Court Proceedings: Suspended Sentence and Bail Applications, Exams of Law

Download Court Proceedings: Suspended Sentence and Bail Applications and more Exams Law in PDF only on Docsity! CRIMINAL LITIGATION Final Exam Questions and Answers Latest Versions 2024 QUESTION 1 Dennis Wise has been arrested for possession of a controlled drug (cocaine) with intent to supply, which is an indictable offence. His detention for questioning at Gladbury Police Station has been authorised by the Custody Officer. Which one of the following statements is INCORRECT? 1. [A] Dennis Wise can only be detained for a maximum of 24 hours without charge and this limit cannot be extended under any circumstances; INCORRECT, further detention may be authorised by an officer who holds the rank of Superintendent or above (see s42(1) PACE 1984) to a maximum of 36 hours. After that, a magistrates’ court may issue warrants of further detention for a total of up to 96 hours see s43(1) & (12) and s44(1) & (3) PACE. [BCP 2018 D1.67] 2. [B] Dennis Wise can be detained for up to 36 hours without being charged if authorised by an officer holding the rank of Superintendent or above who believes that the Investigation is being conducted diligently and expeditiously; CORRECT see s42(1) PACE 1984. [BCP 2018 D1.67] 3. [C] Dennis Wise can be detained for up to 96 hours without being charged if authorised by a magistrates’ court who find that there are reasonable grounds for believing that further detention is justified; CORRECT see s43(1) & (12) and s44(1) & (3) PACE 1984. [BCP 2018 D1.67] 4. [D] If the detention time limit expires, and Dennis Wise is released without charge, he may not be rearrested without warrant unless new evidence justifying further arrest has come to light since the original arrest. CORRECT see s.43(19) PACE 1984. [BCP 2018 D1.67] QUESTION 2 Lucy (aged 14) is a ‘looked after child’. She is in the care of the local authority and wishes to have no contact with her parents. She has been arrested on suspicion of stealing make-up worth hundreds of pounds. She is taken to the local police station and booked in by the custody sergeant. The police want to interview her as soon as possible but are required under PACE 1984 to secure the attendance of an appropriate adult. Who is able to attend the police station and act in Lucy’s best interests as her appropriate adult? [A] Lucy’s estranged mother [B] Lucy’s solicitor [C] Lucy’s social worker [D] Lucy’s younger brother ANSWER [C] Lucy’s social worker. QUESTION 3 Tina is charged with an offence of common assault, the allegation being that she assaulted an elderly lady in her care. The date of the alleged offence is 5 January this year. Your instructing solicitor rings you to find out what the time limits are for starting the prosecution of Tina’s case. How should you advise the solicitor in this case? [A] There is no time limit within which proceedings must be started. [B] There is a time limit of 6 months from the date when the offence was allegedly committed. [C] There is a time limit of 9 months from the date when the offence was allegedly committed. [D] There is a time limit of 12 months from the date when the offence was allegedly committed. ANSWER [B] There is a time limit of 6 months from the date when the offence was allegedly committed. QUESTION 8 Ned stands charged with rape and manslaughter, which are both offences to which s.25 of the Criminal Justice and Public Order Act 1994 applies. Can Ned be granted bail? [A] He cannot be granted bail. [B] He cannot be granted bail unless there are exceptional circumstances. [C] He cannot be granted bail if he has any previous convictions for offences to which s.25 applies. [D] He cannot be granted bail if he has any previous convictions for offences to which s.25 applies unless there are exceptional circumstances. ANSWER [D] He cannot be granted bail if he has any previous convictions for offences to which s.25 applies unless there are exceptional circumstances. QUESTION 9 Olive (aged 24) is charged with assaulting a police officer in the execution of his duty. She pleads not guilty in the Magistrates’ Court, and the matter is listed for trial. Olive has made two fully argued applications for bail in the Magistrates’ Court, both of which have been refused. There has been no material change in her circumstances, and no new information that she can put before the Court, since her last application. What should Olive do if she wishes to obtain bail? [A] Apply for bail to the Crown Court. [B] Apply for bail to the County Court. [C] Appeal to the Court of Appeal against the refusal of bail. [D] Make another application for bail at the Magistrates’ Court. ANSWER [A] Apply for bail to the Crown Court QUESTION 10 Which of the following defendants does NOT have a presumption in favour of bail? 1. [A] Ben who attends his First Hearing in custody, charged with burglary. 2. [B] Henry who has pleaded guilty to an offence of affray, and been committed to the Crown Court for sentence. [CORRECT ANSWER – s.4 Bail Act 1976 sets out those persons to whom the presumption applies: it applies to [A], [C] and [D]. A person who has been committed for sentence to the Crown Court is not a person to whom it applies. See BCP 2018, D7.6] 3. [C] Jane who has been brought before the court for alleged breach of a community order. 4. [D] Curtis who has been convicted after trial for common assault, and whose case has been adjourned for a pre-sentence report to be prepared. QUESTION 11 Roberta (aged 26) is charged with burgling the home address of her previous foster carer. She has 2 previous convictions for burglary (2015 and 2016), a conviction for fraudulently claiming housing benefit in 2016, and a number of convictions for absconding. She was taken into foster care at the age of 14 and has lived an itinerant lifestyle all her adult life. She is unemployed, and is currently living on a friend’s sofa. At the First hearing, the magistrates’ court allocated the burglary to the Crown Court for trial. Her solicitor made an application for bail, which was refused. She now wishes to apply to the Crown Court for bail. Assume that the correct procedure has been complied with. Which of the following is NOT a ground for withholding bail? 1. [A] Roberta need not be granted bail if the court has substantial grounds for believing that she would commit further offences if released on bail (unless there is no real prospect that she will be sentenced to a custodial sentence in the proceedings). [This is a proper ground for withholding bail: BCP 2018, D7.12 & D7.15] 2. [B] The nature and seriousness of the offence and probable method of dealing with Roberta for it. [CORRECT answer – this is a factor in deciding whether the grounds for objection are made out, not an objection per se. See BCP 2018, D7.16 & D7.17] 3. [C] Roberta need not be granted bail if the court has substantial grounds for believing that she would fail to surrender to custody if released on bail (unless there is no real prospect that she will be sentenced to a custodial sentence in the proceedings). [This is a proper ground for withholding bail: BCP 2018, D7.12 & D7.15] 4. [D] Roberta need not be granted bail if the court is satisfied that she should be kept in custody for her own protection. [This is a proper ground for withholding bail: BCP 2018, D7.26] QUESTION 14 Assume that Little was remanded in custody at the First Hearing. How many days can he be held in custody until his trial? Which of the following statements is CORRECT 1. [A] Custody time-limit between Section 51 sending of an indictable only matter to the Crown Court and the start of the trial - 182 days (Reg. 5(6)(b)). This begins from the date of the First Hearing in the magistrates’ court. 2. [B] Custody time-limit between Section 51 sending of an indictable only matter to the Crown Court and the start of the trial - 182 days (Reg. 5(6)(b)). This begins when Little is sent under Section 51 to the Crown Court. 3. [C] Custody time-limit between Section 51 sending of an indictable only matter to the Crown Court and the start of the trial - 182 days (Reg. 5(6)(b)). Subtract from this any time during which the defendant was in the custody of the magistrates’ court. [CORRECT as per Regulation 5(6B) Prosecution of Offences (Custody Time Limits) Regulations 1987. See BCP 2018, D15.15. [A] and [B] misstate this rule, and [D] sets out the custody time limit between First Hearing and summary trial, which cannot apply here] 4. [D] This case is in the magistrates’ court, so the custody time limit is 56 days. QUESTION 15 Ryan May is charged with murdering his hairdresser. He wants to make a bail application. He has a previous conviction for rape. Which of the below is the single best answer? 1. [A] Ryan may not be granted bail unless there are exceptional circumstances to justify it. [CORRECT: This is the single best answer as he has a previous conviction for rape. The application must be heard by a Crown Court judge but the test at [D] is not correct. See BCP 2018, D7.4 & D7.8] 2. [B] These matters are too serious, Ryan cannot make a bail application. 3. [C] If the rape case was over twenty-five years ago, Ryan can make a bail application and the right to bail is unchanged. 4. [D] If a Crown Court Judge hears the case, Ryan will be granted bail, subject to satisfying one of the ‘big 3’ grounds. QUESTION 16 Malcolm is awaiting trial for possession of Class A drugs with intent to supply, arising from his alleged drug dealing at Jesters nightclub in Gladbury. He is of limited means and has been homeless in the past. He currently lives with his partner. He has a previous conviction for the same, and has failed to surrender in the past. Which of the below conditions would be best to support his application for bail? 1. [A] Malcolm could surrender his passport. 2. [B] Malcolm could agree not to go within 1 mile of a school. 3. [C] Malcolm could agree to not contact his partner whilst on bail. 4. [D] Malcolm could agree to a curfew at his place of residence is the single best answer. [CORRECT: [A], [B] and [C] would fail to meet the test of ‘necessity’. See BCP 2018, D7.49] QUESTION 17 Wendy is charged with Criminal Damage of a Motor Car valued at £ 6,000.00. She will plead not guilty. Which one of the following is CORRECT? 1. [A] She must be tried at the Crown Court. [INCORRECT: The court will undertake the Mode of Trial procedure to determine whether she will be tried in the Magistrates court or Crown court] 2. [B] She must be tried at the Magistrates’ Court. [INCORRECT: The court will undertake the Mode of Trial procedure to determine whether she will be tried in the Magistrates’ Court or Crown court] 3. [C] The magistrates may try her case, but can only sentence her to a maximum of three months’ imprisonment. [INCORRECT: Since the value of the criminal damage is £6000, it exceeds the ‘relevant sum’ and renders it an either-way offence - so it is correct that magistrates ‘may’ try her case if after mode of trial the case is suitable for summary trial and the defendant consents to summary trial. The reason this answer is incorrect is because as an either way offence the maximum sentence in the magistrates’ court would be 6 months’ imprisonment and not 3 months as stated] 4. [D] The magistrates may try her case, but can only sentence her to a maximum of six months imprisonment. [CORRECT: See [C] above. BCP 2018, D6.24] QUESTION 18 Helen is charged with Theft. The allegation is that she stole a dress worth £199 from a local boutique. She denies the charge, and is keen to be tried by a jury. Which one of the following is CORRECT? 1. [A] If the magistrates decide Helen’s case should be heard in the magistrates’ court then she and the prosecution have no choice in the matter. [INCORRECT: If the magistrates consider the matter is suitable for summary trial (SST) then Helen may still elect Crown Court trial. It is only when the magistrates decide that her case should be heard in the Crown Court (not suitable for summary trial NSST) that the defendant has no choice and must be tried at the Crown court. The prosecution can only make representations to the court as to the appropriate venue for trial and cannot consent or elect as a defendant can] 2. [B] If the magistrates decide Helen’s case should be heard in the Crown Court then she and the prosecution will have no choice in the matter. [INCORRECT: the value of the item stolen renders this a ‘low value shoplifting (under £200) and therefore a summary only offence which the magistrates have no power to send to the Crown court. BCP 2018, D6.29] 3. [C] If the prosecution decide Helen’s case should be heard in the Crown Court then she and the magistrates have no choice in the matter. [INCORRECT: - See [A] above - It is the magistrates who make the initial decision whether to accept jurisdiction; the prosecution can only make representations] 4. [D] If Helen decides her case should be heard in the magistrates’ court then she can insist on the matter being heard there and the magistrates have no choice in the matter. [CORRECT: As this is an offence of ‘low value shoplifting’ it is treated as summary only unless the Defendant elects Crown Court trial. BCP 2018 D6.29] QUESTION 21 Iqbal is charged with Assault occasioning Actual Bodily Harm. The alleged facts are that he assaulted his wife, Rita, during a domestic argument, by hitting her in the face and head, causing significant bruising. Neighbours called the police after hearing screaming from Rita. Iqbal left the house, got into his car and drove away. He was stopped by police. It transpired that Iqbal was disqualified from driving some months previously. He was arrested for ABH and driving whilst disqualified. Iqbal was remanded into custody and appeared before the Magistrates the following morning. Which of the following is the best advice to give to Iqbal as to what will happen to his case. 1. [A] The ABH matter will be sent to the Crown Court. The Driving whilst Disqualified matter can be adjourned until the ABH matter is resolved and dealt with by the Magistrates’ Court thereafter. [INCORRECT – As an either-way offence the ABH matter will not necessarily be heard in the Crown Court and therefore Plea before Venue and Mode of Trial will need to be determined by the court] 2. [B] Both the ABH matter and the Driving Whilst Disqualified matter will be heard in the magistrates’ court, but they will be dealt with separately. [INCORRECT – On the facts it is unlikely that the two matters will be severed, as they arise out of the same facts] 3. [C] If Iqbal elects Crown Court trial or the Magistrates’ decline jurisdiction, the driving whilst disqualified matter can be sent to the Crown Court under s.40 CJA 1988 for trial on indictment alongside the ABH matter. [CORRECT – Driving whilst disqualified is an offence listed in s.40 CJA 1988 and therefore can be sent for trial on indictment with the ABH. See BCP 2018, D6.40] 4. [D] Both the ABH matter and the Driving Whilst Disqualified matter will be heard in the Crown Court and dealt with together. [INCORRECT – The ABH may be dealt with in the magistrates court or the Crown court. Furthermore there is insufficient detail in this statement as it fails to justify the decision to send a summary only offence to the Crown Court. [C] above sets out correct law] QUESTION 22 Consider the following statements regarding the attendance of the defendant at First Hearing. Which is INCORRECT? 1. [A] A defendant who is in custody at a police station may attend the hearing via ‘live link’. Where this happens, the defendant is treated as being present. [CORRECT. This practice is encouraged in CrimPR 3.2(4) too. See BCP 2018 Supplement 1, R-8 and BCP 2018, D5.38] 2. [B] The defendant must be present for Plea before Venue for an either way offence, so if he behaves in a disorderly way and cannot remain in court, the case will have to be adjourned. [INCORRECT. The correct position is set out in [D] below]. 3. [C] Where a defendant appears via live link, and pleads guilty to an offence, the court may proceed to sentence if it is in the interests of justice. [CORRECT per s.57D(2) CDA 1998. See BCP 2018, D5.41] 4. [D] The defendant must be present for Plea before Venue for an either way offence. However there is an exception to this rule where the defendant is legally represented and has behaved in such a disorderly way that the considers that it is not practicable for proceedings to be conducted in his presence and the court considers that it should proceed in his absence. [CORRECT per s.17B MCA 1980. See BCP 2018, D6.9] QUESTION 23 Lily is charged with using a firearm to resist arrest (an indictable only offence). She appeared at the Magistrates’ Court in relation to that offence and was sent to the Crown Court. The police continue with the investigation and subsequently charge her with affray (an either-way offence) as it is alleged that she brandished the gun prior to her arrest. She now makes her first appearance at the Magistrates’ Court in respect of this offence of affray. She wants to know if she can stay in the Magistrates’ Court for this matter. What is the most appropriate advice to give her? [A] That even though the offences are related, the allocation procedure should still take place. [B] That the Magistrates must offer her a choice of courts, although she will be able to argue to remain in the Magistrates’ Court. [C] That the offences are not linked as they occurred separately to each other and she should get a choice of courts. [D] That the Magistrates have to send her to the Crown Court as the new offence is linked to the indictable offence. QUESTION 24 Rupert (aged 24) is charged with theft. He is due to be tried in the Magistrates’ Court. The date for trial was fixed one month ago at a hearing attended by Rupert. When the matter was adjourned, Rupert confirmed to the Magistrates that he understood he had to return for his trial and that he knew when and where it would take place. However, he fails to appear for his trial. When enquiries are made as to his whereabouts, Rupert states that he “can’t be bothered to come to Court today”. What immediate action are the Magistrates most likely to take in relation to the charge of theft in Rupert’s absence? [A] Adjourn the trial to another day. [B] Issue a warrant for Rupert’s arrest. [C] Proceed with the trial in Rupert’s absence unless it appears to the Court contrary to the interests of justice to do so. [D] Exercise their discretion to dismiss the charge against Rupert. ANSWER [C] Proceed with the trial in Rupert’s absence unless it appears to the Court contrary to the interests of justice to do so. SUMMARY TRIAL QUESTION 28 You are prosecuting Robert Jardine, aged 18, who is charged with a single offence of shoplifting. You attend the magistrates’ court for the trial which is due to start at 9.30am and your witnesses are present. You are ready to begin your case. However, the court usher calls for the case to be called on and it becomes clear that the defendant has not attended. When the magistrates come into court at 9.30am the legal advisor informs them that the defendant is absent and that no communication has been made to the court regarding his absence or any reason for it. He also confirms to the satisfaction of the court that the defendant was previously given adequate notice of the date of this trial and that the written charge and requisition was served on him a reasonable time before the hearing. Which of the following MOST ACCURATELY describes what you should do in these circumstances (please note that this question does not include any consideration of the position regarding bail): 1. [A] You should apply to adjourn the case to the next available trial date to allow the defendant to attend. 2. [B] You should apply to adjourn the case until the afternoon so that you can make further enquiries as to where the defendant might be. 3. [C] You should commence the trial and open your case to the magistrates. 4. [D] You should apply to try the defendant in his absence with a view to proceeding to trial that morning. [D] You should apply to try the defendant in his absence with a view to proceeding to trial that morning. By s. 11(1) of the Magistrates’ Courts Act 1980 the court must try an absent defendant who is 18 or over unless it appears to the court to be contrary to the interests of justice to do so. Section 11(2A) MCA provides that the court shall not proceed in the defendant's absence if it considers that there is an acceptable reason for his failure to appear (none has been forwarded to the court here), but (s 11(6)) the court need not enquire into the reasons for the accused's failure to appear. BCP 2018 D5.43, D22.13] QUESTION 29 Duncan is charged with dwelling house burglary. He is further charged with the summary offence of driving while disqualified, as he allegedly stole the Complainant’s car during the course of the burglary. Duncan is to be sent to the Crown Court for trial on the burglary charge. Should the Prosecution include a count of driving while disqualified on the indictment? [A] The Prosecution are obliged to include a count of driving while disqualified. [B] The Prosecution may include a count of driving while disqualified. [C] A count of driving while disqualified cannot be included in the indictment. [D] The driving while disqualified charge must be adjourned indefinitely. ANSWER [B] The Prosecution may include a count of driving while disqualified. Indictment - Section 40 offences QUESTION 30 James and Rose are co-accused and facing a joint trial. The indictment includes a joint count against both Defendants of armed robbery (Count 1), a separate count of attempted arson against James only (Count 2) and a count of possession of an illegal firearm against Rose only (Count 3). James wants to give evidence at trial in respect of Count 1, but is not at present willing to answer questions relating to Count 2. His aim is to use a ‘cut throat defence’ on Rose in respect of the armed robbery. Rose gave inconsistent statements in respect of the armed robbery charge, giving rise to evidence which is admissible against her, but not against James. Rose has instructed that she will be giving evidence on Counts 1 and 3 at trial. Which basis for an application to sever the indictment and order separate trials of James and Rose is most likely to succeed? [A] That the Defendants are likely to accuse each other in respect of Count 1. [B] That James wishes to give evidence only on Count 1 and not on Count 2. [C] That evidence admissible against Rose will prejudice James. [D] That James and Rose are facing separate charges on the indictment. ANSWER [D] That James and Rose are facing separate charges on the indictment. INDICTMENT QUESTION 31 In preparation for a trial on indictment, the Prosecution serves a statement of a witness on the defence pursuant to s.9 Criminal Justice Act 1967. You are defending and do not wish to agree the evidence as it is contrary to the defence case. What is the most appropriate action for you to take? [A] Make an application to exclude the evidence, which will be heard at a voir dire. [B] Serve notice on the Prosecution objecting to the statement being read. [C] Not take any action as the Prosecution are required to have all relevant witnesses at the trial. [D] Not take any action as you will be able to call evidence to contradict the disputed evidence. ANSWER [B] Serve notice on the Prosecution objecting to the statement being read. INDICTMENT QUESTION 32 You are acting for the CPS in the case of Mark and Steven, who have both been charged with dwelling house burglary. You have reviewed the CCTV evidence, which clearly shows Mark acting as a lookout while Steven enters the premises and removes the goods. The CPS solicitor asks you to draft the indictment. How should the indictment be drafted? [A] Mark and Steven should face separate counts for burglary. [B] Mark and Steven should face a joint count of burglary. [C] Only Steven should be indicted for burglary. [D] Mark and Steven should face a joint count of conspiracy to burgle. ANSWER [B] Mark and Steven should face a joint count of burglary. QUESTION 37 You are defending Susannah in the Crown Court. She is being tried for GBH and the prosecution case is that Susannah punched the Complainant once and broke his jaw. The Complainant has previously provided a statement to this effect and is the sole prosecution witness. During examination-in-chief, the Complainant states that he was headbutted twice by Susannah. When cross-examined, the Complainant accepts having previously stated that Susannah had only punched him once. He also states that, on reflection, Susannah may not have attacked him, but if she did, she definitely caused the injury by kicking him. This is a case where you are permitted to give an opening speech, but you had not planned to do so. What is the best course of action for you to take at the close of the prosecution case? [A] Make a submission of no case to answer. [B] Begin the defence case using an opening speech to criticise the Complainant’s evidence. [C] Proceed with the defence case as planned. [D] Call no evidence so that you can proceed straight to your closing speech. ANSWER [A] Make a submission of no case to answer. CROWN COURT TRIAL QUESTION 38 David appears before the Crown Court for a Plea and Trial Preparation Hearing (PTPH). The Prosecution have prepared a two-count indictment. Count 1 is an offence of possession of cannabis with intent to supply. Count 2 relates to the same quantity of cannabis and is an alternative offence of simple possession of the cannabis. David asks you what will happen if he pleads guilty to either count. What is the most appropriate advice to give him? [A] If he pleads not guilty to Count 1 and guilty to Count 2 the Prosecution must offer no evidence on Count 1. [B] If he pleads guilty to Count 1, Count 2 will not be proceeded with. [C] If he pleads not guilty to Count 1 and guilty to Count 2 the Judge must order Count 1 to lie on the file. [D] If he pleads guilty to Count 1 and not guilty to Count 2 the case will be adjourned for trial on Count 2. ANSWER [B] If he pleads guilty to Count 1, Count 2 will not be proceeded with. CROWN COURT QUESTION 39 QUESTION 44 You are prosecuting Colin, who faces trial on an indictment containing three counts of robbery (relating to three incidents of street-mugging), and a further count of theft (relating to an incident of pick-pocketing). The day before the trial is due to start, Colin offers to plead guilty to all three robbery counts on the basis that the Prosecution ‘drops’ the remaining count of theft. The Complainant in the theft matter would rather not come to court to give evidence, as she is nervous and unsure as to the identity of the thief. Furthermore, none of her property was found in Colin’s possession when he was arrested. The Complainant is content for the Prosecution not to proceed with the case. The CPS lawyer in the case agrees with you that Colin’s offer is acceptable. What is your best course of action at court the following day? You should make an application for Colin [A] to be re-arraigned. Colin will plead guilty to the three counts of robbery, following which you should offer no evidence on the count of theft. A verdict of not guilty will then be recorded in relation to that count. [B] to be re-arraigned in front of a jury. Colin will plead guilty to the three counts of robbery, following which you should offer no evidence on the count of theft. The jury will then return a verdict of not guilty in relation to that count. [C] to be re-arraigned. Colin will plead guilty to the three counts of robbery, following which you should apply for the count of theft to lie on the file. [D] to be re-arraigned in front of a jury. Colin will plead guilty to the three counts of robbery, following which you should apply for the count of theft to lie on the file. ANSWER [A] to be re-arraigned. Colin will plead guilty to the three counts of robbery, following which you should offer no evidence on the count of theft. A verdict of not guilty will then be recorded in relation to that count. CROWN COURT QUESTION 43 At his first appearance at the Crown Court on an indictment containing one count of burglary, Abul is arraigned and enters a guilty plea. At his sentencing hearing, Counsel for Abul tells the Court that he wishes to change his plea. What are the Judge’s powers on such an application? [A] The Judge has no discretion to allow such an application and must carry on to sentence Abul. [B] The Judge has no discretion to allow such an application but can take into account the indication of a not guilty plea when she sentences Abul. [C] The Judge must allow Abul to change his plea. [D] The Judge has a discretion to allow Abul to change his plea. ANSWER [D] The Judge has a discretion to allow Abul to change his plea. QUESTION 44 Derek and Alan appear at Gladbury Crown Court, accused of burglary. The allegation is that they were found in a car outside a burgled house, and that a stolen television belonging to the householder was found in the boot of the car. They are jointly charged in one count on the Indictment. Which of the following statements is INCORRECT? 1. [A] The jury may find Derek guilty but be unable to reach a verdict in relation to Alan. CORRECT. See DPP v Merriman [1973] AC 584. 2. [B] The jury may find both men guilty. CORRECT. See above. 3. [C] The jury must acquit Alan if they acquit Derek. INCORRECT. See Above. 4. [D] The jury may acquit both men. CORRECT. See above. QUESTION 45 John has been sent to Gladbury Crown Court for trial. The prosecution alleges that on the 20th March 2017 he stole 6 bottles of vodka from Best Booze in Gladbury. They also allege that on the 30th March 2017 he stole 3 bottles of gin from Arnie’s Alcohol in Gladbury. You have been asked by the prosecution to advise whether these two matters can be joined on the same indictment. Which one of the following statements is CORRECT? 1. [A] The two matters must not be joined on the same indictment, because it would be prejudicial to John. INCORRECT. Counts can be joined in one indictment, it is a matter for the court , taking into account what the prosecutor proposes, any representations by the defence, the courts powers to order separate trials and the overriding objective. The court has the power to order separate trials where offences do not form a series of offences of the same or similar character. These offences arguably form a series of offences of the same character. See r.3.21(4) Crim.P.R. 2. [B] The two matters must not be joined on the same indictment because the offences occurred on different dates. INCORRECT. See above. 3. [C] The two matters may be joined in the same indictment. CORRECT. See above. 4. [D] The two matters must not be joined on the same indictment, because it would not be in the interests of justice to do so. INCORRECT. See above. QUESTION 49 You are prosecuting Ronald Villiers in the Crown Court. He is facing 15 counts of fraud spanning a period of 3 years relating to multiple victims. It has been a complex case and the trial has lasted for 6 weeks. The jury retired at 11pm this morning. At 2pm the jury have not reached a verdict on any count. Defence counsel approaches you and suggests that you should both go into court and ask the judge to give the jury a majority direction. Which of the following responses (and reasons for the same) would be the MOST APPROPRIATE in the circumstances? 1. [A] To agree with the suggestion because the required limit before a majority direction can be given has expired. 2. [B] To decline the invitation because the jury will have spent an hour having lunch so this should be discounted from the time they have been deliberating for. 3. [C] To agree with the suggestion because it is in the interests of justice that a jury return a verdict as quickly as possible. 4. [D] To decline the invitation because the jury have not had a reasonable time to consider the verdict given the nature and complexity of the case. [D] A majority verdict may be given by a jury after they have deliberated for at least 2 hours. Practice Directions Part 26 Jurors – requires a minimum period of 2 hours and 10 minutes to have elapsed. A majority verdict should not be accepted unless it appears to the court that the jury have had such period of time for deliberation as the court thinks reasonable having regard to the nature and complexity of the case. This has been a long and complex case and the jury should be given time to consider their verdict. It would be in the rarest of cases that a majority direction should be sought or given after only 3 hours. BCP 2018 Supp 1 p.161 PD-65 and BCP 2018 D19.35 and 19.36] QUESTION 50 Which ONE of the following propositions is CORRECT regarding the permissible numbers of jurors required for a majority verdict? 1. [A] Where the jury consists of 12 jurors, the majority can be 11-1 or 10-2. [CORRECT - If there are 12 jurors, the majority can be 11-1 or 10-2. With 11 jurors the available majority verdict is 10-1. With 10 jurors it is 9-1. With 9 jurors (which is the least permissible to form a jury) there can be no majority verdict. BCP 2018 D19.38] 2. [B] Where the jury consists of 11 jurors, the majority can be 10-1 or 9-2. [INCORRECT – the permissible majority is 10-1] 3. [C] Where the jury consists of 10 jurors, the majority can be 9-1 or 8-2. [INCORRECT – the permissible majority is 9-1] 4. [D] Where the jury consists of 9 jurors, the only permissible majority is 8-1. [INCORRECT – a jury reduced to nine must be unanimous]