Deck 1: Introduction to Criminal Law

Question 1

Matthew is charged with robbery and wants to plead not guilty. He asks you where his trial will take place. Which is the correct answer?

A) Robbery is an either way offence so Matthew may be tried in the Magistrates Court or the Crown Court
B) Robbery is an indictable only offence so Matthew will be tried in the Magistrates Court
C) Robbery is an indictable only offence so Matthew will be tried in the Crown Court
D) Robbery is an indictable offence so Matthew may be tried in the Crown Court

Answer 1

C

Question 2

Fatima is charged with assault occasioning actual bodily harm under s.47, Offences Against the Person Act 1861. She decides to plead not guilty. She asks you where her trial will take place. Which is the correct answer?

A) This is an either way offence which may be tried in either the Crown Court or the Magistrates Court
B) This is an indictable only offence which must be tried in the Crown Court
C) This is a summary only offence which must be tried in the Magistrates Court
D) This is an either way offence and must be tried in the Magistrates Court and if she is found guilty, sentencing will take place in the Crown Court

Answer 2

A

Question 3

Peter is convicted of theft in the Magistrates Court. He wishes to appeal against his sentence. In which court will his appeal be heard?

A) The Court of Appeal
B) The Crown Court
C) The Divisional Court
D) The Supreme Court

Answer 3

B

Question 4

Rahul is acquitted after a successful submission of no case to answer by his defence counsel during his trial for rape in the Crown Court. The prosecution wish to appeal against his acquittal. Which of the following statements is true?

A) The prosecution may not appeal against an acquittal
B) The prosecution may appeal to the Supreme Court
C) The prosecution may appeal to the Divisional Court
D) The prosecution may appeal to the Court of Appeal

Question 5

Gerald is charged with battery and wishes to plead self-defence. Which of the following statements is true?

A) The evidential burden and the legal burden of proving murder and disproving self-defence are on the prosecution
B) The legal burden of proving the offence is on the prosecution but Gerald bears the evidential burden in respect of self-defence
C) The legal burden of proving the offence is on the prosecution but Gerald bears the legal burden of proving self-defence
D) The legal burden of disproving the offence and proving self-defence is on the Gerald

Question 6

Rita is charged with murder and pleads diminished responsibility. Where does the burden lie in respect of the defence and what is the relevant standard of proof?

A) The prosecution bears the burden of disproving diminished responsibility beyond reasonable doubt
B) The prosecution bears the burden of disproving diminished responsibility on a balance of probabilities
C) Rita bears the burden of proving diminished responsibility beyond reasonable doubt
D) Rita bears the burden of proving diminished responsibility on a balance of probabilities

Question 7

Which ONE of the following statements is FALSE?

A) A defendant charged with an either way offence will not have a right to elect trial by jury if the magistrates accept jurisdiction of the case
B) A defendant charged with a summary only offence does not have a right to trial by jury
C) A defendant charged with an indictable only offence must always be tried by a jury
D) A defendant charged with an either way offence will not have a right to refuse trial by jury if the magistrates commit the case to the Crown Court

Question 8

Which ONE of the following statements is FALSE?

A) In a Crown Court, the judge is the tribunal of law
B) In a Crown Court, the jury is the tribunal of fact only
C) In a Magistrates Court, the magistrate(s) is/are the tribunal of fact only
D) In a Magistrates Court, the magistrate(s) is/are both the tribunal of fact and law