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BPTC/BTC Criminal Litigation MCQ [HIGH DISTINCTION] - Youth Court MCQs

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HIGH DISTINCTION BPTC/BTC Criminal Litigation MCQ (Chapter-wise MCQs) - Youth Court MCQs

Institution
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MULTIPLE CHOICE QUESTIONS
ANSWERS

Bar Professional




Question 1


Which one of the following is CORRECT?


[A] A parent or guardian must attend court if the youth is 17 years old unless it is unreasonable for
them to do so.

[B] A parent or guardian must attend court if the youth is 16 years old unless it is unreasonable for
them to do so.

[C] A parent or guardian must attend court if the youth is 15 years old unless it is unreasonable for
them to do so.

[D] A parent or guardian must attend court if the youth is 18 years old unless it is unreasonable for
them to do so.


[C is CORRECT. S.34A (1) of the CYPA 1933 (as inserted by s.56 of the CJA 1991) makes it
clear that if a juvenile is under the age of 16, then a parent or guardian must attend court,
unless it is unreasonable for them to do so.]




P a g e 1 | 32

,Question 2


A week ago, Mohammed (aged 25) appeared at the Magistrates’ Court charged with the theft (an
either way offence) of a number of items. He pleaded not guilty and elected trial in the Crown
Court. He was sent under s.51 CDA 1988 to the Crown Court for trial. Yesterday the Police
arrested your client, Billy (aged 16) and charged him with the same theft and the CPS indicate
that they seek a joint trial of these two defendants. You accept that this is a joint charge.


Which of the following is CORRECT?


(i) Billy should be asked to enter a plea. If he pleads not guilty the Youth Court must hold Billy’s
trial.

(ii) Billy should be asked to indicate a plea. If he indicates a not guilty plea or gives no indication
then the court must consider, given that he is jointly charged with an adult who has been sent to
the Crown Court, whether it is in the interests of justice to send Billy to the Crown Court for trial.

(iii) Billy should be asked to enter a plea, if it is guilty then the Youth Court must sentence him and
has no power to commit him for sentence.

(iv) Billy should be asked to indicate a plea. If he indicates a guilty plea then the court must commit
him for sentence if they believe he is a dangerous offender or if they think that he should be
sentenced to in excess of 2 years detention.




[A] (i) and (iii).

[B] (ii) and (iv).

[C] (ii) only.

[D] (iv) only.

[ C is CORRECT ANSWER]




P a g e 2 | 32

,Question 3


Andrew (26) is jointly charged with Jerry (16) with an offence of Common Assault (a summary
only offence). Jerry is due to appear before the adult Magistrates’ Court and wishes to be
advised as to his position on trial and sentence. Which of the following propositions are
INCORRECT?


[A] If Andrew pleads not guilty and Jerry pleads not guilty then both must be tried in the
Magistrates’ Court.

[B] If Andrew pleads guilty and Jerry pleads not guilty then Jerry may be tried in the Magistrates’
Court or remitted to the Youth Court for trial.

[C] If Andrew pleads not guilty and Jerry pleads guilty, Jerry must be sentenced in the Magistrates’
Court.

[D] If Andrew pleads guilty and Jerry pleads guilty, then Jerry may be sentenced in the
Magistrates’ Court or remitted to the Youth Court.



[C is INCORRECT, Jerry may be sentenced in the Adult Magistrates Court or remitted to the
Youth Court for sentence).




P a g e 3 | 32

, Question 4


You are representing Mehtab, aged 14, at the Babylon Youth Court. Mehtab is charged with an
offence of robbery. His trial takes place in the youth court. He is convicted of the offence. Having
heard the trial the District Judge decides that the offence is very serious and calls for a sentence
of over 2 years.


Which of the following is CORRECT?


[A] As Mehtab was tried in the youth court he must be sentenced in the youth court.

[B] Mehtab can be committed to the Crown Court for sentence.

[C] Mehtab will be sentenced in the adult magistrates’ court.


[B is CORRECT. He can be committed to the Crown Court for sentence because robbery is a
‘grave crime’ s.91 PCC(S)A) and the magistrates have considered that this offence calls for a
sentence of more than 24 months detention (s.3B PCC(S)A 2000).]




P a g e 4 | 32

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