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SGS 6 Pre-trial matters Practice Questions CRIMINAL LITIGATION, EVIDENCE & SENTENCING

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SGS 6 Pre-trial matters Practice Questions CRIMINAL LITIGATION, EVIDENCE & SENTENCING










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May 19, 2023
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STUDYCLOCK
BPTC Criminal Litigation, Evidence and Sentencing Practice Questions – SGS:6



CRIMINAL LITIGATION, EVIDENCE & SENTENCING
SGS 6
PRE‐TRIAL MATTERS
PRACTICE QUESTIONS Bar Professional Training Course


These questions are for you to attempt in your own time to test your knowledge. The
answers are included in this document for you to self‐mark. We will not go through these
questions in class

Practice MCQs (Questions)

MCQ 1
Brian is charged with an offence of wounding at Gladbury Crown Court. A PCMH takes
place.

Which of the following should NOT be included in the draft indictment?

[A] The name of the defendant.

[B] A statement defining the offence committed.

[C] The classification of the offence.

[D] The date of the offence.


MCQ 2
In relation to indictments which of the following is CORRECT:

i) The trial judge has discretion to order separate trials of defendants who have been
properly joined in one indictment if he/she is of the opinion that an accused may be
prejudiced or embarrassed in his/her defence by reason of being jointly tried.

ii) An indictment may be amended to insert an entirely new offence as long as no
injustice is caused to the defendant.

iii) In determining whether a count is duplicitous, the judge will look at the wording of the
count and the evidence on which the allegations are founded.

iv) A single count for an offence of theft may allege that several items were stolen.


[A] i), ii), and iv)

[B] ii) and iii)

[C] All of the above

[D] ii), iii) and iv)

Law School Page 1

, BPTC Criminal Litigation, Evidence and Sentencing Practice Questions – SGS:6


MCQ 3
Derek appears at Croydon Crown Court. The indictment before the court contains one count
as follows:


STATEMENT OF OFFENCE
Burglary contrary to section 9 of the Theft Act 1968.


PARTICULARS OF OFFENCE
Derek Clifton on 2nd November 2014, entered a dwelling, namely 12 South Square
as trespasser, with intent to steal therein and stole therein a video recorder and a
television set.

Which of the following statements is CORRECT?

[A] The indictment is bad for duplicity and must be quashed.

[B] The indictment is bad for duplicity and should be amended.

[C] The indictment is not defective

[D] The indictment is duplicitous and so a voluntary bill of indictment must be proffered


MCQ 4
Steven has been found unfit to plead. Which of the following is CORRECT:

[A] The court can impose a conditional discharge.

[B] The court can impose a bind over.

[C] The court can impose an absolute discharge.

[D] The court can impose a fine.




Law School Page 2
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