SQE2 Criminal Litigation 3

Question 1

Under section 57 of the Sentencing Act 2020, which of the following is NOT one of the five statutory purposes of sentencing that a court must have regard to?

Accepted Answer

The financial compensation of the state for the costs of prosecution

Answer

The punishment of offenders

Answer

The reduction of crime, including its reduction by deterrence

Answer

The reform and rehabilitation of offenders

Question 2

What is a Newton hearing in the context of criminal sentencing?

Accepted Answer

A fact-finding hearing where the judge resolves a disputed factual basis for sentence following a guilty plea

Answer

A preliminary hearing to determine whether a defendant is fit to plead

Answer

A bail hearing before Newton Crown Court

Answer

An appeal against sentence from the magistrates' court to the Crown Court

Question 3

According to the Sentencing Council's guideline on Reduction in Sentence for a Guilty Plea, what is the maximum reduction available where a guilty plea is entered at the first stage of proceedings?

Accepted Answer

One third (approximately 33%)

Answer

One quarter (25%)

Answer

One half (50%)

Answer

One tenth (10%)

Question 4

Under sections 266 and 279 of the Sentencing Act 2020, when may a court impose an extended determinate sentence on an adult offender?

Accepted Answer

Where the offender is assessed as dangerous and has been convicted of a specified offence, and either the custodial term is at least four years or there is a relevant previous conviction

Answer

For any offence where the defendant has at least one previous conviction

Answer

For all sexual offences, regardless of the risk assessment of the offender

Answer

Only where the prosecution specifically applies for an extended sentence at the sentencing hearing

Question 5

Under section 108 of the Magistrates' Courts Act 1980, how does a defendant appeal against conviction in the magistrates' court?

Accepted Answer

By appeal to the Crown Court, where the matter is reheard de novo before a judge and magistrates

Answer

By way of case stated to the Divisional Court on a point of law only

Answer

By applying for judicial review to the Administrative Court

Answer

By appealing directly to the Court of Appeal (Criminal Division)

Question 6

Under section 36 of the Criminal Justice Act 1988, what is an Attorney General's Reference in the context of criminal sentencing?

Accepted Answer

A reference by the Attorney General to the Court of Appeal where a sentence passed in the Crown Court is considered unduly lenient, potentially resulting in an increased sentence

Answer

A request by the Attorney General for the court to permanently stay criminal proceedings as an abuse of process

Answer

A direction from the Attorney General requiring a defendant to be retried following an acquittal

Answer

A reference to the Privy Council on a constitutional point arising in a criminal case

Question 7

Under section 18 of the Criminal Appeal Act 1968 and Rule 39.2 of the Criminal Procedure Rules, within what period must a defendant normally give notice of appeal or apply for leave to appeal against conviction in the Crown Court?

Accepted Answer

28 days of the date of conviction or sentence

Answer

14 days of the date of conviction

Answer

21 days of the date of conviction

Answer

56 days of the date of conviction