MULTIPLE CHOICE QUESTIONS
ANSWERS Bar Professional
Question 1
Alex pleaded guilty to 2 offences of assaulting a police officer (a summary only offence) before
the Babylon Magistrates’ Court. The prosecution outline the fact of the 2 offences and reveal
that that Alex has 17 previous convictions for offences of violence and has received custodial
sentences in the past. Following mitigation the magistrates’ sentence Alex to 11 months
imprisonment on each offence to run concurrently.
Which one of the following is the MOST EXPEDIENT way to appeal the magistrates’ decision to
sentence Alex to 11 months imprisonment?
[A] Alex should appeal to the Crown Court against sentence.
[B] Alex should apply under s.142 Magistrates’ Court Act 1980 to rectify the mistake that the
magistrates have made.
[C] Alex should challenge the sentence by way of Judicial Review. Arguably, judicial review could
be used in this case because the magistrates have passed a sentence that exceeds their powers
for dealing with 2 summary only offences.
[D] Alex should appeal by way of ‘Case Stated’ to the Divisional Court as the sentence imposed by
the magistrates is clearly wrong in law.
[B] is the MOST EXPEDIENT. Defence counsel can apply orally, as soon as the sentence has
been passed, for the magistrates to re-open sentence using their power in S.142 Magistrates’
Court Act to rectify the mistake that has been made (passing an unlawful sentence)
,Question 2
You represent Joanna who was convicted of theft after a trial at Babylon Magistrates’ Court.
The magistrates have adjourned for the preparation of a pre-sentence report. Joanna instructs
you that she wants to appeal against her conviction.
Which of the following statements is WRONG?
[A] Joanna may appeal to the Crown Court against her conviction but must do so within 21 days of
conviction.
[B] Notice of appeal must be given to the relevant magistrates’ court officer and the prosecution.
[C] On appeal defence counsel may call evidence which was not used at the original trial.
[D] Joanna may appeal to the Crown Court against her conviction but must do so within 21 days of
sentence being passed.
[A] is WRONG. Rule 63.2(1) and (3) of the CrimPR requires notice of appeal to be given in writing
to the relevant magistrates’ court officer and every other party within 21 days of sentence being
passed even if the she is appealing only against conviction
, Question 3
Which one of the following statements concerning bail pending appeal is WRONG?
[A] An appellant may be granted bail pending appeal to the Crown Court in respect of either
conviction or sentence.
[B] An appellant may be granted bail by the magistrates’ court that sentenced him to a custodial
sentence pending his/her appeal to the Crown Court. An appellant refused bail by the
magistrates in this situation may apply to the Crown Court for bail.
[C] The magistrates may grant bail to an applicant for judicial review.
[D] The magistrates may grant bail to an appellant appealing to the Divisional Court by way of
case stated.
[C] is WRONG. Bail may be secured through an application to a judge in chambers under the
Criminal Justice Act 1948, s. 37(1)(d). The magistrates have no power to grant bail in this
situation
ANSWERS Bar Professional
Question 1
Alex pleaded guilty to 2 offences of assaulting a police officer (a summary only offence) before
the Babylon Magistrates’ Court. The prosecution outline the fact of the 2 offences and reveal
that that Alex has 17 previous convictions for offences of violence and has received custodial
sentences in the past. Following mitigation the magistrates’ sentence Alex to 11 months
imprisonment on each offence to run concurrently.
Which one of the following is the MOST EXPEDIENT way to appeal the magistrates’ decision to
sentence Alex to 11 months imprisonment?
[A] Alex should appeal to the Crown Court against sentence.
[B] Alex should apply under s.142 Magistrates’ Court Act 1980 to rectify the mistake that the
magistrates have made.
[C] Alex should challenge the sentence by way of Judicial Review. Arguably, judicial review could
be used in this case because the magistrates have passed a sentence that exceeds their powers
for dealing with 2 summary only offences.
[D] Alex should appeal by way of ‘Case Stated’ to the Divisional Court as the sentence imposed by
the magistrates is clearly wrong in law.
[B] is the MOST EXPEDIENT. Defence counsel can apply orally, as soon as the sentence has
been passed, for the magistrates to re-open sentence using their power in S.142 Magistrates’
Court Act to rectify the mistake that has been made (passing an unlawful sentence)
,Question 2
You represent Joanna who was convicted of theft after a trial at Babylon Magistrates’ Court.
The magistrates have adjourned for the preparation of a pre-sentence report. Joanna instructs
you that she wants to appeal against her conviction.
Which of the following statements is WRONG?
[A] Joanna may appeal to the Crown Court against her conviction but must do so within 21 days of
conviction.
[B] Notice of appeal must be given to the relevant magistrates’ court officer and the prosecution.
[C] On appeal defence counsel may call evidence which was not used at the original trial.
[D] Joanna may appeal to the Crown Court against her conviction but must do so within 21 days of
sentence being passed.
[A] is WRONG. Rule 63.2(1) and (3) of the CrimPR requires notice of appeal to be given in writing
to the relevant magistrates’ court officer and every other party within 21 days of sentence being
passed even if the she is appealing only against conviction
, Question 3
Which one of the following statements concerning bail pending appeal is WRONG?
[A] An appellant may be granted bail pending appeal to the Crown Court in respect of either
conviction or sentence.
[B] An appellant may be granted bail by the magistrates’ court that sentenced him to a custodial
sentence pending his/her appeal to the Crown Court. An appellant refused bail by the
magistrates in this situation may apply to the Crown Court for bail.
[C] The magistrates may grant bail to an applicant for judicial review.
[D] The magistrates may grant bail to an appellant appealing to the Divisional Court by way of
case stated.
[C] is WRONG. Bail may be secured through an application to a judge in chambers under the
Criminal Justice Act 1948, s. 37(1)(d). The magistrates have no power to grant bail in this
situation
