STUDYCLOCK
Bar Professional Training Course
Criminal Litigation, Evidence and Sentencing
Practice Multiple Choice Questions and Answers
Please find attached the answers to the questions in the earlier MCQ handout.
Do keep this with your SBA answers handout for revision purposes.
Page 1 of 59
1617_crim_gm_ce01_revision_mcq_handout_answers © The University of Law Limited 2016-2017
,QUESTION 1
Cecile appears before the Magistrates’ Court for her trial on a single charge of
common assault. She intends to give evidence at her trial and she also has two
witnesses who have attended Court to give evidence on her behalf.
Which ONE of the following statements about summary trial is WRONG?
[A] The Prosecution will open their case and then call their evidence against
Cecile. Cecile is entitled to cross-examine the prosecution witnesses who are
called to testify.
[B] At the conclusion of the prosecution case, the Defence may submit that there
is no case to answer on the grounds that the prosecution evidence is
insufficient for any reasonable Court properly to convict.
[C] At the conclusion of the prosecution case, the Court may on its own initiative
acquit the Defendant on the ground that the prosecution evidence is
insufficient for any reasonable Court properly to convict, and does not have to
give the Prosecution an opportunity to make representations before doing so.
[D] The Defendant should normally give evidence before any other defence
witnesses testify.
ANSWER: C
[A] Wrong. The statement is correct. The Prosecution representative has the right to
make an opening speech, summarising the Prosecution case and identifying the
relevant law and facts, before calling evidence (CrimPR, r.24.3(3)(a)). After the
opening speech (if any), the Prosecutor must call evidence. BCP D22.37.
[B] Wrong. The statement is correct. CrimPR, r.24.3(c) BCP D22.52.
[C] Correct. The statement is wrong as the prosecution must be given an opportunity
to make representations BCP D22.52.
[D] Wrong. The statement is correct. PACE 1984, s. 79. BCP D17.9.
Syllabus para 8
BCP D17.9, D22.37, D22.52
Page 2 of 59
1617_crim_gm_ce01_revision_mcq_handout_answers © The University of Law Limited 2016-2017
,QUESTION 2
Shelley (aged 17) is charged with theft of a motor vehicle. She is jointly charged with
Michael (aged 22). Both Shelley and Michael plead not guilty to the offence at their
first appearance in the Magistrates’ Court. Michael consents to summary trial.
Which ONE of the following statements about where Shelley will be tried is
CORRECT?
[A] Shelley is an adult and must therefore be tried in the Magistrates’ Court.
[B] Shelley is a youth and must therefore be tried in the Youth Court.
[C] Shelley is a youth but is jointly charged with an adult so the adult Magistrates’
Court must try the case.
[D] Shelley is a youth but is jointly charged with an adult so the adult Magistrates’
Court has discretion where to try the case.
ANSWER: C
[A] Wrong because Shelley is a youth since she has not yet attained 18 years of age.
[B] Wrong since she is jointly charged with an adult and therefore she falls into one
of the exceptions to the general rule that juveniles should be tried in the youth Court.
[C] Correct. Where the adult co-accused pleads not guilty and consents to summary
trial, if the youth pleads not guilty they must be tried in the adult Magistrates’ Court
with their co-accused. S.46(1)(a) CYPA 1933.
[D] Wrong due to C above. The Magistrates have no discretion in this situation.
Syllabus para 21
BCP D24.52
Page 3 of 59
1617_crim_gm_ce01_revision_mcq_handout_answers © The University of Law Limited 2016-2017
, QUESTION 3
Which ONE of the following statements about disclosure is CORRECT?
[A] The Defence are obliged to supply a defence statement to the Prosecution
whether the case is to be tried in the Magistrates’ Court or in the Crown Court.
[B] The Prosecution, in their continuing duty to disclose, only need to serve
material which might reasonably be considered capable of undermining the
case for the Prosecution against the accused.
[C] Adverse inferences may be drawn against the accused if the Defence fail to
supply to the Prosecution a list of proposed defence witnesses or if the
Defence, at trial, call a witness who was not included in the list of proposed
defence witnesses.
[D] Where the Defence make an application for disclosure under s.8 of the CPIA
1996, the Court may require the Prosecution to disclose the material sought
to the Defence without the Prosecution being present at the hearing of the
application or having an opportunity to make written representations.
ANSWER: C
[A] Wrong. Service of a defence statement is obligatory in the Crown Court and
voluntary in the Magistrates’ Court. BCP D9.37, D9.40.
[B] Wrong. Under s. 7A of the CPIA, there is a continuing duty on the Prosecution to
disclose unused material that falls within the ambit of s.3. Section 7A (2) sets out the
test: The Prosecution must keep under review the question whether at any time (and
in particular following the giving of a defence statement) there is Prosecution
material which (a) might reasonably be considered capable of undermining the case
for the Prosecution against the accused or of assisting the case for the accused, and
(b) has not been disclosed to the accused. The answer is therefore incomplete as it
does not set out the test fully. BCP D9.24.
[C] Correct. Section 6C of the Criminal Procedure and Investigations Act 1996 ('CPIA
1996'), as amended by section 34 of the Criminal Justice Act 2003, requires the
accused in a criminal case to give the Prosecutor and the Court a notice indicating
whether he or she intends to call any witnesses at trial and giving details of those
witnesses. Where the Defendant intends to call any persons other than him or
herself as a witness at trial, he or she must give notice to the Court and the
Prosecution of the names, addresses and date of birth of the proposed witnesses, or
provide any information which may be a material assistance in identifying or finding
the proposed witness. The obligation applies in relation to cases in both the
Magistrates' Court and the in Crown Court. If the Defendant calls a witness who was
Page 4 of 59
1617_crim_gm_ce01_revision_mcq_handout_answers © The University of Law Limited 2016-2017
Bar Professional Training Course
Criminal Litigation, Evidence and Sentencing
Practice Multiple Choice Questions and Answers
Please find attached the answers to the questions in the earlier MCQ handout.
Do keep this with your SBA answers handout for revision purposes.
Page 1 of 59
1617_crim_gm_ce01_revision_mcq_handout_answers © The University of Law Limited 2016-2017
,QUESTION 1
Cecile appears before the Magistrates’ Court for her trial on a single charge of
common assault. She intends to give evidence at her trial and she also has two
witnesses who have attended Court to give evidence on her behalf.
Which ONE of the following statements about summary trial is WRONG?
[A] The Prosecution will open their case and then call their evidence against
Cecile. Cecile is entitled to cross-examine the prosecution witnesses who are
called to testify.
[B] At the conclusion of the prosecution case, the Defence may submit that there
is no case to answer on the grounds that the prosecution evidence is
insufficient for any reasonable Court properly to convict.
[C] At the conclusion of the prosecution case, the Court may on its own initiative
acquit the Defendant on the ground that the prosecution evidence is
insufficient for any reasonable Court properly to convict, and does not have to
give the Prosecution an opportunity to make representations before doing so.
[D] The Defendant should normally give evidence before any other defence
witnesses testify.
ANSWER: C
[A] Wrong. The statement is correct. The Prosecution representative has the right to
make an opening speech, summarising the Prosecution case and identifying the
relevant law and facts, before calling evidence (CrimPR, r.24.3(3)(a)). After the
opening speech (if any), the Prosecutor must call evidence. BCP D22.37.
[B] Wrong. The statement is correct. CrimPR, r.24.3(c) BCP D22.52.
[C] Correct. The statement is wrong as the prosecution must be given an opportunity
to make representations BCP D22.52.
[D] Wrong. The statement is correct. PACE 1984, s. 79. BCP D17.9.
Syllabus para 8
BCP D17.9, D22.37, D22.52
Page 2 of 59
1617_crim_gm_ce01_revision_mcq_handout_answers © The University of Law Limited 2016-2017
,QUESTION 2
Shelley (aged 17) is charged with theft of a motor vehicle. She is jointly charged with
Michael (aged 22). Both Shelley and Michael plead not guilty to the offence at their
first appearance in the Magistrates’ Court. Michael consents to summary trial.
Which ONE of the following statements about where Shelley will be tried is
CORRECT?
[A] Shelley is an adult and must therefore be tried in the Magistrates’ Court.
[B] Shelley is a youth and must therefore be tried in the Youth Court.
[C] Shelley is a youth but is jointly charged with an adult so the adult Magistrates’
Court must try the case.
[D] Shelley is a youth but is jointly charged with an adult so the adult Magistrates’
Court has discretion where to try the case.
ANSWER: C
[A] Wrong because Shelley is a youth since she has not yet attained 18 years of age.
[B] Wrong since she is jointly charged with an adult and therefore she falls into one
of the exceptions to the general rule that juveniles should be tried in the youth Court.
[C] Correct. Where the adult co-accused pleads not guilty and consents to summary
trial, if the youth pleads not guilty they must be tried in the adult Magistrates’ Court
with their co-accused. S.46(1)(a) CYPA 1933.
[D] Wrong due to C above. The Magistrates have no discretion in this situation.
Syllabus para 21
BCP D24.52
Page 3 of 59
1617_crim_gm_ce01_revision_mcq_handout_answers © The University of Law Limited 2016-2017
, QUESTION 3
Which ONE of the following statements about disclosure is CORRECT?
[A] The Defence are obliged to supply a defence statement to the Prosecution
whether the case is to be tried in the Magistrates’ Court or in the Crown Court.
[B] The Prosecution, in their continuing duty to disclose, only need to serve
material which might reasonably be considered capable of undermining the
case for the Prosecution against the accused.
[C] Adverse inferences may be drawn against the accused if the Defence fail to
supply to the Prosecution a list of proposed defence witnesses or if the
Defence, at trial, call a witness who was not included in the list of proposed
defence witnesses.
[D] Where the Defence make an application for disclosure under s.8 of the CPIA
1996, the Court may require the Prosecution to disclose the material sought
to the Defence without the Prosecution being present at the hearing of the
application or having an opportunity to make written representations.
ANSWER: C
[A] Wrong. Service of a defence statement is obligatory in the Crown Court and
voluntary in the Magistrates’ Court. BCP D9.37, D9.40.
[B] Wrong. Under s. 7A of the CPIA, there is a continuing duty on the Prosecution to
disclose unused material that falls within the ambit of s.3. Section 7A (2) sets out the
test: The Prosecution must keep under review the question whether at any time (and
in particular following the giving of a defence statement) there is Prosecution
material which (a) might reasonably be considered capable of undermining the case
for the Prosecution against the accused or of assisting the case for the accused, and
(b) has not been disclosed to the accused. The answer is therefore incomplete as it
does not set out the test fully. BCP D9.24.
[C] Correct. Section 6C of the Criminal Procedure and Investigations Act 1996 ('CPIA
1996'), as amended by section 34 of the Criminal Justice Act 2003, requires the
accused in a criminal case to give the Prosecutor and the Court a notice indicating
whether he or she intends to call any witnesses at trial and giving details of those
witnesses. Where the Defendant intends to call any persons other than him or
herself as a witness at trial, he or she must give notice to the Court and the
Prosecution of the names, addresses and date of birth of the proposed witnesses, or
provide any information which may be a material assistance in identifying or finding
the proposed witness. The obligation applies in relation to cases in both the
Magistrates' Court and the in Crown Court. If the Defendant calls a witness who was
Page 4 of 59
1617_crim_gm_ce01_revision_mcq_handout_answers © The University of Law Limited 2016-2017
