MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar Professional
Question 1
A prosecutor must prefer a draft indictment on the Crown Court Officer within a certain specified time
limit. In this regard which ONE of the following propositions is CORRECT:
[A] Not more than 28 days after a case is sent to the Crown Court.
[B] Not more than 14 days after a case is sent to the Crown Court.
[C] Not more than 21 days after a case is sent to the Crown Court.
[D] Not more than 56 days after a case is sent to the Crown Court.
ANSWER
[A] is the correct answer. CrimPR r.10.1 requires the prosecutor to serve (or 'prefer') a draft
indictment (also known as a 'Bill of Indictment') on the crown court officer not more than 28
days after a case is sent to the Crown Court for trial, or from a High Court Judge giving
permission to serve a draft indictment (a 'voluntary bill'), or the Court of Appeal ordering a
retrial.
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,Question 2
More than one count can be included on a single indictment. The rules on joinder of counts provide
that (choose the CORRECT answer):
[A] An indictment may contain more than one count if all the offences charged (a) are founded on
events on the same date; or (b) form or are a part of a series of offences during the same
calendar month.
[B] An indictment may contain more than one count if all the offences charged (a) are the same; or
(b) of a similar character.
[C] An indictment may contain more than one count if all the offences charged (a) relate to the same
victim; or (b) form or are a part of a series of offences of the same or a similar character.
[D] An indictment may contain more than one count if all the offences charged (a) are founded on
the same facts; or (b) form or are a part of a series of offences of the same or a similar character.
ANSWER
[D] is the correct answer. The rules on joinder of counts are contained in CrimPR r.10.2(3): An
indictment may contain more than one count if all the offences charged—
(a) are founded on the same facts; or (b) form or are a part of a series of offences of the same
or a similar character.
P a g e 2 | 32
,Question 3
You are prosecuting Jake Wills, who has faces a single count of ABH on indictment at Babylon
Crown Court. He has pleaded not guilty and his trial is due to take place in a month’s time.
Recently, Jake has been arrested and charged with supplying Cannabis, a Class B drug. He has
indicated a plea of not guilty and elected Crown Court trial. The Plea and Trial Preparation
Hearing will take place this week at Babylon Crown Court. The Drugs Supply offence was
committed 6 months after the ABH. You have been asked to advise as to whether you should
seek to join these offences (the ABH and Drugs Supply Counts) together on the same
indictment. Which ONE of the following is CORRECT?
[A] It is perfectly approprate to apply to join these offences on a single indictment because this is a
series of offences committed by the same defendant.
[B] It is perfectly approprate to apply to join these offences on a single indictment because these
are both indictable offences.
[C] It is not approprate to apply to join these offences on a single indictment because this is not a
series of offences.
[D] It is not approprate to apply to join these offences on a single indictment because these
offences are not of a similar character.
ANSWER
[D] is the correct answer. The rules on joinder of counts are contained in CrimPR r.10.2(3): An
indictment may contain more than one count if all the offences charged
(a) are founded on the same facts; or (b) form or are a part of a series of offences of the same
or a similar character.
P a g e 3 | 32
, Question 4
More than one defendant can be included on a single indictment. The rules on joinder of defendants
provide that (choose the answer which MOST ACCURATELY reflects the rules on joinder of
defendants):
[A] An indictment may contain more than one defendant where the the matters which constitute the
individual offences of the several defendants are so related that it is in the interests of justice to
try them together.
[B] An indictment may contain more than one defendant where the matters which constitute the
individual offences of the several defendants took place within the same calendar year and it is
in the interests of justice to try them together.
[C] An indictment may contain more than one defendant where the offences were committed by
each defendant at or around the same date and it is in the interests of justice to try them together.
[D] An indictment may contain more than one defendant where the matters which constitute the
individual offences are of a similar character and it is in the interests of justice to try them
together.
ANSWER
[A] most accuractely reflects the rules on joinder of defendants and is therefore the correct
answer. In R v Assim1, it was held (per Sachs J): 'Where ... the matters which constitute the
individual offences of the several offenders are upon the available evidence so related, whether
in time or by other factors, that the interests of justice are best served by their being tried
together, then they can properly be the subject of counts in one indictment and can, subject
always to the discretion of the court, be tried together. It follows that where two or more
defendants have committed a single offence together, or a number of offences together, or there
is some other common link, they can be included on the same indictment.
P a g e 4 | 32
ANSWERS
Bar Professional
Question 1
A prosecutor must prefer a draft indictment on the Crown Court Officer within a certain specified time
limit. In this regard which ONE of the following propositions is CORRECT:
[A] Not more than 28 days after a case is sent to the Crown Court.
[B] Not more than 14 days after a case is sent to the Crown Court.
[C] Not more than 21 days after a case is sent to the Crown Court.
[D] Not more than 56 days after a case is sent to the Crown Court.
ANSWER
[A] is the correct answer. CrimPR r.10.1 requires the prosecutor to serve (or 'prefer') a draft
indictment (also known as a 'Bill of Indictment') on the crown court officer not more than 28
days after a case is sent to the Crown Court for trial, or from a High Court Judge giving
permission to serve a draft indictment (a 'voluntary bill'), or the Court of Appeal ordering a
retrial.
P a g e 1 | 32
,Question 2
More than one count can be included on a single indictment. The rules on joinder of counts provide
that (choose the CORRECT answer):
[A] An indictment may contain more than one count if all the offences charged (a) are founded on
events on the same date; or (b) form or are a part of a series of offences during the same
calendar month.
[B] An indictment may contain more than one count if all the offences charged (a) are the same; or
(b) of a similar character.
[C] An indictment may contain more than one count if all the offences charged (a) relate to the same
victim; or (b) form or are a part of a series of offences of the same or a similar character.
[D] An indictment may contain more than one count if all the offences charged (a) are founded on
the same facts; or (b) form or are a part of a series of offences of the same or a similar character.
ANSWER
[D] is the correct answer. The rules on joinder of counts are contained in CrimPR r.10.2(3): An
indictment may contain more than one count if all the offences charged—
(a) are founded on the same facts; or (b) form or are a part of a series of offences of the same
or a similar character.
P a g e 2 | 32
,Question 3
You are prosecuting Jake Wills, who has faces a single count of ABH on indictment at Babylon
Crown Court. He has pleaded not guilty and his trial is due to take place in a month’s time.
Recently, Jake has been arrested and charged with supplying Cannabis, a Class B drug. He has
indicated a plea of not guilty and elected Crown Court trial. The Plea and Trial Preparation
Hearing will take place this week at Babylon Crown Court. The Drugs Supply offence was
committed 6 months after the ABH. You have been asked to advise as to whether you should
seek to join these offences (the ABH and Drugs Supply Counts) together on the same
indictment. Which ONE of the following is CORRECT?
[A] It is perfectly approprate to apply to join these offences on a single indictment because this is a
series of offences committed by the same defendant.
[B] It is perfectly approprate to apply to join these offences on a single indictment because these
are both indictable offences.
[C] It is not approprate to apply to join these offences on a single indictment because this is not a
series of offences.
[D] It is not approprate to apply to join these offences on a single indictment because these
offences are not of a similar character.
ANSWER
[D] is the correct answer. The rules on joinder of counts are contained in CrimPR r.10.2(3): An
indictment may contain more than one count if all the offences charged
(a) are founded on the same facts; or (b) form or are a part of a series of offences of the same
or a similar character.
P a g e 3 | 32
, Question 4
More than one defendant can be included on a single indictment. The rules on joinder of defendants
provide that (choose the answer which MOST ACCURATELY reflects the rules on joinder of
defendants):
[A] An indictment may contain more than one defendant where the the matters which constitute the
individual offences of the several defendants are so related that it is in the interests of justice to
try them together.
[B] An indictment may contain more than one defendant where the matters which constitute the
individual offences of the several defendants took place within the same calendar year and it is
in the interests of justice to try them together.
[C] An indictment may contain more than one defendant where the offences were committed by
each defendant at or around the same date and it is in the interests of justice to try them together.
[D] An indictment may contain more than one defendant where the matters which constitute the
individual offences are of a similar character and it is in the interests of justice to try them
together.
ANSWER
[A] most accuractely reflects the rules on joinder of defendants and is therefore the correct
answer. In R v Assim1, it was held (per Sachs J): 'Where ... the matters which constitute the
individual offences of the several offenders are upon the available evidence so related, whether
in time or by other factors, that the interests of justice are best served by their being tried
together, then they can properly be the subject of counts in one indictment and can, subject
always to the discretion of the court, be tried together. It follows that where two or more
defendants have committed a single offence together, or a number of offences together, or there
is some other common link, they can be included on the same indictment.
P a g e 4 | 32
