Correct answer: 56 days
Regulation 5 of the Prosecution of Offences (Custody Time Limits) Regulations 1987 sets the custody time limit at 56 days from first appearance to the start of summary trial for either-way offences.
Question 5: What is the primary purpose of a Plea and Trial Preparation Hearing (PTPH) in the Crown Court?
- For the defendant to enter a formal plea and, if not guilty, for the court to give case management directions for trial (Correct answer)
- For the court exclusively to determine the defendant's fitness to plead
- For the prosecution to complete its primary disclosure obligations
- For the sentencing judge to review a guilty plea entered in the magistrates' court
Correct answer: For the defendant to enter a formal plea and, if not guilty, for the court to give case management directions for trial
The PTPH is the first Crown Court hearing at which the defendant enters their formal plea; if the plea is not guilty, the court gives directions for the management and preparation of the trial.
Question 6: In an either-way case where the magistrates decide that summary trial is appropriate, what choice does the defendant have under section 20 of the Magistrates' Courts Act 1980?
- The defendant must accept summary trial and has no further election
- The defendant may consent to summary trial or elect trial on indictment in the Crown Court (Correct answer)
- The defendant may only elect Crown Court trial with leave of the magistrates
- The defendant must apply to the High Court to exercise any right to Crown Court trial
Correct answer: The defendant may consent to summary trial or elect trial on indictment in the Crown Court
Under section 20 of the Magistrates' Courts Act 1980, once the magistrates indicate that summary trial is appropriate, the defendant must be told they may consent to summary trial or elect Crown Court trial.
Question 7: When making a bail application in the magistrates' court on behalf of a client who has been refused bail, what should a defence solicitor advise the client regarding remedies?
- That the client has an absolute right to a further bail application at the next hearing without restriction
- That bail refusal is final and can only be challenged by way of judicial review to the Administrative Court
- That the client may appeal the refusal to the Crown Court under section 81 of the Senior Courts Act 1981, and may also apply to a High Court judge (Correct answer)
- That only the prosecution may challenge a bail decision once made
Correct answer: That the client may appeal the refusal to the Crown Court under section 81 of the Senior Courts Act 1981, and may also apply to a High Court judge
A defendant refused bail in the magistrates' court may appeal to the Crown Court under section 81 of the Senior Courts Act 1981, or apply to a High Court judge under section 22 of the Criminal Justice Act 1967.
SQE2 Criminal Litigation 1
Under section 4 of the Bail Act 1976, what is the general position of a defendant charged with a criminal offence who is brought before the magistrates' court?