Criminal Mock 20-21 Answers Complete PDF

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Bar Training Courseand Bar Transfer TestMock Examination 2020–Criminal Litigation, Evidence and SentencingPaper reference MOCK15 th March 2021All references to BCP Part E are to the latest version of Part ETHIS PAGE IS BLANKTHIS PAGE IS BLANKQUESTION 1You are prosecuting Ella in the Crown Court. She...

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Bar Training Course and Bar Transfer Test Mock Examination 2020–21 Criminal Litigation, Evidence and Sentencing

Paper reference MOCK 15th March 2021 All references to BCP Part E are to the latest version of Part E

Paper reference MOCK THIS PAGE IS BLANK

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Paper reference MOCK

Criminal Litigation, Evidence and Sentencing Multiple Choice Exam Composition of exam 1. This exam comprises 75 multiple choice questions (MCQs). 2. You will have three hours to complete the exam. 3. Use boxes 1–75 on the MCQ answer sheet to record your answers. Materials 1. You MUST NOT remove the exam paper or the MCQ answer sheet from the examination centre. 2. You are NOT allowed to use any materials other than writing materials and an eraser. MCQ marking system 1. You should use a pencil to answer. 2. Each question requires ONLY ONE response and for each correct response one mark is given. 3. If you give more than one answer per question, no mark will be given. 4. If you do not answer a question, no mark will be given. 5. This exam is not negatively marked (marks will NOT be deducted for wrong answers or no answer), therefore you are strongly advised to attempt ALL the questions. Note: The answer sheet is designed to be machine readable. If you make a mistake you must rub out that answer. If the final answer choice is unclear, this may result in no marks being awarded for the question.

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Paper reference MOCK QUESTION 1 You are prosecuting Ella in the Crown Court. She is charged with fraud by false representation. While giving evidence during the trial, Ella states that she has never been in trouble with the police and that she is “not a dishonest person and never has been”. However, you are aware that within the last two years she has been convicted of fraud and theft. What is your best course of action in relation to Ella’s previous convictions? [A]

Make a bad character application under s.101(1)(e).

[B]

Make a bad character application under s.101(1)(a).

[C]

Make a bad character application under s.101(1)(c).

[D]

Make a bad character application under s.101(1)(f).

ANSWER [D]

Make a bad character application under s.101(1)(f).

[A], [B] and [C] These are not the best options. Ella has created a false impression and so an application should be made under section 101(1)(f) CJA 2003 to adduce her previous convictions to correct it. [A] is not the best option because s.101 (e) applies where there is a co-defendant and the previous convictions have substantial probative value in relation to a matter in issue between them. The defence are unlikely to agree to the evidence being admitted under s101(1)(a) so [B] is not the best answer. The convictions do not meet the criteria under s101(1)(c) in that they are not important explanatory evidence. [D]

This is the best option. Ella has created a false impression and so an application should be made under section 101(1)(f) CJA 2003 to adduce her previous convictions to correct it.

BCP 2021 F13.15, F13.28, F13.78

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Paper reference MOCK QUESTION 2 You prosecute Henrietta, who allegedly became involved in an argument with Dennis and Robert at a nightclub. Your case is that, without provocation, she punched Dennis and headbutted Robert. During the course of the police investigation, Henrietta offered Robert a bribe of £5,000 not to give evidence against her and to say that she was acting in self-defence against Dennis. Separately, Henrietta threatened Dennis with “more of the same” if he gave evidence against her. Henrietta was subsequently charged with two offences of ABH (one for each assault), attempting to pervert the course of justice and witness intimidation. Her case was sent to the Crown Court. You are considering the indictment and whether to join the counts. What is the best approach in this case? [A]

Henrietta should face four trials, with each of the counts on a separate indictment.

[B]

Henrietta should face two trials, with the two counts of ABH joined on one indictment and the other two counts joined on a second indictment.

[C]

Henrietta should face two trials, with the two counts involving Robert joined on one indictment and the two counts involving Dennis joined on a second indictment.

[D]

Henrietta should face one trial, with all four counts joined on a single indictment.

ANSWER [D] Henrietta should face one trial, with all four counts joined on a single indictment. [A, B, C] Although the Prosecutor could take each of the suggested courses, these are less desirable than [D]. The best approach for the Prosecution is to try these matters together and it can legitimately do so in this case because the counts are founded on the same facts. [D]

[D] is the best approach because all of the counts are founded on the same facts. The best approach for the Prosecution is to try these matters together, which it can legitimately do in this case.

BCP 2021 D11.63 and D11.65 – D11.66

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Paper reference MOCK QUESTION 3 Amber pleaded guilty to two offences of theft in the magistrates’ court and received a sentence of four months’ imprisonment on each offence to run consecutively. She subsequently appealed this sentence to the Crown Court. On appeal, the Crown Court took the view that the sentence passed was incorrect and increased the sentence to seven months’ imprisonment on each offence to run consecutively. What option does Amber have to appeal her sentence from the Crown Court? [A]

She should appeal by way of case stated to the Divisional Court.

[B]

She should appeal to the Court of Appeal on the basis that the sentence was too high.

[C]

She has no option as she has exhausted her routes of appeal.

[D]

She should apply to the Divisional Court for judicial review of the decision of the Crown Court.

ANSWER [A] She should appeal by way of case stated to the Divisional Court. [A]

Correct – the sentence of the Crown Court is in excess of the powers of the magistrates’ court (6 months on each either way offence making a total of 12 months) Whilst the Crown Court can increase sentence on appeal, it is restricted to the powers of the magistrates’ court (BCP 2021 D29.10). As the complaint is that the Crown Court has acted in excess of jurisdiction the appropriate route is appeal by way of case stated (BCP 2021 D29.38) Also CC has failed to give any credit for the guilty plea.

[B]

Wrong – for the reasons stated above.

[C]

Wrong – the decision is clearly in excess of jurisdiction and the appeal route is as stated in [A].

[D]

Wrong – the appropriate route is as explained in [A] (BCP 2021 D29.40).

BCP 2021 D29.10, D29.38, D29.40

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Paper reference MOCK QUESTION 4 Rupert is charged with theft and is due to be tried in the magistrates’ court. The date for trial was fixed one month ago at a hearing attended by Rupert. When the matter was adjourned, Rupert confirmed to the magistrates that he understood he had to return for his trial and that he knew when and where it would take place. However, he fails to appear for his trial. When enquiries are made as to his whereabouts, Rupert states that he is on holiday overseas and will not be coming to court. What immediate action are the magistrates most likely to take in relation to the charge of theft in Rupert’s absence? [A]

Adjourn the trial to another day.

[B]

Issue a warrant for Rupert’s arrest.

[C]

Proceed with the trial in Rupert’s absence unless it appears to the court contrary to the interests of justice to do so.

[D]

Exercise their discretion to dismiss the charge against Rupert.

ANSWER [C]

Proceed with the trial in Rupert’s absence unless it appears to the court contrary to the interests of justice to do so.

[A], [B] and [D] Not the best answers. Under section 11(1)(b) of the MCA 1980 if the accused has attained the age of 18 the court must proceed in his absence unless it appears to the court contrary to the interests of justice to do so. In this scenario Rupert has had adequate notice of the trial date and there is nothing which suggests it would be contrary to the interests of justice to proceed. [C]

This is the best answer. Under section 11(1)(b) of the MCA 1980 if the accused has attained the age of 18 the court must proceed in his absence unless it appears to the court contrary to the interests of justice to do so.

BCP 2021 D22.14

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Paper reference MOCK QUESTION 5 You are defending Jemima in the Crown Court. Your assessment of the case is that Jemima will definitely receive a custodial sentence if she is convicted after trial. At the Plea and Trial Preparation Hearing, a Goodyear indication was sought and the Judge indicated that Jemima would receive a community order if she pleaded guilty. However, she decided to plead not guilty. It is now two months later and her trial is about to start. Jemima informs you that she is contemplating changing her plea to guilty and will definitely do so if she can still rely on the Judge’s Goodyear indication. She maintains her innocence and confirms to you that she knows she should not plead guilty unless she is guilty. What is the most appropriate advice to give Jemima? [A]

She will no longer be able to rely on the Judge’s indication as to sentence.

[B]

She will be able to rely on the indication provided that the Judge is satisfied that she has had a reasonable opportunity to consider it.

[C]

She should seek a fresh indication as to sentence from the Judge.

[D]

She should plead guilty irrespective of whether the indication as to sentence can be relied on.

Answer: C It is correct (as in [A]) that Jemima will not be able to rely on the indication given the passage of time and the fact that she decided to plead not guilty. However, that advice does not assist Jemima in making her decision as to whether to change her plea. Although [B] is technically true, based on the facts in this case the Judge will almost certainly find that the indication has ceased to be valid. [C] contains the best advice. Given the passage of time since the indication was given and the fact that Jemima did decide to plead not guilty it is reasonable to presume that the original indication is no longer valid. However, there is nothing preventing Jemima from seeking another indication, which will assist her in making her decision as to whether to change her plea. [D] contains bad advice. The decision to plead guilty is a matter for her and she should not be encouraged plead guilty if she claims she is innocent. D12.61 – D12.64

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Paper reference MOCK QUESTION 6 Brian has been charged with sexual assault. The Complainant is his daughter, Natalie. Natalie is 20 years old but was 14 at the time of the alleged assault. Brian denies the allegation. There is no medical evidence supporting the allegation. The Prosecution wants to call Brian’s wife, Paula, as a prosecution witness. She has provided a statement stating that Brian told her that he had sexually assaulted Natalie. Can Paula be compelled to give evidence? [A]

She cannot be compelled to give evidence against Brian, as the spouse of an accused can never be compelled by the Prosecution to give evidence against their husband/wife.

[B]

She cannot be compelled to give evidence on behalf of the Prosecution against Brian as he is not charged with a specified offence.

[C]

She cannot be compelled to give evidence on behalf of the Prosecution against Brian by virtue of the fact that Natalie is now an adult as she is 20 years old.

[D]

She can be compelled to give evidence on behalf of the Prosecution against Brian.

ANSWER [D]

She can be compelled to give evidence on behalf of the Prosecution against Brian.

[A]

Wrong because the spouse of an accused can be compelled to give evidence against the accused if the accused is charged with a specified offence s80(2A) PACE 1984

[B]

Wrong – One of the specified offences is defined in s80(3)(b) as “a sexual offence alleged to have been committed in respect of a person who was at the material time under that age” (16).

[C]

Wrong – see above. The Act provides that the relevant age is the age at the time of the offence.

[D]

Correct because the spouse of the accused can be compelled to give evidence on behalf of the Prosecution where the accused is charged with a specified offence and here the provisions of s80 have been satisfied.

BCP 2021 F4.14-15

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Paper reference MOCK QUESTION 7 Daniel is charged with affray (an either-way offence). He consented to summary trial and was convicted. He was sentenced to a community order with a 240-hour unpaid work requirement. He wishes to appeal to the Crown Court against that sentence. If Daniel’s appeal fails, what powers are available to the Crown Court? [A]

It cannot increase the sentence.

[B]

It can increase the sentence, but only by increasing the number of hours of the unpaid work requirement to the maximum of 300 hours.

[C]

It can substitute any sentence which it could have passed had the Defendant been convicted by a jury.

[D]

It can pass any sentence that was available to the magistrates at the time of the original sentence.

ANSWER [D]

It can pass any sentence that was available to the Magistrates at the time of the original sentence.

[A]

Wrong. The Crown Court can increase the sentence.

[B]

Wrong. The Crown Court is not limited in the type of sentence it can pass.

[C]

Wrong. The Crown Court could not pass a sentence greater than the Magistrates could have passed.

[D]

Correct. The answer in D reflects the wording of s.48 (4) of the Senior Courts Act 1981.

BCP 2021 D29.10

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Paper reference MOCK QUESTION 8 Richard is a prosecution witness in a magistrates’ court trial in which the Defendant, Laurence, is charged with theft from a shop. Richard is a key identification witness. Richard has told the police that he does not wish to give evidence. He has a medically diagnosed phobia of speaking in public (glossophobia). He feels unable to go into the witness box. There is a medical report stating that Richard is at risk of self-harm and dangerously high blood pressure if he is told that he is required to speak in public. Special measures have been explained to Richard and he has said that they would not assist him. You are prosecuting and consider that Richard’s evidence is crucial to the prosecution case. What is the best way of ensuring Richard’s evidence is adduced? [A]

Apply for a witness summons to secure Richard’s attendance.

[B]

Apply to adduce Richard’s statement under s.114(1)(d) CJA 2003.

[C]

Apply to adduce Richard’s statement under s.116 CJA 2003.

[D]

Apply to adduce Richard’s statement under s.118 CJA 2003.

ANSWER [C]

Apply to adduce Richard’s statement under s.116 Criminal Justice Act 2003.

[A]

Not the best option – Richard is not indicating that he is refusing to come, he has given a reason, which amounts to him being unfit. This would not be the best course of action as BCP 2021 F17.13-17.14 sets out. ‘the provision (s116 CJA 2003) is thus satisfied if the witness could be brought to court but there would be no point in doing so’.

[B]

Not the best option –Whilst arguable, s114(1)(d) should be applied with caution and not as a means of circumventing s116 which is the better alternative on these facts. BCP 2021 F17.37

[C]

This is the best option – Richard does appear to be unfit to give evidence see commentary in BCP 2021 F17.13-17.14

[D]

Not the best option – s.118 is not relevant to this situation.

BCP 2021 F17.13-17.14, F17.37

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Paper reference MOCK QUESTION 9 Dino is due to attend trial at the magistrates’ court today, but cannot be located. His solicitors have repeatedly tried to contact him but with no success. They have had no contact with Dino since the last hearing. No reason has been provided for his nonattendance. The prosecution witnesses have also failed to attend because they had not been warned to attend court. What is the most likely course of action the magistrates will take? [A]

Issue a warrant for Dino’s arrest, backed with bail.

[B]

Extend Dino’s bail to a future date.

[C]

Proceed in Dino’s absence.

[D]

Issue a warrant for Dino’s arrest, not backed for bail.

ANSWER [D]

Issue a warrant for Dino’s arrest, not backed for bail.

[A]

is not the best answer as there are no reasons for the warrant being backed for bail. is not the best answer as there is no good reason provided for nonattendance. is not the best answer as the prosecution witnesses have also failed to attend. Is the single best answer

[B] [C] [D]

BCP 2021 D7.98

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Paper reference MOCK QUESTION 10 It is alleged that Seamus subjected Arvin (aged 34) to a serious sexual assault. The case is to be tried in the Crown Court and you are the Prosecutor. Arvin tells you that he is worried about giving evidence. He explains that he has no concern about speaking in Court and wants to be there in person. However, he does not like the idea of Seamus looking at him while giving his evidence because that would make him too nervous to speak coherently and he would not be able to maintain his concentration. Which special measure direction is most appropriate for Arvin? [A]

Witness anonymity order

[B]

Giving evidence in private

[C]

Using a live link

[D]

Screening from Seamus

ANSWER [D]

Screening from Seamus

[A]

This is not the most appropriate measure because the issue is not Arvin’s identity being revealed and this does not address his concern of being able to see Seamus (during cross-examination).

[B]

This is not the most appropriate measure because it does not address Arvin’s concern of being able to see Seamus.

[C]

This is not the most appropriate measure as although it would address Arvin’s concern of being able to see Seamus, it would not allow him to give live evidence in court as he wishes.

[D]

This is the most appropriate measure, and therefore the best answer, as it will address Arvin’s fear of seeing Seamus thereby maximising the quality of his evidence and will...