1. The Criminal Justice System (CJS), CrPR an PCR issues
o The English CJS is adversarial.
o The Crown Court and magistrates’ court are both a Courts of first instance in the
criminal system.
o ‘Indictable’ means the case may be (but is not necessarily) dealt with at the Crown
Court.
o ‘Indictable only’ means the case can only be dealt with at the Crown Court.
o The standard of proof in criminal cases is beyond reasonable doubt.
o If a client tells his layer he committed an offence, his confession is covered by legal
privilege and he is entitled to plead not guilty, sit through the trial and see if the
prosecution can prove its case.
o The duty not to mislead the Court knowingly or recklessly begins when you are first
instructed.
o A defendant charged with murder will make his first appearance at the magistrates’
court.
o A voir dire in the Crown Court is a trial within a trial held in the absence of a jury.
o The defendant does not have to give evidence at trial, the right not to testify
remains but has been qualified.
o The Court’s case management powers are found in part 3 of the Criminal Procedure
Rules.
Summary Only offences:
Common assault and battery.
Either Way offences:
Burglary of a dwelling.
S.47 assault OAPA 1861 (ABH).
Affray contrary to S.3(1) Public Order Act 1986.
Possession with intent to supply class A.
Possession of an offensive weapon.
Theft
Indictable Only offences:
S.18 OAPA 1861.
Robbery.
o The police saw Jonny sitting in a local park and removing a number of items from a
sports bag, one of which was a hammer. He was then arrested on suspicion of
possession of an offensive weapon in a public place contrary to s.1(4) Prevention of
Crime Act 1953. Jonny tells you that he was trying to find his Oyster card in the bag
and was simply removing items to find it. The hammer was in his bag as he is a
carpenter by profession and he was doing some DIY at home. If Jonny is charged,
which best summarises his position?
A. Johnny should rely on the defence of lawful authority.
B. Johnny should rely on the defence of reasonable excuse.
C. Johnny should be the prosecution to proof on the issue of intent to cause
injury.
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, o Billy has pleaded guilty to two offences of theft from a dwelling. What is the
maximum sentence a bench of magistrates can impose?
- 12 months’ imprisonment
o Aaron has pleaded guilty to two offences of taking a motor vehicle without the
owner’s consent. What is the maximum sentence a bench of lay magistrates can
impose?
- 6 months’ imprisonment
o Jack has been arrested for criminal damage. He is an investment banker earning
£150,000 pa and has never been arrested before. Which of the following statements is/
are TRUE in Jack’s case?
A. Jack will not be eligible for free legal advice at the police station.
B. Jack will be eligible for free legal advice at the police station but it will be
limited to telephone advice as he is unlikely to go to prison.
C. In order to obtain public funding for representation (a representation
order) in the magistrates’ court or the Crown Court, Jack must pass both
a means test and a merits test.
D. If Jack does not get a representation order, he can instruct a duty solicitor who
will be able to represent him at all hearings up to and including sentence.
o Donnie is in receipt of income based job seeker’s allowance. He will therefore be
automatically eligible for a representation order? TRUE or FALSE?
- False
o You attend Gladbury Police Station to represent Jonny and Elaine who have been
arrested on suspicion of theft from ‘Gladbury Supastores’. You take instructions from
Jonny but the custody officer tells you that you cannot represent Elaine because there
is a conflict between her and Jonny. You insist you can see her. Who is correct?
- You
o Tariq has pleaded guilty at Gladbury Magistrates’ Court to an offence of burglary of a
dwelling house contrary to S.9 Theft Act 1968. Which of the following is correct?
A. Tariq must be sentences in the Magistrates court.
B. Tariq must be sentenced in the Crown Court
C. The presumption is that Tariq will be sentenced in the magistrates’ court
unless the outcome would clearly be a sentence in excess of the court’s
powers.
o Which case underlined the importance of the Criminal Procedure Rules?
A. R v K
B. R v P
C. R v L
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o The English CJS is adversarial.
o The Crown Court and magistrates’ court are both a Courts of first instance in the
criminal system.
o ‘Indictable’ means the case may be (but is not necessarily) dealt with at the Crown
Court.
o ‘Indictable only’ means the case can only be dealt with at the Crown Court.
o The standard of proof in criminal cases is beyond reasonable doubt.
o If a client tells his layer he committed an offence, his confession is covered by legal
privilege and he is entitled to plead not guilty, sit through the trial and see if the
prosecution can prove its case.
o The duty not to mislead the Court knowingly or recklessly begins when you are first
instructed.
o A defendant charged with murder will make his first appearance at the magistrates’
court.
o A voir dire in the Crown Court is a trial within a trial held in the absence of a jury.
o The defendant does not have to give evidence at trial, the right not to testify
remains but has been qualified.
o The Court’s case management powers are found in part 3 of the Criminal Procedure
Rules.
Summary Only offences:
Common assault and battery.
Either Way offences:
Burglary of a dwelling.
S.47 assault OAPA 1861 (ABH).
Affray contrary to S.3(1) Public Order Act 1986.
Possession with intent to supply class A.
Possession of an offensive weapon.
Theft
Indictable Only offences:
S.18 OAPA 1861.
Robbery.
o The police saw Jonny sitting in a local park and removing a number of items from a
sports bag, one of which was a hammer. He was then arrested on suspicion of
possession of an offensive weapon in a public place contrary to s.1(4) Prevention of
Crime Act 1953. Jonny tells you that he was trying to find his Oyster card in the bag
and was simply removing items to find it. The hammer was in his bag as he is a
carpenter by profession and he was doing some DIY at home. If Jonny is charged,
which best summarises his position?
A. Johnny should rely on the defence of lawful authority.
B. Johnny should rely on the defence of reasonable excuse.
C. Johnny should be the prosecution to proof on the issue of intent to cause
injury.
1
, o Billy has pleaded guilty to two offences of theft from a dwelling. What is the
maximum sentence a bench of magistrates can impose?
- 12 months’ imprisonment
o Aaron has pleaded guilty to two offences of taking a motor vehicle without the
owner’s consent. What is the maximum sentence a bench of lay magistrates can
impose?
- 6 months’ imprisonment
o Jack has been arrested for criminal damage. He is an investment banker earning
£150,000 pa and has never been arrested before. Which of the following statements is/
are TRUE in Jack’s case?
A. Jack will not be eligible for free legal advice at the police station.
B. Jack will be eligible for free legal advice at the police station but it will be
limited to telephone advice as he is unlikely to go to prison.
C. In order to obtain public funding for representation (a representation
order) in the magistrates’ court or the Crown Court, Jack must pass both
a means test and a merits test.
D. If Jack does not get a representation order, he can instruct a duty solicitor who
will be able to represent him at all hearings up to and including sentence.
o Donnie is in receipt of income based job seeker’s allowance. He will therefore be
automatically eligible for a representation order? TRUE or FALSE?
- False
o You attend Gladbury Police Station to represent Jonny and Elaine who have been
arrested on suspicion of theft from ‘Gladbury Supastores’. You take instructions from
Jonny but the custody officer tells you that you cannot represent Elaine because there
is a conflict between her and Jonny. You insist you can see her. Who is correct?
- You
o Tariq has pleaded guilty at Gladbury Magistrates’ Court to an offence of burglary of a
dwelling house contrary to S.9 Theft Act 1968. Which of the following is correct?
A. Tariq must be sentences in the Magistrates court.
B. Tariq must be sentenced in the Crown Court
C. The presumption is that Tariq will be sentenced in the magistrates’ court
unless the outcome would clearly be a sentence in excess of the court’s
powers.
o Which case underlined the importance of the Criminal Procedure Rules?
A. R v K
B. R v P
C. R v L
2
