SQE2 Criminal Litigation

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?

Accepted Answer

The defendant has a presumptive right to bail

Answer

The defendant must be remanded in custody until trial

Answer

The defendant may only be released on police bail

Answer

The defendant has no right to bail for indictable offences

Question 2

Under Schedule 1 of the Bail Act 1976, on what basis may a court refuse bail for an imprisonable offence?

Accepted Answer

Where there are substantial grounds to believe the defendant would abscond, commit further offences, or interfere with witnesses

Answer

Whenever the prosecution formally objects to bail being granted

Answer

Only where the defendant has relevant previous convictions for similar offences

Answer

Only where the offence carries a maximum sentence of five years or more

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?

Accepted Answer

The magistrates proceed to the allocation procedure to determine the appropriate venue

Answer

The case is automatically sent to the Crown Court for trial

Answer

The defendant is entitled to a jury trial as of right without further process

Answer

The magistrates must adjourn for a pre-sentence report

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?

Accepted Answer

56 days

Answer

70 days

Answer

112 days

Answer

182 days

Question 5

What is the primary purpose of a Plea and Trial Preparation Hearing (PTPH) in the Crown Court?

Accepted Answer

For the defendant to enter a formal plea and, if not guilty, for the court to give case management directions for trial

Answer

For the court exclusively to determine the defendant's fitness to plead

Answer

For the prosecution to complete its primary disclosure obligations

Answer

For the sentencing judge to review a guilty plea entered in the magistrates' court

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?

Accepted Answer

The defendant may consent to summary trial or elect trial on indictment in the Crown Court

Answer

The defendant must accept summary trial and has no further election

Answer

The defendant may only elect Crown Court trial with leave of the magistrates

Answer

The defendant must apply to the High Court to exercise any right to 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?

Accepted 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

Answer

That the client has an absolute right to a further bail application at the next hearing without restriction

Answer

That bail refusal is final and can only be challenged by way of judicial review to the Administrative Court

Answer

That only the prosecution may challenge a bail decision once made