Criminal Litigation 50 SBA Revision Document Questions and Answers

CRIMLIT-03-1920-50 SBA REVISION DOC-QA
BAR PROFESSIONAL TRAINING COURSE
CRIMINAL LITIGATION
50 SBA
REVISION DOCUMENT
QUESTIONS AND ANSWERS

This document is designed for revision.
The questions have been divided into sections to reflect the content of each of the Criminal
Litigation Small Group Sessions.
You have not seen these questions previously, they are different to the questions
contained in the mini SBA tests that have appeared in the session folder following each SG.
Once you have covered/revised the material in the reading list for a SG session, you will find
5 questions on those topics in this document.
I hope you find this useful. It is simply another resource for you to use as you wish.
Simone Start
Module Leader Criminal Litigation
© City, University of London 2020

Page 1 of 78
CONTENTS
SG Session / Topic Page No
SG 2: Bail & Disclosure 3-8
SG 3: Plea Before Venue, Allocation (Mode of 9-15

Trial)
SG 4: Adult Sentencing 1 16-23
SG 5: Adult Sentencing 2 24-29
SG6: Youth Court & Youth Sentencing 1 30-39
SG7: Youth Court & Youth Sentencing 2 40-50
SG8: Committal for Sentence & Appeals from the 51-59

magistrates’ court
SG9: Indictments 60-66
SG10: Crown Court Trial 67-74
SG11: Appeals from the Crown Court 75-82

Page 2 of 78
SMALL GROUP SESSION 2: BAIL & DISCLOSURE
1. Bill was arrested for Robbery and taken to his local police station where he was
interviewed under caution in accordance with PACE. Bill has been in custody for
almost 24 hours since arrest. The police are making further enquiries, but at present
do not feel they have sufficient evidence to charge Bill with Robbery. Which one of the
following options is CORRECT?
[A] Bill must be released on bail if he is not charged.
[B] Permission could be sought to extend Bill’s detention for a further 12 hours if
an officer of the rank of superintendent or above authorises it. After this time,
Bill must be released on bail if he is not charged.
[C] If, having sought permission for a further 12 hours from an officer of the rank
of superintendent or above, there is still insufficient evidence to charge Bill,
permission could be sought from the magistrates’ court to extend the period of
detention. After a total of 96 hours has elapsed since Bill’s detention, Bill must
be released on bail if he is not charged.
[D] Permission could be sought from the Crown Court to extend the period of
detention for a further 96 hours. Bill must be released on bail if he is not
charged.
ANSWER [C] the period of detention without charge may be extended in respect of a person
under arrest for an indictable offence (robbery is indictable) for up to a total of 96 hours from
the relevant time by a magistrates’ court. Here Bill has been in custody for 24 hours so the
court can extend the time for a further 72 hours.
[A] The normal maximum period of detention without charged is 24 hours from the relevant
time. However, this can be extended. D1.67
[B] Although an extension can be sought for a further 12 hours in this way, once this time
expires, a further extension can be granted by the Magistrates’ Court. D1.67
[D] The CC cannot grant extension to the period of detention without charge. D1.67
Syllabus Section 2: Preliminaries to prosecution
• 3. The main powers of arrest and the detention and treatment of suspects.
BCP D1.67
Page 3 of 78
2. Where a person is arrested, which ONE of the following is NOT correct?
[A] The person arrested must be cautioned at the time of arrest or as soon as practicable.
[B] The person arrested needs to be informed that he is under arrest as soon as
practicable after the arrest.
[C] The person arrested ought to be informed of the ground of the arrest as soon as
practicable.
[D] The person arrested must be informed of the fact and reason for his arrest by the
arresting officer.
ANSWER [D] The information need not be given by the arresting officer but may be given by
a colleague. BCP D1.18
[A] The person arrested must be cautioned at the time of arrest or as soon as practicable.
BCP D1.18
[B] The person arrested needs to be informed that he is under arrest as soon as practicable
after the arrest. D1.17
[C] The person arrested ought to be informed of the ground of the arrest as soon as
practicable. BCP D1.17
Syllabus Section 2: Preliminaries to Prosecution
• 3. The main powers of arrest and the detention and treatment of suspects
BCP D1.17-18

Page 4 of 78
3. You represent Charlie who is charged with one offence of Dangerous Driving, which is
an either-way offence. You are instructed to represent Charlie at his first hearing and
have instructions that Charlie intends to enter a Not Guilty plea to the offence and if
given the option, consent to summary trial. Looking at the papers, the date of issue of
the written charge and requisition was a matter of weeks ago but the offence dates
back over 9 months. You recall the rules on time limits within which proceedings must
be started. What is the CORRECT advice?
[A] The Magistrates’ Court may not try an accused for any offence unless the
written charge was issued within six months of the time when the offence was
allegedly committed. It is too late to try Charlie for this offence as it occurred
more than six months prior to the issue of the written charge.
[B] There is no time limit within which proceedings must be started with regards to
either-way offences. It therefore does not matter that the offence dates back
more than six months before the issue of the written charge. Charlie’s hearing
will proceed in the usual way.
[C] A Magistrates’ Court may not try an accused for any either-way offence tried in
the magistrates’ court unless the written charge was issued within six months
of the time when the offence was allegedly committed. It is too late to try
Charlie for this offence as it occurred more than six months prior to the issue
of the written charge.
[D] Time limits within which proceedings must commence only apply to private
prosecutions. As Charlie’s proceedings are brought by the CPS, no time limit
applies and Charlie’s hearing will proceed in the usual way.
ANSWER [B] There is no time limit within which proceedings must be started with regards to
either-way offences.
[A] The six- month time limit applies to summary offences. Here the answer said “any offence”

Page 5 of 78
[C] There is no time limit within which proceedings must be started for either way offences.
[D] Time limits apply to any summary offences, regardless of how proceedings have been
commenced.
Syllabus Section 2: Preliminaries to Prosecution

• 5. The different methods of commencing criminal proceedings and time limits
BCP D21.17-18

Page 6 of 78
4. Consider the following statements regarding the content of a written charge or

information.
(i) It must contain a description of the offence in ordinary language.

(ii) If applicable, it must identify the legalisation that creates the offence.
(iii) It must contain sufficient particulars of the conduct constituting the offence.
(iv) Only one charge may appear on a single written charge or information. Multiple
charges need to be drafted separately.
Which of the following is CORRECT?
[A] All of the above statements are correct.
[B] (ii), (iii) and (iv) are correct.
[C] (i), (iii) and (iv) are correct.
[D] (i), (ii) and (iii) are correct.
ANSWER [D]
An information or written charge must contain:
(a) A statement of the offence which describes the offence ‘in ordinary language’ and (if
the offence is created by statute) identifies the legislation that creates it; and
(b) Sufficient particulars of the conduct constituting the commission of the offence to make
clear what the prosecutor alleges against the defendant.
Where a number of incidents, taken together, amount to a course of conduct, those incidents
may be included in the allegation.
A single document may contain more than one charge – so (iv) above is INCORRECT.
Syllabus Part 2: Preliminaries to Prosecution

• 5. The different methods of commencing criminal proceedings and time limits
BCP D5.14
Page 7 of 78
5. Today is Thursday. Felix represents the prosecution at a first appearance in the

magistrates’ court. The defendant is charged with robbery. The magistrates grant bail
notwithstanding prosecution objections. Felix is instructed to appeal. Which ONE of
the answers below states the correct procedure that Felix and the court should follow?
[A] Felix should immediately draft an appeal notice and should serve it on the court
and defendant within two hours. The Crown Court should hear the case within
48 hours from notice being given.
[B] Felix should give oral notice of the appeal at the conclusion of proceedings.
Notice must be given to the magistrates. This must be confirmed in writing and
served on the defendant within two hours. The Crown Court should hear the
case on Monday.
[C] Felix should give oral notice of the appeal at the conclusion of proceedings
although notice can be given to the justices’ clerk rather than the magistrates.
This must be confirmed in writing and served on the defendant within two hours.
The Crown Court should hear the case on Monday.
[D] Felix should give oral notice of the appeal at the conclusion of proceedings
although notice can be given to the justices’ clerk rather than the magistrates.
This must be confirmed in writing and served on the defendant within two hours.
The Crown Court should hear the case on Friday to ensure that 48 hours does
not expire from notice being given.
ANSWER [C]
[A] Is incorrect. The prosecutor must give oral notice of the appeal at the conclusion of the
proceedings in which bail was granted.
[B] Is incorrect. Oral notice of appeal can properly be given to the justices’ clerk- it is not
necessary that the justices should themselves be in court.
[C] Is correct.
[D] Although the Crown Court must hear the appeal within 48 hours this means two working
days rather than literally within 48 hours.
Syllabus Part 3: Bail & Remands

• 6. Grounds upon which the prosecution can appeal to the Crown Court against a
decision to grant bail. BCP D7.93
Page 8 of 78
SMALL GROUP SESSION 3: Plea Before Venue, Allocation (Mode of

Trial) & Summary Trial
1. Harriet is charged with Dangerous Driving, an either-way offence, and seeks an

indication of sentence from the magistrates at her first hearing. The magistrates
indicate that if Harriet pleaded guilty, they would not be minded to impose a custodial
sentence. Harriet decides to plead guilty. The court adjourns for a Pre-Sentence
Report before passing sentence. The court indicates that the option of committing to
the Crown Court for sentence is not an option they would consider. Which one of the
following statements is CORRECT?
[A] Once the court have the pre-sentence report, the option to commit the matter
to the Crown Court for sentence remains open, despite what was said at an
earlier hearing.
[B] The magistrates should not have made any indications to Harriet as any
decision on sentencing can only be reached once the court have a Pre-
Sentence Report.
[C] Harriet should be sentenced in the magistrates’ court on the next occasion and
the court may not impose a custodial sentence on her.
[D] Harriet should be sentenced in the magistrates’ court as she has a legitimate
expectation that she will be sentenced there. She could still be sentenced to a
custodial sentence if a different bench of magistrates sentence her.
ANSWER [C] Where the court does not pass sentence immediately, the magistrates must be
careful not to create an expectation that the accused will ultimately be sentenced in that court
if they wish the option of committal for sentence to the Crown Court to remain open. Where
the accused has been told, when a PSR has been ordered, that the case will not be committed

Page 9 of 78
to the Crown Court, it creates a legitimate expectation that she would be sentenced in the
magistrates’ court.
Where the court gives an indication of sentence, and the accused then indicates a guilty plea,
no court may impose a custodial sentence for the offence unless such a sentence was
indicated in the indication of sentence.
[A] Incorrect. See [C] above.
[B] Incorrect. The magistrates court may give indications of sentence.
[D] Incorrect. See [C] above
Syllabus 4: Procedure in the Magistrates’ Court
• 4. Determining allocation (mode of trial), including the special rules for criminal damage
and low value shoplifting cases – (legitimate expectations as to sentence, the binding
effect of indication of sentence).
BCP D23.35 & D6.12

Page 10 of 78
2. You represent Ali at summary trial on the charge of assaulting a police constable
(assault P.C.) Ali is of good character and is apprehensive about the forthcoming trial.
Ali is not sure what the court legal advisor does and asks you in conference. Consider
the following statements:
(i) advising the magistrates on questions of mixed law and fact;
(ii) advising the magistrates on matters of practice and procedure;
(iii) may ask questions of witnesses and the parties in order to clarify the evidence;
(iv) assisting the court in the formulation of its reasons.
Which of the above are the CORRECT role of the court legal advisor?
[A] (i) & (ii) only
[B] (i), (ii) & (iii) only
[C] (ii), (iii) & (iv) only
[D] All of the above.
ANSWER [D] All of the above.
Syllabus Part 8: Summary Trial Procedure.
• 4. Procedural steps in a summary trial, including role of the legal adviser
BCP D22.81

Page 11 of 78
3. You represent the prosecution in the magistrates’ court at a preliminary hearing. The
offence is one of assault occasioning actual bodily harm. Due to the defendant’s
previous convictions, he has been remanded in custody. He appears at the hearing
via live link from the local prison and pleads guilty to the offence. The court has
sufficient information about the defendant and the offence to proceed to sentence.
What is the court most likely to do?
[A] Adjourn the hearing. The defendant needs to be present in court to be

sentenced.
[B] Proceed to sentence if it is not contrary to the interests of justice to do so.
[C] Proceed to sentence if the defendant consents.
[D] Issue a bench warrant as the defendant has not attended court in person.
ANSWER [B]
An accused in custody may appear via a live link from prison/police station. When this
happens, the accused is to be treated as present in court. Therefore [D] would be incorrect.
If an accused pleads guilty to an offence via live-link, the court may proceed immediately to
sentence it the court is satisfied that it is not contrary to the interest of justice to do so.
Therefore [B] is correct and [A] and [C] are not.
Moreover, the offender can give oral evidence over the live link if the court is satisfied that it
is not contrary to the interests of justice for him to do so.
Syllabus Part 4: Procedure in the magistrates’ court
• 2. Preliminary hearings and entering a plea in the magistrates’ court

BCP D5.38 & D5.41

Page 12 of 78
4. Consider the following propositions:
(i) There has been deliberate delay in commencing proceedings.
(ii) There has been inordinate delay in commencing proceedings due to the accused
changing solicitors several times.
(iii) There has been unconscionable delay in commencing proceedings due to the
prosecution’s inefficiency.
(iv) Prejudice to the defence from the delay can be inferred.
Which of the arguments above could be used to support a submission that the delay amounts
to an abuse of process of the court and that the magistrates’ ought therefore not allow the
case to proceed?
[A] All of the above.
[B] (i), (ii) & (iv)
[C] (i), (iii) & (iv)
[D] (ii), (iii) & (iv)
ANSWER [C] (i), (iii) & (iv)
Where deliberate delay in bringing the case cannot be shown, the defence may nevertheless
make the submission that the delay amounts to an abuse of process if:
(i) There has been inordinate / unconscionable delay due to the prosecution’s
inefficiency
(ii) Prejudice to the defence from the delay is either proved or to be inferred.
If the delay is in part attributable to the accused’s own conduct, an application is unlikely to
succeed.
Syllabus Part 8: Summary Trial Procedure
• 3. Abuse of process in the magistrates’ courts.

BCP D21.21

Page 13 of 78
5. You are prosecuting in a trial of theft in the magistrates’ court. It is alleged that the
defendant targeted a department store, taking a number of items. You have a
statement from the store manager which details what items were missing from the
shop following a stock check following the alleged thefts. The store manager had no
other involvement. The defendant argues alibi: they were elsewhere when the thefts
took place. There is no issue that items were taken from the shop. What is the best
way to adduce the evidence of the store manager?
[A] You should call her as a witness.
[B] You may read out her witness statement unless the defendant objects.
[C] You should reduce the statement to formal admissions.
[D] As there is no issue as to the content of the statement, no evidence needs to

be adduced.
ANSWER [C]
[A] As the evidence of this witness is agreed, the defence will have no need to cross examine
her and as such there is no need for her to attend court to give evidence
[D] You should call evidence on the issue of the missing items – even though it is agreed. The
court can only judge the case on the evidence before them. With no evidence of what has
been taken, the prosecution case will fail.
[C] A formal admission can be adduced into evidence (by written record usually) where a fact
is agreed between the parties. Here, it is agreed that the items were taken, so the evidence
can be reduced to a series of written agreed facts (formal admissions) s10 CJA 1967
[B] Under s9 CJA 1967, a party wishing to adduce the evidence of a witness statement may
read the statement rather than calling the maker of the statement to give evidence. If within 7
days of the witness statement being served on the defence, the defence indicate that they
object to it being read, the witness must be available for cross-examination. Where there is
no objection, it can be read.
Page 14 of 78
Here you could use s9 or s10. However, it is best to reduce the statement to formal
admissions in this instance. The only relevant evidence from this witness is the list of items
that were missing from the shop. This is agreed evidence. The simplest way to adduce such
evidence is reducing the statement to a list of agreed facts/admissions.
Syllabus Part 8: Summary Trial Procedure
• 4. the different ways in which evidence may be presented or proved
BCP D22.41 (the first sub-paragraph), D22.43
Note: sections 9 and 10 Criminal Justice Act 1967 – specific statutory provisions with
which you should be familiar and be able to refer to by section number.

Page 15 of 78
SMALL GROUP SESSION 4: Adult Sentencing 1
1. When the court is sentencing an offender, there are a number of factors to consider in
order to determine the appropriate sentence. Consider the following factors:
(i) The offender has one or more previous convictions for the same offence.
(ii) The offence was motivated towards a person who has a disability.
(iii) At the time of committing the offence, the offender demonstrated towards the victim
hostility based on the sexual orientation of the victim.
(iv) The offence was committed while the offender was on bail for another offence.
Which of the above would the court consider to be an aggravating factor, regardless of the
offence committed?
[A] (i) & (iv) only.
[B] (i),(ii) & (iii) only
[C] (ii), (iii) & (iv) only
[D] All of the above.
ANSWER [D] All of the above.

(i) In considering the seriousness of an offence committed by an offender who has
one or more previous convictions the court must treat each previous conviction as
an aggravating factor if the court considers that it can reasonably be so treated.
(ii) This is one of the factors that applies where the court is considering the
seriousness of the offence committed in such a circumstance.
(iii) See (ii) above.

Page 16 of 78
(iv) In considering the seriousness of any offence while the offender was on bail, the
court must treat the fact that it was committed in those circumstances as an
aggravating factor.
Syllabus Part 22: Sentencing Principles

• 2. Assessment of seriousness.
BCP E1.14-17; E1.19

Page 17 of 78
2. You represent Orlando who has been found guilty in the Crown Court of one count of
Assault Occasioning Actual Bodily Harm (s47 OAPA 1861). Today is the sentencing
hearing and you have advised Orlando, that given the aggravating factors in his case
and the recommendations made in the Pre-Sentence Report, he is likely to receive a
Suspended Sentence. Which one of the following correctly states the test that has to
be satisfied before a suspended sentence can be passed?
[A] The court must be satisfied that the offence was serious enough to justify such
a sentence.
[B] The court must be satisfied that Orlando would wilfully and persistently fail to
comply with the terms of a community order.
[C] The court must be satisfied that the offence is so serious that neither a fine
alone nor a community sentence can be justified.
[D] The court must consider that it would not be unjust to impose such a sentence
in view of all the circumstances.
ANSWER [C]
[A] This is the test for passing a Community Order.
[B] Where a community order has been imposed on an adult in respect of an offence which
was not punishable by imprisonment, and the court is of the view that the offender has wilfully
and persistently failed to comply with the requirement of the order, the court may impose a
sentence of imprisonment not exceeding 6 months.
[C] Correct. The power to impose a suspended sentence applies to sentences of

imprisonment so the custody threshold must be passed in order to impose a suspended
sentence.
[D] This is the test where the offender is in breach of a suspended sentence. In this
circumstance, the court must activate the suspended sentence, in whole or in part, unless
unjust to do so.
Page 18 of 78
Syllabus Part 23: Non- custodial Sentences

3. Community Sentences E8.2, E8.29
Syllabus Part 24: Custodial Sentences

• 2. Restrictions on imposing a custodial sentence E2.7
• 5. Suspended Sentences E6.1, E6.12

Page 19 of 78
3. You represent Richie, who is due to be sentenced today at the Crown Court. He
entered guilty pleas to four counts of benefit fraud three weeks ago. The case was
adjourned for the preparation of a Pre-Sentence Report. When Richie entered his
guilty pleas, the case had already been listed for trial. He decided to change his plea
following a conference with trial counsel. You will need to give advice as to what
sentence Richie is likely to receive. You advise that, whatever his sentence, the court
will need to consider whether Richie should receive any reduction in his sentence
following his guilty plea. What approach is the court most likely to take?
[A] Reduction of one-third.
[B] Reduction of one-quarter.
[C] Reduction of one-tenth.
[D] No reduction in sentence given the lateness of the guilty pleas.
ANSWER [B]
[A] This is the greatest reduction available and will be given where the plea was indicated at
the first stage of proceedings.
[B] This is recommended where a guilty plea is indicated after the first stage of proceedings.
[C] This is recommended where the plea is entered on the first day of trial.
[D] See above. In each case, there is presumption that the recommended reduction will be
given unless there are good reasons for a different amount.
Syllabus Part 22:

• 2. Reduction in Sentence for guilty plea.
BCP E1.8-9

Page 20 of 78
4. You represent Jim who is charged with several counts of fraud. The case will be dealt
with in the Crown Court. You meet him in conference prior to him entering any
plea. He is keen to find out what his likely sentence would be if he were to plead
guilty. You give advice, having consulted the sentencing guidelines, but Jim wishes
you to be more precise. You tell Jim that you could ask the court for an indication.
Which one of the following is CORRECT?
[A] You should obtain written authority from Jim before seeking an indication.
[B] If the judge declines to give an indication, you cannot ask for an indication on
a subsequent occasion.
[C] If the judge does give an indication, it is only binding on him on the day that it
is given. If a different judge passes sentence, the indication has no effect.
[D] The judge could give an indication of sentence to Jim without you requesting
one.
ANSWER [A]
The correct approach to judicial indications of sentence is set out in Goodyear [2005] 3 All ER
117 (you need to be familiar with the case and know the name, but not the citation – it
is on the list of cases you need to learn)
[A] The accused’s advocate should not seek an indication without written authority, signed by
his client, that he, the client, wishes to seek an indication.
[B] If the court refuses to give an indication, it remains open to the defence to make a further
request for an indication at a later stage.
[C] Once an indication has been given, it is binding and remains binding on the judge who has
given it and also binds any other judge who becomes responsible for the case.
[D] A court should not give an indication of sentence unless one has been sought by the
accused.
4. Indications of Sentence. BCP D12.61-63

Page 21 of 78
5. Darcy appears before the Magistrates’ Court charged with a s4 Public Order Act 1986
offence due to threatening words and behaviour. Darcy had been staggering in the
street, early in the morning, shouting very loudly in a residential area. She stumbled
over some rubbish bins, knocking them over. When she was told to keep quiet by
some local residents, she started shouting abusive and threatening words. She was
interviewed under caution by the police. She said that she could not recall exactly what
she had shouted due to her being intoxicated but accepted the accusation against her.
She accepted that her neighbours would not have lied. Darcy appears in court today
for her first appearance. She enters a guilty plea.
Darcy has a number of previous convictions for violence. She is 21 years old and at
the time of the incident drank excessively due to a recent bereavement. Darcy works
as a security officer but has been recently lost her job due to concerns about her
drinking.
The magistrates state that they are keen to ensure that such an incident does not
reoccur. In these circumstances, what action is the court most likely to take?
[A] Order a Pre-Sentence Report.
[B] Order a conditional discharge.
[C] Order the payment of a fine.
[D] Make an immediate community order with a programme requirement to deal

with excess alcohol consumption.

Page 22 of 78
ANSWER [A]
[A] A Pre-Sentence Report should be obtained in a case where the court is considering
imposing a custodial sentence or for forming an opinion as to the suitability of an offender for
various types of community sentence, unless the court believes such a report to be
unnecessary. Darcy has previous convictions, so the court will be considering all sentencing
options. There also appear to be a number of issues emerging from Darcy’s recent behaviour
that mean a PSR would provide insight for the court into the most suitable sentence,
particularly as the magistrates want to avoid repeat offending.
[B] A conditional discharge is appropriate where the court considers it inexpedient to inflict
punishment. This will not be the case in these circumstances. E12.1
[C] A fine could be imposed, but it is unlikely due to the fact that Darcy has recently lost her
job and there appear to be separate issues surrounding that decision. A fine will not address
the circumstances that led to the offending or the concern the magistrates have about her
reoffending.
[D] See [A] above. This may be the ultimate decision of the court, but they are unlikely to make
it without the further information that would be contained in a pre-sentence report.
Syllabus Part 22: Sentencing principles
• 3. Pre-sentence reports E1.27 (first sub-paragraph only)
Syllabus Part 23: Non-custodial Sentences
• 1. Absolute and conditional discharges. E12.1

• 2. Fines E15.18, E15.19 (first two sub-paragraphs only).

Page 23 of 78
Small Group Session 5: Adult Sentencing 2
1. Matiss has been convicted of Rape and is due to be sentenced today. He has previous
convictions for sexual assault and the court is considering whether to sentence him on
the basis that he is a dangerous offender. Consider the following statements:
(i) may take into account any information about the offender which is before it.
(ii) must take into account all such information as is available to it about the nature and
circumstances of the offence.
(iii) may take into account all such information as is available to it about the nature and
circumstances of any offences of which the offender has been convicted.
(iv) may take into account any information which is before it about any pattern of
behaviour.
Which one of the following is correct as regards assessing whether Jim is a dangerous
offender?
[A] All statements are correct.
[B] (i), (ii), (iii) only are correct.
[C] (ii), (iii) and (iv) only are correct.
[D] (i) and (iv) only are correct.
ANSWER [A] All are correct.
Where (a) a person has been convicted for a specified offence and (b) it falls to the court to
assess whether there is a significant risk to members of the public of serious harm occasioned
by the commission by him of further such offences, in making such an assessment all of the
above factors are relevant, some of them being mandatory and others allowing the court a
discretion.
Syllabus Part 26: The dangerous offender provisions
• 2. The assessment of dangerousness. BCP E4.19

Page 24 of 78
2. Which one of the statements below correctly identifies the necessary test to be met for
making an order under the dangerous offender provisions?
[A] The offender poses a risk to members of the public of serious harm occasioned
by the commission by him of further specified offences.
[B] The offender poses a significant risk to members of the public of serious harm
occasioned by the commission by him of further specified offences.
[C] The offender poses a significant risk to members of the public of serious harm
occasioned by the commission by him of further offences.
[D] The offender poses a significant risk to members of the public of some harm,
ANSWER [B] The offender poses a significant risk to members of the public of serious harm
[A] Is missing the word “significant” in relation to the risk posed.
[C] Is missing the word “specified” in relation to the types of further offences.
[D] Is missing the words “of serious harm” in relation to the type of risk the public face.
Syllabus Part 26: The dangerous offender provisions
• 2. The assessment of dangerousness.
BCP E4.19

Page 25 of 78
3. You represent Gemma, who has pleaded guilty to several counts of fraud. Gemma
appears in the Crown Court for sentence. The sentencing judge is minded to defer
Gemma’s sentence to have regard to any change in her circumstances and her
conduct following conviction. Consider the following statements. Which one is
INCORRECT?
[A] Gemma must agree to sentence being deferred.
[B] The future sentencing court retains the power to sentence Gemma in any way
the court could sentence her today.
[C] Gemma must be sentenced within 12 months.
[D] The judge must be satisfied that deferring Gemma’s sentence is in the interests
of justice.
ANSWER [C] Gemma must be sentenced within 12 months - is INCORRECT
When deferring sentence, the court must fix the date to which sentence is deferred, the
maximum period allowed being six months.
• 5. Sentencing in the Crown Court
BCP D20.103

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4. You represent Natasha in the Magistrates’ Court. Natasha is charged with dangerous
driving and today is her first appearance. In conference, Natasha accepts much of the
prosecution case against her. However, she disputes some matters. You advise her
to plead guilty to the charge but on a basis of plea. You believe it is likely that the court
will need to determine the factual dispute. Consider the statements below. Which one
is CORRECT?
[A] As this is the Magistrates’ Court, there is no need to set out the basis of plea in
writing.
[B] If the magistrates are of the view that it is necessary to their decision on
sentence, they must invite submissions from both advocates. There is no
option to hear evidence to determine the dispute of fact.
[C] The magistrates need only determine the factual dispute if it would make a
material difference to the sentence passed.
[D] The procedure set out in Newton has no application in the Magistrates’ Court.
ANSWER [C] The magistrates need only determine the factual dispute if it would make a
material difference to the sentence passed.
[A] Where the accused pleads guilty but there is a dispute as to the facts, he should set out
the basis in writing.
[B] If the court decides that the dispute needs to be determined, the court will invite such
further representations or evidence as it may require. There is a choice of hearing
representations or hearing evidence, it is worth noting that BCP expresses the view that the
procedure in Newton should be followed, as cases where it is possible to resolve a factual
dispute without hearing any evidence will be very rare (you need to be familiar with the case
and know the name, but not the citation – it is on the list of cases you need to learn).
[D] See [B] above.
• 6. Sentencing procedure in the magistrates’ courts.
BCP D23.7

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5. Consider the following statements:
(i) Compensation cannot be combined with a sentence of immediate custody.

(ii) Magistrates have no power to make a confiscation order.
(iii) A confiscation hearing must always take place within two years of conviction.
(iv) A confiscation hearing is mandatory in all cases.
[A] All of the above are correct.
[B] Only (ii) is correct.
[C] (ii) and (iv) only are correct.
[D] (ii), (iii) and (iv) only are correct.
ANSWER [B]
(i) Incorrect: Compensation orders may be imposed instead of or in addition to

dealing with an offender in any other way. E16.15
(ii) Correct. Magistrates must commit a convicted defendant to the Crown Court ‘with
a view to a confiscation order being considered’ if the prosecution so requests.
E19.5 (first sub-paragraph only)
(iii) Incorrect: In ‘exceptional circumstances’, postponements of longer than two years
are possible. E19.10 (last sub-paragraph only)
(iv) Incorrect: A confiscation order is mandatory in all cases if the prosecution apply
for a determination. E19.1
Syllabus Part 25. Ancillary orders and costs on conviction

• 2. Compensation
BCP E16.15
• 4. Confiscation under the Proceeds of Crime Act 2002
BCP E19.1; E19.5 (first sub-paragraph); E19.10 (last sub-paragraph)

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SMALL GROUP SESSION 6:

YOUTH COURT AND YOUTH SENTENCING 1
1. Sasha, aged 14 and Michael, aged 18 are jointly charged with Possession with
intent to supply Cocaine (a Class A drug) and Common Assault (an imprisonable
offence).
The magistrates decide that it is in the interests of justice for them to be tried together
for the charge of Possession with intent to supply Cocaine in the Crown Court.
What are the magistrates most likely to do in relation to the charge of Common
Assault?
[A] As Common Assault is an either-way offence they will need to consider whether
it is in the interests of justice to send it to the Crown Court for trial alongside
the charge of Possession with Intent to Supply.
[B] As Common Assault is a summary only offence for which Sasha and Michael
are jointly charged, the magistrates will deal with it in the magistrates’ court.
[C] The magistrates will send it to the Crown Court to be dealt with.
[D] As Common Assault is an imprisonable summary offence they will consider

whether it is in the interests of justice to send it to the Crown Court.
ANSWER [C] The court may also send to the Crown Court any related indictable offences or
summary offences which are imprisonable or carry disqualification from driving. In order to
answer this question, you need to know the classification of Common Assault (summary only
– see table of classifications in Self-study session 2). Once you know that Common Assault is
summary only, you can add that knowledge to the fact that it is imprisonable (information given

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in the question) and then arrive at the conclusion that the Common Assault can be sent to the
Crown Court. So [C] is the most likely outcome. D24.46
[A] This is incorrect because Common Assault is not an either-way offence.
[B] This is the correct classification of Common Assault. Additionally, since Sasha and Michael
are jointly charged, the magistrates must deal with the matter if they do not send it to the
Crown Court. However, it is not the most likely option in this scenario as it will be more efficient
to send the summary only matter to the Crown Court.
[D] The interests of justice test only applies, where the youth is charged jointly with the adult
on an indictable offence (or a related indictable offence). It does not apply to a summary only
offence. D24.46
Syllabus Section 1: Overview of Criminal Procedure
• 1. The classification of offences (see Self-study session 2)
Syllabus Section 21: Youth Court and the appearance of youths in other courts
• 2. Procedure in the Youth Court D24.46

Page 30 of 78
2. Carlo, aged 20 and Julia, aged 16 are tried in the magistrates’ court on a joint
charge of Assault Occasioning Actual Bodily Harm (ABH). The maximum sentence for
ABH is 5 years’ imprisonment. ABH is a ‘specified offence’.
The magistrates decide that Carlo is not guilty, but make a finding of guilt against Julia.
Consider the following statements:
(i) The magistrates can sentence Julia to a Detention and Training Order.
(ii) The magistrates can only commit Julia to the Crown Court for sentence if she is
considered ‘dangerous’.
(iii) The magistrates can commit Julia to the Crown Court for sentence if she is
considered ‘dangerous’ or if there is a real possibility that a sentence over 24
months would be imposed.
(iv) The magistrates can remit Julia to the Youth Court for sentence.
[A] (i), (iii) and (iv) only are correct.
[B] (ii) and (iv) only are correct.
[C] (iv) only is correct.
[D] (iii) and (iv) only are correct.
ANSWER [B]
(i) Incorrect. Only the Youth Court and the Crown Court can sentence a youth to a
DTO. The magistrates have no power to order a DTO E7.15
(ii) Correct. In this question, the only way that Julia can be committed to the Crown
Court for sentence is if she is found to be ‘dangerous’. (see also (iii) below) D24.56
(iii) Incorrect. Generally, the magistrates have power to commit a youth to the Crown
court for sentence if they are considered ‘dangerous’ OR if there is a real possibility
of a sentence over 24 months pursuant to s.91 PCC(S)A 2000. However, in this
question, s.91 does not apply as the maximum sentence for ABH is 5 years (not
14 years or more) and ABH is not an offence specified in s.91 itself (certain sex
offences). D24.56
(iv) Correct. D24.51
Page 31 of 78
Syllabus Section 21: Youth Courts and the appearance of youths in other courts
• 2. Procedure in the Youth Court D24.51

• 4. The sentences available to the Youth Court D24.56, E7.15

Page 32 of 78
3. You represent Joe, aged 15, who is charged with Causing Grievous Bodily
Harm with Intent (GBH) contrary to s18, Offences against the Person Act 1861 (a
‘serious specified offence’). He attends for his first hearing in the Youth Court. There
is no information at this stage that Joe is likely to be found dangerous. The maximum
sentence for GBH is life imprisonment.
What advice would you give Joe about the likely outcome in respect of where his trial
will take place?
[A] As he is charged with an indictable only matter, his case will be sent to the
Crown Court forthwith.
[B] The Youth Court will ask him to enter a plea and then send him directly to the
Crown Court for trial.
[C] The Youth Court will move directly to consider whether there is a real possibility
that a sentence of over 24 months will be imposed.
[D] The Youth Court will hold a plea before venue hearing and, then go on to
consider whether there is a real possibility of long-term detention.
ANSWER [D]
A youth will be sent forthwith to the Crown Court if charged with a homicide offence or with
certain offences to which a mandatory minimum applies. If charged with a ‘specified offence’
the court must consider if the youth is likely to be found dangerous and if they are, then they
must be sent to the Crown Court for trial.
If charged with an offence to which s91 applies (the offence would carry at least 14 years’
imprisonment in the case of an adult) or it is an offence specified in s91 (certain sex offences),
then a plea before venue will take place and the court will go on to consider whether there is
a real possibility of a sentence over 24 months/long-term detention. D24.19; D24.24; D24.27
[A] is wrong because the test is not whether the youth is charged with an indictable offence.

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[B] is wrong because this answer does not represent the complete picture. Where the youth
is not sent forthwith and is not likely to be found dangerous, the court must proceed to plea
before venue AND make a determination about whether long-term detention is a real
possibility.
[C] Plea before venue must take place first.
Syllabus Part 21: Youth Courts and the appearance of youths in other courts
• 2. Procedure in the Youth Court. D24.24

• 3. Circumstances in which a youth will appear in the adult magistrates’ courts and the
Crown Court, including reference to how the dangerous offender provisions apply to
youths D24.19, D24.27

Page 34 of 78
4. Jim, aged 18 and George, aged 14 have been charged with dwelling burglary.
Jim is charged with aiding and abetting George. They are currently at the police station
and a decision is being taken about where to send them for their first appearance in
court.
Which one of the following is CORRECT?
[A] Jim will make his first appearance in the magistrates’ court, but George must
make his first appearance in the Youth Court.
[B] Jim and George will both make their first appearance in the magistrates’ court.
[C] As the youth is charged as the principal offender and Jim is charged with aiding
and abetting the youth, the case must start in the Youth Court.
[D] As dwelling burglary is an either-way offence, both Jim and George will make
their first appearance in the magistrates’ court.
ANSWER [B]
“The youth’s first court appearance in respect of an offence will be in the Youth Court unless
the case is one of the exceptional ones where the first appearance is in the adult magistrates’
court. Those exceptional cases are where:
(a) the youth is jointly charged with an adult; or

(b) the youth is charged with aiding and abetting an adult to commit an offence (or vice
versa); or
(c) the youth is charged with an offence which arises out of circumstances which are
the same as (or connected with) those which resulted in the charge faced by the
adult.” D24.6
Exception (b) applies here.
[A] Incorrect. See [B] above.
[C] Incorrect. See [B] above.
[D] Incorrect. See [B] above. The classification of the offence is not the deciding factor.
Syllabus Part 21: Youth Court and the appearance of youths in other courts.
• 3. Circumstances in which a youth will appear on the adult magistrates’ courts and the
youths. D24.6

Page 35 of 78
5. Sadie, aged 16 has had a finding of guilt made against her in a Youth Court for
a single charge of Possession with intent to supply Class A drugs (heroin). The
maximum sentence that can be imposed in the case of an adult offender who is
convicted of the offence is life imprisonment.
Which ONE of the following statements is INCORRECT?
[A] The only way in which a youth can be committed to the Crown Court for
sentence after trial in the Youth Court is if they are deemed to be dangerous.
Therefore, Sadie must be sentenced in the Youth Court.
[B] Sadie can be committed to the Crown Court for sentence if a sentence of long-
term detention is deemed appropriate.
[C] The maximum sentence that can be imposed in the Youth Court is a 24 month
detention and training order.
[D] The maximum length of sentence that can be imposed on Sadie in the Crown
Court is the same as that for an adult offender.
ANSWER [A] is the incorrect statement, which is what the question asks you to identify.
A youth can be committed to the Crown Court for sentence where they are deemed to be
dangerous OR where a sentence of long-term detention is deemed appropriate (or where s4A
of the PCC(S)A 2000 applies). Answer [A] states that there is only one way that a youth can
be committed to the Crown Court for sentence. D24.56
[B] Correct. D24.56
[C] Correct. E7.18 (but only the minimum and maximum terms of a detention and training
order, not the periods in between)
[D] Correct D24.27

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Syllabus Part 21: Youth Court and the appearance of youths in other courts
• 3. The circumstances in which a youth will appear in the adult magistrates’ courts and
the Crown Court, including reference to how the dangerous offender provisions apply
to youths D24.27
• 4. The sentences available in the Youth Court. D24.56, E7.18 (but only the minimum
and maximum terms).

Page 37 of 78

YOUTH COURT AND YOUTH SENTENCING 2
1. Hamish, aged 16, is charged with Assault Occasioning Actual Bodily Harm (ABH). ABH
is a ‘specified offence’ and carries 5 years’ imprisonment in the case of an adult
offender. He appears in the Youth Court for his first hearing. At this stage, there is no
clear information that Hamish is likely to be found to be ‘dangerous’.
What is the Youth Court most likely to do?
[A] Send Hamish to the Crown Court forthwith, because he is charged with a
‘specified offence’.
[B] Since there is no clear information that Hamish is likely to be found to be

‘dangerous’, the court should instead consider whether there is a real possibility
that a sentence of over 24 months will be imposed.
[C] Proceed to trial in the Youth Court as there is no power to send the matter to
the Crown Court.
[D] Since, there is no clear information that Hamish is likely to be found to be

‘dangerous’, the Youth Court should try the case and rely on its power to
commit for sentence if appropriate.
ANSWER [D] Where a youth is charged with a ‘specified offence’ the Youth Court must
consider whether the youth is dangerous before sending the youth to the Crown Court. The
youth should be tried in the Youth Court unless it is clearly a case where the youth is likely to
be found ‘dangerous’. Where it is not clearly the case, the Youth Court should try the case and
rely on its power to commit for sentence if ultimately the youth is found ‘dangerous’. D24.38;
D24.40

Page 38 of 78
[A] Where a youth is charged with a ‘specified offence’, they are not sent for trial forthwith. The
court first has to consider whether the youth is likely to be found dangerous D24.38
[B] The Court would only consider long-term detention if ABH were an offence to which s91
PCC(S)A 2000 applied (at least 14 years imprisonment if he were an adult) or an offence
specified in s91 itself (an offence under the Sexual Offences Act). D24.27
[C] It is wrong to say that there is no power to send the youth to the Crown Court for trial in
these circumstances, because the Youth Court can send a youth who is found to be dangerous
D24.38
Syllabus Section 21: Youth Courts and the appearance of youths in other courts
• 3. circumstances in which a youth will appear in the adult magistrates’ courts and the
youths

Page 39 of 78
2. You represent Rosa, who appears for sentence in the Youth Court. Rosa has pleaded guilty to
theft of a piece of costume jewellery worth £25. She has no previous findings of guilt recorded
against her. Rosa’s offending appears to be out of character, she has a good school record and
a supportive family environment. Theft is punishable by imprisonment.
Which of the following is the most likely outcome for sentence?
[A] Rosa is likely to be referred to the youth offender panel.
[B] Rosa is likely to be sentenced to a conditional discharge.
[C] Rosa is likely to be sentenced to a Youth Rehabilitation Order with a fostering requirement.
[D] Rosa is likely to be fined.
ANSWER [A]
Although [B] a conditional discharge is a possibility, a referral order is more likely based on
the facts in the question. it is her first offence, she has pleaded guilty and it appears to be out
of character. The court is going to be keen to use the referral order to divert her away from
future offending.
[C] is unlikely, primarily because she has a supportive family environment. A YRO can impose
intensive supervision or fostering, but only if the offence is punishable by imprisonment and,
but for the availability of intensive fostering or supervision, a custodial sentence would be
appropriate. You are told that theft is punishable by imprisonment, but the offence is not going
to be viewed as so serious that a custodial sentence would be appropriate.
[D] a fine is unlikely in these circumstances given that she is a youth and that a referral order
is the better form of disposal.
Syllabus Part 21: Youth courts and the appearance of youth in other courts
• 4. The sentences available in the Youth Court. D24.96, E9.1-9.2, E10.1-10.4, E10.5

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3. Adam (11) and Barry (12) attend court for their first appearance in the Youth Court.
Depending on the charges and circumstances, which one of the following is

INCORRECT?
[A] In some cases the Youth Court must send the case straight to the Crown Court
without taking a plea.
[B] Where there are proceedings on indictment against a youth, the words
‘conviction’ and ‘sentence’ are used in court.
[C] The maximum term of detention and training order that can be imposed on
Barry is 24 months.
[D] Adam cannot receive a sentence of detention because he is under 12.
ANSWER [D] - remember you are asked for the incorrect answer.
[A] Correct. Where a youth is charged with a homicide offence or certain offences to which
mandatory minimums apply (e.g. Firearms offences), the youth is sent forthwith to the Crown
Court for trial D24.19.
[B] Correct. Compare this to proceedings in the Youth Court and magistrates’ court
D24.17.
[C] Correct. E7.18 (but only the minimum and maximum terms of a detention and training
order, not the periods in between)
[D] Incorrect. Adam can receive a sentence of s 91 long-term detention or s 90 detention

at H.M pleasure for murder or a sentence of detention under the dangerous offender
provisions. If the answer had said ‘Adam cannot receive a detention and training order’ it would
have been correct. E3.2
Syllabus Part 21: Youth courts and the appearance of youth in other courts
• 2. Procedure in the youth court D24.17 (except the last sub-paragraph)

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• 3. Circumstances in which a youth will appear in the adult magistrates’ court and the
youths. D24.19
• 4. The sentences available to the youth court. E7.18 (but only the minimum and
maximum terms)
Syllabus Part 24: Custodial sentences
• 4. Mandatory and minimum sentences (E3.1-3.2 - s 90 detention)

Page 42 of 78
4. Which one of the following statements is INCORRECT?
[A] Adam, aged 18, and Damien, aged 14, are jointly charged with assault
occasioning actual bodily harm. Adam is to be tried in the magistrates’ court.
The magistrates have a discretion whether to try Damien or remit him to the
magistrates’ court for trial.
[B] Marcia, aged 40 and Sarah, aged 17, are jointly charged with murder. Having
made their first appearance in the magistrates’ court, they must be sent to the
Crown Court for trial.
[C] Sanjay, aged 15, and Mark, aged 13, are charged with aiding and abetting
Luke, aged 20. They will all make their first appearance in the magistrates’
court, where the magistrates have a discretion whether to try all three of them
together.
[D] Stewart, aged 11, and Noor, aged 15, are jointly charged with murder. They
will make their first appearance in the Youth Court.
ANSWER: [A] – remember you are asked for the incorrect answer.
[A] Incorrect. As they are jointly charged they must be tried together in the magistrates’
court. D24.51
[B] Correct. Here we have an adult charged with a youth, so the court of first appearance
is the magistrates’ court. D24.6 As they are charged with a homicide offence, they will
be sent to the Crown Court forthwith. D24.24
[C] Where an adult and youth are charged with aiding and abetting or a related offence
and the trial of the adult is to take place in the magistrates’ court, the magistrates have
a discretion whether to try the youths alongside the adult. D24.51
[D] Where a youth is charged on their own or with another youth, the court of first
appearance is the Youth Court. D24.6

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Syllabus Part 21: Youth courts and the appearance of youths in other courts
• 2. Procedure in the youth court D24.51, D24.24

• 3. Circumstances in which a youth will appear in the adult magistrates’ courts and the
youths. D24.6

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5.
Jason, Jim and Barry, all aged 17, are jointly charged on indictment with burglary.
Jason has pleaded guilty to the burglary on the basis that he acted as get-away driver,
whilst Jim and Barry entered the building. The basis of his plea is that he was driving
the car around trying to keep the engine warm and to look for a lavatory for himself,
whilst the others were inside the building. He says that he only became aware at a late
stage that a burglary had taken place, that is to say, when Jim and Barry started to run
towards the car shouting at him to drive and removing balaclavas. Although he had
seen them leave the car with balaclavas, he says that it didn’t occur to him why they
might have them.
What is the judge most likely to do as regards sentencing Jason in this situation?
[A] Order a Newton hearing as there is a significant dispute of facts that is likely to
make a material difference to sentence.
[B] Reject the basis of facts and decline to hear evidence as Jason’s case is clearly
absurd.
[C] Refuse to accept Jason’s plea and empanel a jury to decide the issue of guilt.
[D] Proceed to sentence Jason on his version of events as the impact of the dispute
of facts on the eventual sentencing decision is likely to be minimal.
ANSWER [B]
Although answer [A] is a solution, as there is a significant dispute of facts that is likely to make
a material difference to sentence, the most likely outcome is that the court will decline to hear
evidence as Jason’s case is clearly absurd/obviously untenable/implausible, hence answer
[B].

Page 45 of 78
The impact of the dispute is likely to be more than minimal and so [D] is not the most likely
answer.
Jason is not disputing that he is jointly involved in the burglary and so it would be inappropriate
to reject his plea and empanel a jury to decide the issue of guilt, so answer [C] is not
appropriate.
D20.8-20.9 (see D20.9(14)(f) in particular), D20.20
Syllabus Part 22: Sentencing principles
• 5. Sentencing in the Crown court (note that the principles regarding Newton hearings
apply equally in the magistrates’ court)

Page 46 of 78

COMMITTAL FOR SENTENCE AND APPEALS FROM THE
MAGISTRATES’ COURT
1. Sofia, aged 22 is charged with Possession with intent to supply Heroin. You represent
Sofia at her first appearance in the magistrates’ court where she intends to plead guilty.
Which one of the following statements best describes the procedure that will be
followed in court?
[A] Sofia must be sentenced in the magistrates’ court, so the court will take her
plea and then adjourn the case for the preparation of a pre-sentence report.
[B] Sofia will be asked to confirm her name and address and the charge will be
read out. Sofia will then enter her plea and the case will be sent forthwith to the
Crown Court.
[C] Sofia will be asked to confirm her name and address and the charge will be
read out. Sofia will not enter a plea and the case will be sent forthwith to the
Crown Court.
[D] The magistrates will ask Sofia how she pleads and when she enters her guilty
plea, they will consider whether their sentencing powers are adequate.
ANSWER [D]
To answer this question, you need to know the classification of possession with intent to supply
a controlled drug (either-way). This is one of the classifications you need to memorise. If you
know the classification, then you also know that answers [B] and [C] are incorrect. An either-
way offence will not be sent forthwith to the Crown Court. An indictable-only offence will be
sent forthwith, without the need to take a plea. Since this is an either-way offence a decision

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will be taken about whether the sentencing powers of the magistrates are adequate. Self-
study session 2; D23.30.
Syllabus Part 1: Overview of criminal procedure
• 1. The classification of offences (see Self-study session 2)
Syllabus Part 4: Procedure in the magistrates’ courts, allocation for trial, and sending to the
Crown Court for trial or sentence
• 5. Committal for sentence D23.30

Page 48 of 78
2. Angelo is charged with dwelling house burglary. The magistrates decline jurisdiction
and Angelo is sent to the Crown Court for trial.
One week later, Angelo appears before the magistrates’ court charged with a further
dwelling house burglary that took place on the same day as the burglary that has
already been sent for trial. He pleads guilty to the latest charge of burglary.
Following his guilty plea and, at the time of committing Angelo for sentence under s 4
PCC(S) Act 2000, the magistrates state that in their opinion they could have committed
Angelo under s 3 PCC(S) Act 2000 in relation to the latest burglary.
What is the best advice to give Angelo about the sentencing powers of the Crown Court
in relation to the two charges of burglary?
[A] The Crown Court can sentence Angelo as if he been convicted on indictment
in relation to the burglary that was sent for trial, but is limited to six months’
imprisonment in relation to the burglary that was committed for sentence.
[B] Unless Angelo is convicted at trial, the Crown Court is limited to a maximum of
six months’ imprisonment in relation to the burglary that was committed for
sentence.
[C] The Crown Court can sentence Angelo as if he had been convicted on
indictment in relation to both charges of burglary.
[D] If Angelo is acquitted at trial, the burglary that was committed for sentence must
be remitted to the magistrates’ court for sentence.

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ANSWER [C]
Where a matter is committed for sentence under s 4 PCC(S) Act 2000, the Crown Court will
only have the powers of the magistrates’ court unless:
(a) The magistrates court states that is also had the power to commit under s 3; or
(b) The defendant is convicted of the offence for which he was sent for trial.
Here the magistrates state that they also had the power to commit under s 3, so irrespective
of the outcome of the trial they can sentence as if Angelo had been convicted on indictment
in relation to the burglary committed for sentence. D23.42
Syllabus Part 4: Procedure in the magistrates’ courts, allocation for trial, and sending to the
Crown Court for trial or sentence
• 5. Committal for sentence D23.42

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3. Monika is convicted in the magistrates’ court of Common Assault (maximum sentence

of six months’ imprisonment). She is sentenced to 4 months’ imprisonment. 28 days
following sentence, she tells you that she has a witness to support her account that
she acted in self-defence. The witness did not give evidence in the magistrates’ court.
Monika wishes to appeal against her conviction.
What is the best advice to give Monika?
[A] Monika will need to apply for an extension to time to appeal to the Crown Court.
If the extension is granted, she can call the witness to give evidence. If she is
found guilty in the Crown Court, she could receive a sentence of up to six
months’ imprisonment.
[B] Monika will need to apply for an extension of time to appeal to the Crown Court.
If the extension is granted, she can call the witness to give evidence, but since
she only wishes to appeal against conviction the Crown Court cannot interfere
with sentence.
[C] Monika is within time to appeal to the Crown Court, she can call the witness to
give evidence, but if she is found guilty in the Crown Court she could receive a
sentence of up to six months’ imprisonment.
[D] Monika is within time to appeal to the Crown Court, she can call the witness to
give evidence, but since she only wishes to appeal against conviction, the
Crown Court cannot interfere with sentence.
ANSWER [A]
The time limit for appeal from the magistrates’ court to the Crown Court against conviction or
sentence is 21 days from the date of sentence, so Monika needs to apply for an extension of
time (compare to the time limit for appeal from the Crown Court to the Court of Appeal – see
SG 11). D29.6
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The hearing in the Crown Court takes the form of a complete re-hearing, so fresh
Evidence can be adduced. D29.7
When appealing to the Crown Court against conviction in the magistrates’ court, the
Crown Court has the power to increase sentence, but not beyond the maximum
sentence that the magistrates could have passed (even if there is no appeal against
sentence). D29.10
Syllabus Part 27: Appeals from the magistrates’ court and from the Crown Court in its appellate
capacity
• 3. the procedure in the Crown Court for dealing with the appeal D29.6, D29.7
• 4. the powers of the Crown Court on appeal, including the power to increase sentence
D29.10

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4. You represent the Crown Prosecution Service in the magistrates’ court. The defendant
has pleaded guilty to Driving with excess alcohol, but is arguing that special reasons
exist as to why she should not be disqualified from driving. The arguments raised by
the defence do not, in your view, allow for a finding of special reasons. However, the
magistrates conclude that special reasons exist.
What is the most appropriate course of action for you to take?
[A] Appeal to the Crown Court.

[B] Appeal by way of case stated to the Divisional Court of the Queen’s Bench
Division.
[C] Make an application for judicial review.
[D] Appeal to the Court of Appeal Criminal Division.
ANSWER [B]
Appeal to the Crown Court is only available to a person who is convicted (so not available to
the prosecution), so [A] is wrong. D29.1
Appeal from the magistrates’ court lies to the Crown Court, not the Court of Appeal Criminal
Division (appeal to the Court of Appeal is available against sentence passed following
conviction on indictment or on committal for sentence – see SG 11), so [D] is wrong. D29.1
The prosecution can appeal by way of case stated or seek judicial review. However, since the
magistrates appear to have made a decision that amounts to an error in law, case stated is
more appropriate than judicial review. D29.38 (first sub-para only); D29.42
capacity
• 2. The general right of appeal from the magistrates’ court to the Crown Court. D29.1
• 5. Appeal to the High Court by way of case stated and by judicial review. D29.42
• 6. Appeals from the Crown Court D29.38 (first sub-paragraph)

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5. Last week you represented Maya in the magistrates’ court when she was found guilty
of Assault Occasioning Actual Bodily Harm. You returned to chambers this evening to
find a letter had arrived from the Crown Prosecution Service. The prosecution informs
you that they failed to disclose the previous convictions of the complainant prior to the
trial.
Maya claimed that she was acting in self-defence and has no previous convictions.
The complainant has three previous convictions for assault.
What is the best advice that you can give your instructing solicitors about how to
proceed on behalf of Maya?
[A] Apply for judicial review on the basis that there has been a breach of natural
justice.
[B] Appeal to the Crown Court as it will take the form of a complete re-hearing and
an application can be made to adduce evidence of the complaint’s previous
convictions.
[C] Apply to the magistrates’ court to have the conviction set aside, but stress that
the application must be made to a different bench.
[D] Apply to the magistrates’ court to have the conviction set aside so that the case
can be re-heard by a different bench.
ANSWER [D]
Both [A] and [B] are possible, but not the best advice in the circumstances.
The best advice is to apply to have the conviction set aside. D22.73 (save for the last sub-
para).
Since the error leading to the application was not caused by the magistrates, it is not
imperative that the application is made to a bench that is different to the one that convicted
Maya. D22.73
The application to set the conviction aside preserves more options for Maya. If the magistrates
refuse the application to set aside, that decision can be judicially reviewed. If the application

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to set aside is successful and Maya is again found guilty in the magistrates’ court, she still has
the option of appealing to the Crown Court. D29.1
capacity
• 1. The power of the magistrates to rectify mistakes D22.73 (save for the last sub-
para).
• 2. The general right of appeal from the magistrates’ court to the Crown Court. D29.1

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SMALL GROUP SESSION 9: INDICTMENTS
1. You act for the CPS in a case where the defendant faces two charges of sexual assault.
The offences took place in the same month against the same complainant. The
complainant cannot recall the precise dates of the sexual assaults but does recall that
they happened on separate dates in the last week of July 2019. When preparing the
case, you see that a draft indictment has been prepared:
COUNT 1
STATEMENT OF OFFENCE
Sexual assault, contrary to section 3 (1) of the Sexual Offences Act 2003.
PARTICULARS OF OFFENCE
A, on two dates unknown, sexually touched B without her consent not reasonably
believing that B consented.
Signature:
Officer of the Court
Date:
________________________________________________________________
What is the best course of action to take?
[A] The responsibility for the indictment is not yours but the CPS. However, you
should give advice to amend the draft indictment. Because the charges are for
the same offence and the complainant is the same for both charges, the
indictment can be left with one count. However, the dates in both counts should
be amended to read “on or about 24th July 2019”.

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[B] You should amend the draft indictment. There should be two counts as each
offence charged should be set out separately. The dates in both counts should
be amended to read “on or about 24th July 2019”.
[C] You should amend the draft indictment. There should be two counts as each
be expressed as ‘on a date unknown’ as the complainant cannot recall a
specific date.
[D] You should amend the draft indictment. There should be two counts as each
be amended: the first count to read “on or about 24th July 2019”and count two
to read “on a date other than the date in count 1”.
ANSWER [D]
The ultimate responsibility for the indictment rests with counsel for the prosecution who must
ensure that it is in proper form before arraignment.
Each offence charged should be set out in a separate count. Here, as there are two offences
charges, there should be two counts on the indictment.
Each count should state the date on which the offence occurred insofar that it is known. If the
exact date is not known, it is sufficient to state ‘on or about’ a specified date or ‘on a day
unknown’. Here, the complainant does not know the exact date but does recall the week in
which both offences are alleged to have taken place. Because the complainant states that
the offences took place on different dates (but both within the same week) the second count
should be drafted to reflect that with the words ‘on a date other than the date in count one’
Syllabus Part 6: Indictments
• 1. The indictment, including time limits and the structure and format of an
indictment.
BCP D11.6, D11.23, D11.28

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2. You are prosecuting a case of theft. It is alleged that the accused on numerous
occasions, over a period of one year, stole small items from the same supermarket.
However, your instructions state that, although it has been possible to identify the items
stolen, it is not possible to particularise the exact days on which the various thefts
occurred. You are asked to draft the indictment. Consider the possibilities below.
Which course of action would be INCORRECT?
[A] You could draft the indictment with several counts but the dates of each offence
will be expressed as ‘unknown’.
[B] You could draft a single ‘multiple offending’ count to reflect the overall
offending.
[C] You could draft one or more ‘specimen’ counts to reflect the overall criminality
of the alleged offending.
[D] You could draft a single count alleging that, ‘on a day within the year’ the
accused stole all the relevant property.
ANSWER [A]
The rule against duplicity requires that a count must allege that the offence occurred on one
day and not several days. However, there are circumstances where this is not appropriate.
Theft is not a continuous offence (unlike conspiracy). However, where the evidence is that the
accused, on numerous occasions over a lengthy period, stole small sums or items of property,
but it is impossible to particularise the exact days on which the appropriation occurred, it is
possible to draft the offence as follows:
(i) As a ‘multiple offending’ count. Thus answer [B] is correct as it is a possibility.

(ii) As specimen/sample count. Therefore answer [C] is correct as it is a possibility
(iii) As a continuous offence. Thus answer [D] is correct as it is a possibility.
This question is based on the particular example given in BCP at paragraphs D11.34 (from (c)
onwards and D11.35 (up to CrimPD II, para. 10A.11).
• 1. The indictment, including time limits and the structure and format of an indictment.
D11.32, D11.34 (from (c)), D11.35 (up to CrimPD II, paragraph 10A.11 at (d))
• 3. Rules relating to specimen counts D11.36

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3. Consider the following statements in relation to the general form of indictments.

(i) Each count should be numbered.
(ii) It should be clear what the prosecutor alleges against the defendant in the
particulars of offence.
(iii) If the offence is statutory, only the relevant statute need be identified in the
indictment but not the section or subsection contravened.
(iv) Each count should have a combined statement of offence and particulars of
offence.
Which ONE of the following is CORRECT?
[A] All the statements are correct.
[B] (i) & (ii) only are correct.
[C] (i), (ii) and (iii) are correct.
[D] (i), (ii) and (iv) are correct.
ANSWER [B] (i) & (ii) only are correct.
The basic requirements as to the layout of an indictment include:
Each count should be numbered. (i) is therefore correct.
The particulars of the offence should give ‘such particulars a may be necessary for giving
reasonable information as the nature of the charge’. (ii) is therefore correct.
The statement of offence describes the offence shortly in ordinary language and, if the offence
is statutory, should specify by section and subsection the provision contravened. As (iii) states
that only the statute need be citied and not the section and subsection, it is incorrect.
Each count should be divided into a statement of offence and particulars of offence. (iv) is
therefore incorrect.
• 1. The indictment, including time limits and the structure and format of an indictment
BCP D11.23

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4. You represent the prosecution in a case involving rioting against ten defendants. The
indictment was drafted by previous counsel in the case and involves a single count of
rioting with all ten defendants named in the count. You were instructed at the last
minutes when previous counsel fell ill. All evidence has been called and you are
preparing your closing speech. You realise that there are two errors in the indictment.
Firstly, the date stated in the indictment is not the date which has been stated by all
the prosecution witnesses. Secondly, evidence has arisen during trial that two of the
defendants had with them an offensive weapon when arrested by police. This evidence
was given by the officers during the course of examination in chief and was not in their
witness statements.
You wish to amend the indictment to reflect the correct date and add a second count
dealing with the offensive weapon charge. You make the application before you begin
your speech, in the absence of the jury.
What approach is the court most likely to take?
[A] An indictment can be amended at any stage in a trial, including the jury’s
deliberations. The judge will permit the application to amend as it will be made
before the jury return their verdict.
[B] The judge has the power to allow both amendments and can do so at this time.
However, it is likely that he will allow the date to be amended but not allow the
addition of a new count.
[C] The judge has the power to amend formal defects in the wording of the count.
As the application has been made before the end of the trial, this application
will be permitted. The judge does not have the power to allow an amendment
that is more substantial.
[D] Any amendment to an indictment must be made before the defendant is

arraigned.
ANSWER [B] The judge has the power to allow both amendments and can do so at this
time. It is likely that he will allow the date to be amended but not allow the addition of
a new count.
The power to amend indictments extends to both formal defects in the wording of a count AND
in respect of substantial defects such as divergences between the allegations in the counts
and the evidence foreshadowed in the material served. Therefore [C] is incorrect.
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An indictment can be amended at any stage in a trial – including after the jury have retired to
consider a verdict. Therefore [D] is incorrect.
An amendment may be made in respect of adding a new count to the indictment even where
the evidence for the count was not served on the defence. However, a judge in exercising this
discretion will need to consider whether the accused will be unfairly prejudiced by the
amendment. [A] is therefore possible but less likely than [B].
Given that the second proposed amendment involves the addition of a count, the evidence of
which was not evident for the papers, and all evidence has now been called, it is likely to be
refused. The amendment to the date does not cause this prejudice and would therefore be
allowed. [B] is therefore the most likely option.
• 6. Applications to amend indictments
BCP D11.99-100 & D11.103-104, first sub-paragraph of D11.105

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5. Save in cases where the draft indictment has been generated automatically on the
sending of the case for trial, a draft indictment should be served on an appropriate
officer of the Crown Court by which date:
[A] 28 days from the date of the defendant’s first appearance in the magistrates’
court.
[B] 28 days from the date on which the prosecution claim to have complied with
their duties of disclosure.
[C] 28 days from the date on which copies of documents are served where a
person is sent for trial under s51 CDA 1998.
[D] 28 days from the date on which proceedings were issued.
ANSWER [C] 28 days from the date on which copies of documents are served where a
person is sent for trial under s51 CDA 1998.
OR
A draft indictment should be served on an appropriate officer of the Crown Court within 28
days of a High Court judge consenting to the preferment of a voluntary bill of indictment.
• 1. The indictment, including time limits and the structure and format of the indictment.
BCP D11.8

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SMALL GROUP SESSION 10: CROWN COURT TRIAL
1. You represent the defendant who is currently on trial for two counts of Robbery. It is
2.55pm on Thursday afternoon. The jury have retired to consider their verdict. Only
twenty minutes has passed. The jury has sent a note to the judge. The note reads:
“Juror 1 needs to notify her husband that he will need to arrange childcare for tomorrow
afternoon as it is likely we will not agree a verdict today. At the present time, the jury are
split on both counts, 5:5 with 2 people undecided.”
What action should the judge take?
[A] The judge should state in open court the nature and content of the note and
seek the assistance of counsel.
[B] The judge should state in open court the nature and content of the note save
that he should not reveal the detail of the vote as such information should not
be disclosed.
[C] The judge can deal with the juror’s request without any reference to counsel
and without bringing the jury back into court. However, the judge should notify
counsel about the vote in open court.
[D] The judge can deal with the juror’s request without any reference to counsel
and without bringing the jury back into court. The judge should not disclose the
voting information.
ANSWER [D] The judge can deal with the juror’s request without any reference to
counsel and without bringing the jury back into court. The judge should not disclose
the voting information.
The jury are permitted to ask questions of the judge during their retirement and do so by
passing a note to the jury bailiff who takes it to the judge.
If the communication raised something unconnected with the trial, it can be dealt with without
reference to counsel and without bringing the jury back into court. Here, the first part of the
note is not connected with the trial and the judge can deal with it. Therefore [A] & [B] are
incorrect. Where the note raises a matter which is connected to the trial, the judge should state
in open court the nature and content of the note and if the judge considers it helpful, seek the
assistance of counsel. However, where the note discloses information which should not have

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been shared (as here – the voting figures) this should not be disclosed. Therefore [C] is
incorrect.
Syllabus Part 9: Jury Trial Procedure
• 6. Verdicts, including majority verdict and conviction of a lesser offence. BCP D19.18

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2. You represent the prosecution at trial. The defendant is charged with several counts
of indecent assault dating back 30 years. There are a number of complainants. The
jury have heard all the evidence and are currently deliberating. They have been
deliberating for over a week. The trial lasted three weeks. The judge has given a
majority direction. The judge is given a note from the jury stating that they are split 9:3
and will not be able to reach a majority. Unknown to the jury, this is a re-trial. The
defendant was previously tried on the same indictment and the jury were discharged.
What is the most likely course of action?
[A] The judge will permit more time for deliberation as the trial was lengthy.
[B] The judge will discharge the jury. You should advise against a second re-trial,
and offer no evidence against the defendant.
[C] The judge will discharge the jury. The defendant will be acquitted automatically
as this is the second re-trial.
[D] The judge will discharge the jury. You should advise that a third trial should
take place as this is good practice.
ANSWER [B] The judge will discharge the jury. You would advise against a second re-
trial & offer no evidence against the defendant.
If the jury cannot agree on a verdict, the judge discharges them from giving a
verdict. Although there is no set time that a judge should allow for deliberation, here the jury
have had a significant length of time and the jury have indicated that they will not be able to
reach a majority. This is why [A] is incorrect.
When a jury is discharged, the accused is not acquitted but may be tried by a different jury/ or
the prosecution can offer no evidence. This is why [C] is incorrect.
Whether to ask for a re-trial is in the discretion of the prosecution. Ordinarily, it is the practice
to have a retrial following the failure by on jury to agree but the prosecution would not usually
seek a third trial but instead offer no evidence. This is why [D] is incorrect and [B] correct.
• 6. Verdicts, including majority verdict and conviction of a lesser offence.
D19.90

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3. Victoria appears in the Magistrates’ Court charged with a number of offences:
(i) Robbery;
(ii) Taking a motor vehicle without the owner’s consent (a summary-only offence)
(iii) Assault P.C. (a summary-only offence, punishable with imprisonment)
All three offences arise out of the same incident. It is the prosecution’s case that Victoria
approached the complainant at a railway station platform. She demanded that the
complainant hand over her purse, phone and i-pad, and threatened the complainant with
a screwdriver. The complainant handed Victoria her bag, dropping her car keys as she
did so. Victoria took the bag and the keys and ran off towards the car park. She located
the complainant’s car and drove off. She abandoned the car and ran from a police
officer, who eventually caught up with her. Victoria hit the police officer in the chest. She
intends to plead not guilty to all matters. How will the offences be dealt with?
[A] The offences arises out of the same set of facts and therefore all the offences
will be heard together. The offences will all be sent to the Crown Court and will
be heard by a jury.
[B] The offence of Robbery and the offence of taking a motor vehicle will be sent
to the Crown Court and will both appear on the indictment to be heard by a
jury. The charge of Assault P.C. will remain in the magistrates’ court and will
be the subject of a separate trial.
[C] The offence of Robbery will be heard in the Crown Court on indictment. The
other two offences are summary-only and can only be dealt with by the
Magistrates’ Court.
[D] The charge of Robbery will be sent to the Crown Court. The offence of taking
a motor vehicle may be included in the indictment. These two counts will be
heard by a jury. The charge of Assault P.C. will also be sent to the Crown Court
but will be dealt with by the Judge at the conclusion of the trial on indictment.
ANSWER [D] The charge of Robbery will be sent to the Crown Court. Taking a motor
vehicle, may be included on the indictment. These two counts will be heard by a
jury. The charge of Assault P.C. will also be sent to the Crown Court but will be dealt
with by the Judge at the conclusion of the trial on indictment.

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• Robbery is an indictable only offence and therefore must be tried on indictment.

• Taking a motor vehicle without the owner’s consent is a summary offence and ordinarily triable
only
summarily.
• Assault P.C. is a summary offence and ordinarily triable only summarily.
However, the CJA 1988 s40 provides that where certain specified summary offences are
founded on the same facts as the indictable offence which has been sent for trial or form part
of a series of offences of the same or similar character, then the prosecution may include a
count for the summary offence on the indictment and, if the accused pleads not guilty, the
charge will be tried by a jury. Such offences include taking a motor vehicle without the owner’s
consent.
Summary offences which are not the subject of s40 (such as Assault P.C.) should ordinarily
be tried in the magistrates’ court. However, where the accused has been sent for trial in
respect of an indictable-only or an either-way offence, any summary offence which appears to
the court to be related, must be sent the Crown Court too. This is provided that the summary
offence is punishable with imprisonment or involves disqualification from driving.
Where a summary offence is sent to the Crown Court in this way, the original matters are dealt
with on indictment. If the accused is convicted of those offences, the Crown Court will ask the
defendant to enter a plea to the summary matter(s). If he pleads guilty, the Crown Court may
deal with the defendant as the magistrates’ court could have dealt with him. If he pleads not
guilty, it is potentially open to the Crown Court judge to try the case sitting as a District Judge.
Syllabus Part 4: Procedure in the magistrates’ court, allocation for trial and sending to the
Crown Court for trial or sentence.
• 7. The sending of linked summary only offences and the procedure for dealing
with them in the Crown Court BCP D6.38

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4. You represent Iqbal in the Crown Court. Iqbal is on trial for burglary. His defence is one
of alibi: at the time of the burglary, he was on the other side of the city with a group of
friends. You intend to call two witnesses to testify to this on Iqbal’s behalf. Which one of the
following statements about the procedure at the trial is CORRECT?
[A] You have the right to make an opening speech after the prosecution have given
an opening speech.
[B] As Iqbal is relying on the defence of alibi, he must give evidence.
[C] The defence witnesses should be called after Iqbal gives evidence.
[D] In your opening speech, you should only outline the case for the defence and
not comment on any of the prosecution evidence.
ANSWER [C] The defence witnesses should be called after Iqbal gives evidence.
The accused should normally be called before any other defence witnesses.
[A] If the defence intend to call evidence as to the facts of the case other than, or in addition
to, the evidence of the accused, defence counsel has the right to an opening speech at the
beginning of the defence case. Therefore [A] is incorrect. The possibility of the defence being
asked to clarify the issues after the prosecution opening speech should not be confused with
the making of an opening speech.
[B] Because the burden of proof is on the prosecution, the defence are never obliged to call
evidence, and, more particularly, the defence are not obliged to call the accused. Therefore
[B] is incorrect.
[D] In an opening speech, defence counsel may both outline the anticipated defence case and
criticise the evidence already given for the prosecution. Therefore [D] is incorrect.
• 4. Procedural steps in a jury trial, including the different ways in which evidence may be
presented or proved, dealing with points of law during the trial and submission of no case to
answer.
BCP D17.7-9, D17.12

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5. You represent a defendant at trial in the Crown Court. The indictment consists of one
count of robbery and one count of carrying an offensive weapon. The defendant was
bailed to attend court today. There has been no suggestion of the defendant breaching
bail. You have had a previous conference with the defendant and consider yourself fully
instructed. The plea is not guilty to both counts and you are to put the prosecution to
proof on both matters. The defendant does not attend court. The judge has other
matters in her list and gives you until lunchtime to update her. Neither you nor your
solicitors can ascertain his whereabouts. However, the solicitor did speak with the
defendant a few days ago when he causally said that he did not want to attend court and
saw no point in being there for the trial – “the lawyers could just get on with it”.
There are several witnesses for the prosecution who are at court, waiting to give
evidence. The advocate for the prosecution makes an application to proceed in the
absence of the defendant.
What is the judge most likely to rule?
[A] The judge will likely rule that the trial will proceed in the defendant’s absence
in the light of the fact that the defendant has deliberately absented himself from the trial and
you consider yourself fully instructed.
[B] The judge will likely rule that the trial should not proceed in the defendant’s absence due
to the serious nature of the offences.
[C] The judge will likely adjourn the matter until the next morning to enable further enquires
to be made of the defendant and his whereabouts.
[D] The judge will likely rule that the trial should not proceed due to the defendant not being
able to give his account of events.
ANSWER [A] The judge will likely rule that the trial will proceed in the defendant’s
absence in the light of the fact that you consider yourself fully instructed.
As a general principle, an accused should be present throughout his trial. The court must not
proceed with a trial if the accused is absent, unless the court is satisfied that he has waived
the right to attend and the trial will be fair despite his absence.
When considering whether to proceed in the absence of the accused, the trial judge should
consider (amongst other matters)

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• If he has deliberately/voluntarily absented himself from proceedings and thereby waived his
right to be present at his trial.
• The extent to which the absent accused’s legal representatives are able to present his
defence.
• The extent of the disadvantage to the accused in not being able to give his account of
events having regard to the nature of the evidence against him.
Here, the defendant is fully aware of his trial date. He has made it clear to his legal
representative that he has no intention of attending. Nothing would be achieved by the
judge allowing more time and adjourning the case to the following day. Therefore [C] is
incorrect.
The seriousness of the offence should not be considered as a determining factor. Therefore
[B] is incorrect.
Although one of the considerations for the trial judge is the extent to which the accused
would be disadvantaged by not being able to give his account of events, this is outweighed
in this case. Here, the defendant’s instructions are to put the prosecution to proof. It would
be unlikely therefore that there was an intention for him to give evidence. In any event, he is
still legally represented and you consider yourself fully instructed and therefore can continue
to act for him, in his best interests, despite the defendant being absent. Therefore [D] is
incorrect.
• 1. Proceeding in the absence of the defendant.
BCP D15.82, D15.84 and D15.85 (1) & (2)

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SMALL GROUP SESSION 11: APPEALS FROM THE CROWN

COURT
1. You represent Bianca, who has been convicted and sentenced to imprisonment by the
Crown Court. There were two counts on the indictment:
(i) Possession of an offensive weapon, of which the jury acquitted her.
(ii) Affray, during which the prosecution said Bianca threatened the victims with a
weapon. She was convicted on this count.
You have drafted grounds of appeal as you view the verdicts of the jury as inconsistent
and therefore wish to appeal against the conviction for affray.
The single judge refuses leave to appeal and indicates that the case is without merit.
What is the best advice for Bianca?
[A] It would be best not to pursue the appeal given the likelihood of a loss of time
direction.
[B] You should notify the intention to renew the application before the court as the
decision to direct loss of time is still a matter for the full court and is unlikely
given that Bianca is renewing the application on advice of counsel.
[C] As the single judge has refused leave, you cannot take the appeal further.
[D] You should ask the Criminal Cases Review Commission to refer the case back
to the Court of Appeal.
ANSWER [A] It would be best not to pursue the appeal given the likelihood of a loss of
time direction.
If the single judge refused leave to appeal, a renewed application for leave to appeal can be
heard by the court, comprising of at least two, but usually three judges. Therefore [C] is
incorrect.
The Court of Appeal may direct that all or part of the time an applicant for leave to appeal has
spent in custody since the commencement of the appeal proceedings shall not count in
relation to the sentence he is required to serve.

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Where the single judge has indicated that the application was without merit, the applicant must
expect that the Court will order that the time served should not count if the application for leave
is renewed unsuccessfully.
The fact that counsel or solicitors have associated themselves with a renewal, although
relevant, will not necessarily avoid a direction if there was no justification for continuing the
case. Therefore, although [B] is a possible view, the best and most realistic advice to give is
[A].
The Criminal Cases Review Commission may refer a conviction/sentence imposed to the
Court of Appeal. This happens where there is real possibility that the Court of Appeal will
quash the original conviction or sentence. That is not the situation here and so [D] is incorrect.
Syllabus Part 28: Appeals from the Crown Court
• 5. Renewal of application before full court after a refusal by single judge. D27.11
• 6. The power of the court to make a loss of time direction. D26.12

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2. You represent the prosecution in a case where the sentence of a defendant was
deemed unduly lenient and a reference was made to the Court of Appeal. The court
dismissed the case. The Court of Appeal has certified that the case does involve a
question concerning a point of law of general public importance, but has refused leave
to appeal. You disagree with the decision of the Court of Appeal to dismiss the appeal.
What should you do?
[A] There is no further action you can take as leave to appeal has been refused.
[B] You should apply for leave to the Supreme Court within 28 days of the Court of
Appeal refusing leave.
[C] You should refer the case to the Criminal Cases Review Commission.
[D] The prosecution cannot appeal against a decision of the Court of Appeal to the
Supreme Court.
ANSWER [B] You should apply for leave to the Supreme Court within 28 days of the
Court of Appeal refusing leave.
Either the prosecution or defence may appeal against a decision of the Court of Appeal to the
Supreme Court. Therefore [D] is incorrect.
A decision may only be appealed if the Court of Appeal or Supreme Court gives leave to
appeal. In addition, the Court of Appeal must certify that the appeal involves a question
concerning a point of law of general public importance.
If the Court of Appeal refuses to certify a question, this cannot be appealed. However, where
the Court of Appeal does certify a question but leave to appeal is refused (as here), you may
apply for leave to the Supreme Court within 28 days. Therefore [A] is incorrect & [B] is correct.
The Criminal Cases Review Commission refers convictions on indictment or sentences to the
Court of Appeal where there is a real possibility that the Court of Appeal will quash the
conviction/sentence. Therefore not applicable here and answer [C] is incorrect.
• 13. Appeals to the Supreme Court
BCP D30.1 & D30.3

Page 73 of 78
3. You represent Dylan who has, moments ago, been convicted of several counts of
possession with intent to supply heroin and cocaine. You cannot fault any decision
the trial judge made, including the admission of the defendant’s previous convictions
on the basis that these showed a propensity to commit similar offences. You made a
careful note of the judge’s summing up and believe it to be very fair.
When you discussed the admission of the bad character evidence with Dylan earlier
in the trial, you advised that a conviction was likely in this case. Dylan commented that
he thought the judge was biased and unfair. Dylan was adamant that this judge was
making decisions which were incorrect and needed to be appealed if he were
convicted. You were able to calm Dylan at this point and the case continued, although
he remained resolute in his views. The judge has indicated that he will sentence at
the end of the week.
What is the best action for you to take immediately?
[A] As your client has given you clear instructions that he wants to appeal, you
must follow these instructions and draft grounds of appeal even if this is
contrary to your advice.
[B] You should draft a written advice stating that there are no reasonable grounds
of appeal in this case.
[C] You should see Dylan in conference and orally express your view as to the
appeal and then subsequently confirm this advice in writing.
[D] You need only discuss the possibility of appealing the conviction once Dylan
has been sentenced.
ANSWER [C] You should see Dylan in conference and orally express your view as to
the appeal and then subsequently confirm this advice in writing.
Notice of appeal must be lodged within 28 days of either conviction or sentence, depending
on which is being appealed. When considering whether to appeal conviction, time runs from
the date of conviction and therefore counsel should be applying their mind to whether an
appeal is appropriate before sentence is passed. Therefore [D] is incorrect.
Counsel should not settle or sign grounds of appeal unless they are reasonable, have some
prospect of success and are such that s/he is prepared to argue before the court – they should
not be drafted simply because the lay client instructed counsel to do so. Therefore, drafting

Page 74 of 78
grounds of appeal which you believe are not arguable and without merit, just because Dylan
instructs you, would be wrong. Therefore [A] is incorrect.
Counsel is encouraged in the event of a conviction to act promptly – following the

conclusion of the case, counsel should see the convicted accused and should advise orally
on the prospect of a successful appeal against conviction. Although you expressed a view
earlier in the case, this may have changed and, in any event, should be reiterated to the
client now the case has concluded.
If there are no reasonable grounds to appeal, this should be confirmed in writing and a
copy should be provided to the lay client as soon as practicable. Therefore, the action
suggested in [B] is correct but it should be done following conference explaining this to the
client.
• 4. The procedural requirements for applying for leave, including the practical steps that
counsel should take when advising and preparing grounds of appeal.
BCP D27.1, D27.3 & D27.8

Page 75 of 78
4. You are instructed on behalf of Tara, who has been convicted and sentenced for
offences of fraud. Having been convicted, the case was adjourned for some weeks for
a Pre-Sentence Report. Tara was sentenced exactly four weeks ago and received a
significant custodial sentence. Solicitors have asked your advice regarding whether
Tara could apply for leave to appeal her conviction. There is no explanation as to why
no one has been asked to advise until now. Your view is that there is compelling
evidence that was not heard by the jury which, in your view, means there is a real
possibility that the Court of Appeal would quash the conviction.
What advice should you give your solicitors?
[A] The time period for lodging the notice of application for leave to appeal has
expired. There is nothing that can be done.
[B] The time period for lodging the notice of application for leave to appeal has
expired. As there is no good reason to account for the delay in making an
application, you should advice that a reference to the Criminal Cases Review
Commission be made, given your view that there is a real possibility that the
conviction would be quashed.
[C] The time period for lodging the notice of application for leave to appeal has
expired. You should make an application to extend the period.
[D] The time period for lodging the notice of application for leave to appeal has not
expired. You should make an application for leave to appeal.
ANSWER [C] The time period for lodging the notice of application for leave to appeal
has expired. You should make an application to extend the period.
The time period of lodging the notice of application for leave to appeal conviction is 28 days
from conviction. Here, Tara was sentenced 28 days ago but the question specifies that she
was convicted some time before that. Hence, [D] is incorrect as the time to apply for leave
has expired.
However, the 28 day period may be extended either before or after its expiry. This is why [A]
is incorrect.
Ordinarily, an application to extend the time limit should be supported with reasons as to why
the application or notice was not served in time. However, the Court of Appeal will allow an
extension even where the period of delay is inordinate and unexplained. This would be

Page 76 of 78
appropriate where the appeal has merit, and the refusal might lead to a reference to the CCRC
which would involve delay and costs. Therefore, although [B] is possible, given your view of
the chances of success, it is likely that this case could fall into one of these exceptions and
therefore [C] is the best advice.
• 4. The procedural requirements for applying for leave to appeal, including the practical
steps that counsel should take when advising and preparing grounds of appeal
• 12. The Criminal Cases Review Commission
BCP D27.3, the first sentence of D27.12, D28.9

Page 77 of 78
5. You represent Coleen who has been convicted after trial on charges of perjury and
perverting the course of justice. You applied for, and subsequently were granted, leave
to appeal against the conviction on grounds that the judge admitted evidence into the
trial she should not have and that the summing up contained several misdirections on
the law. The Court of Appeal have just heard your submissions and have indicated
they agree that there were several errors of law and some material irregularity. What
does this mean for the prospects of appeal for Coleen?
[A] As the court have indicated that they agree that there has been some material
irregularity, Coleen’s conviction will be quashed.
[B] As the court have indicated that they agree that there has been some material
irregularity, Coleen’s conviction will be quashed if the court believes it is in the
interests of justice to do so.
[C] As the court have indicated that they agree that there has been some material
irregularity, Coleen’s conviction will be quashed if the court believes those
irregularities to be manifestly excessive.
[D] As the court have indicated that they agree that there has been some material
irregularity, Coleen’s conviction will be quashed if the court believes that, as a
result, the conviction is unsafe.
ANSWER [D] As the court have indicated that they agree that there has been some
material irregularity, Coleen’s conviction will be quashed if the court believes that, as
a result, the conviction is unsafe.
The Court of Appeal shall allow an appeal against conviction if they are of the view that the
conviction is unsafe.
It is possible for the court to find there has been some material irregularity and for the appeal
to be dismissed if the conviction is nonetheless safe.
• 8. The principles the Court of Appeal will adopt when determining appeals against
conviction and sentence.
BCP D26.15-16

Page 78 of 78

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CRIMLIT-03-1920-50 SBA REVISION DOC-QA

BAR PROFESSIONAL TRAINING COURSE

QUESTIONS AND ANSWERS

© City, University of London 2020

SG Session / Topic Page No

SG 2: Bail & Disclosure 3-8

SG 3: Plea Before Venue, Allocation (Mode of 9-15

SG 4: Adult Sentencing 1 16-23

SG 5: Adult Sentencing 2 24-29

SG6: Youth Court & Youth Sentencing 1 30-39

SG7: Youth Court & Youth Sentencing 2 40-50

SG8: Committal for Sentence & Appeals from the 51-59

SG9: Indictments 60-66

SG10: Crown Court Trial 67-74

SG11: Appeals from the Crown Court 75-82

© City, University of London 2020

SMALL GROUP SESSION 2: BAIL & DISCLOSURE

[A] Bill must be released on bail if he is not charged.

2. Where a person is arrested, which ONE of the following is NOT correct?

Syllabus Section 2: Preliminaries to Prosecution

© City, University of London 2020

© City, University of London 2020

Syllabus Section 2: Preliminaries to Prosecution

© City, University of London 2020

4. Consider the following statements regarding the content of a written charge or

(i) It must contain a description of the offence in ordinary language.

Which of the following is CORRECT?

[A] All of the above statements are correct.

[B] (ii), (iii) and (iv) are correct.

[C] (i), (iii) and (iv) are correct.

[D] (i), (ii) and (iii) are correct.

Syllabus Part 2: Preliminaries to Prosecution

5. Today is Thursday. Felix represents the prosecution at a first appearance in the

Syllabus Part 3: Bail & Remands

SMALL GROUP SESSION 3: Plea Before Venue, Allocation (Mode of

1. Harriet is charged with Dangerous Driving, an either-way offence, and seeks an

© City, University of London 2020

[A] Incorrect. See [C] above.

[B] Incorrect. The magistrates court may give indications of sentence.

[D] Incorrect. See [C] above

Syllabus 4: Procedure in the Magistrates’ Court

BCP D23.35 & D6.12

© City, University of London 2020

(i) advising the magistrates on questions of mixed law and fact;

(ii) advising the magistrates on matters of practice and procedure;

(iv) assisting the court in the formulation of its reasons.

[A] (i) & (ii) only

[B] (i), (ii) & (iii) only

[C] (ii), (iii) & (iv) only

[D] All of the above.

ANSWER [D] All of the above.

Syllabus Part 8: Summary Trial Procedure.

• 4. Procedural steps in a summary trial, including role of the legal adviser

© City, University of London 2020

[A] Adjourn the hearing. The defendant needs to be present in court to be

[B] Proceed to sentence if it is not contrary to the interests of justice to do so.

[C] Proceed to sentence if the defendant consents.

Syllabus Part 4: Procedure in the magistrates’ court