BPTC Criminal Litigation 3 — Questions and Answers
Question 1: What is the purpose of a 'preparatory hearing' in serious fraud cases?
- To take the defendant's plea before a jury is sworn
- To identify and narrow the issues before the jury is empanelled, in order to promote efficiency (Correct answer)
- To rule on admissibility of expert evidence only
- To allow the defendant to change their legal representation
Correct answer: To identify and narrow the issues before the jury is empanelled, in order to promote efficiency
Preparatory hearings under the CJA 1987 enable the judge to make rulings on legal and evidential issues before the trial proper begins, saving court time.
Question 2: Under s.34 Criminal Justice and Public Order Act 1994, adverse inference may be drawn when:
- The defendant refuses to take the oath
- The defendant fails to mention when questioned a fact later relied on in their defence (Correct answer)
- The defendant exercises the right to silence after charge
- The defendant refuses to provide a DNA sample
Correct answer: The defendant fails to mention when questioned a fact later relied on in their defence
Section 34 allows the court or jury to draw an adverse inference if the defendant failed to mention a fact during police questioning that they later rely on in their defence.
Question 3: Which test does the Court of Appeal apply when deciding whether to admit fresh evidence on appeal?
- The balance of probabilities test
- The test under s.23 Criminal Appeal Act 1968 — whether the evidence is capable of belief and may afford a ground for appeal (Correct answer)
- The beyond reasonable doubt test
- The no case to answer test
Correct answer: The test under s.23 Criminal Appeal Act 1968 — whether the evidence is capable of belief and may afford a ground for appeal
Section 23 of the Criminal Appeal Act 1968 allows the Court of Appeal to admit fresh evidence if it is capable of belief, may afford a ground of appeal, and there is a reasonable explanation for the failure to adduce it at trial.
Question 4: What does the doctrine of 'abuse of process' allow the defence to argue?
- That the defendant did not commit the actus reus
- That the proceedings should be stayed because the prosecution has acted in a way that would bring the justice system into disrepute (Correct answer)
- That the evidence is hearsay and inadmissible
- That the defendant has diminished responsibility
Correct answer: That the proceedings should be stayed because the prosecution has acted in a way that would bring the justice system into disrepute
An abuse of process application asks the court to stay proceedings on the ground that continuing them would amount to an affront to justice, for example where there has been entrapment or excessive delay.
Question 5: In a contested committal for sentence to the Crown Court, the magistrates must be satisfied that:
- The defendant is a repeat offender
- The offence (either-way) is so serious that the Crown Court's greater sentencing powers are required (Correct answer)
- The defendant consents to Crown Court sentencing
- The CPS has requested Crown Court sentencing
Correct answer: The offence (either-way) is so serious that the Crown Court's greater sentencing powers are required
Magistrates may commit an either-way offender to the Crown Court for sentence under the Powers of Criminal Courts (Sentencing) Act 2000 if their powers of punishment are inadequate.
Question 6: A 'Voluntary Bill of Indictment' is used when:
- The defendant pleads guilty in the magistrates' court
- The prosecution wishes to prefer a bill directly to the Crown Court, bypassing the normal committal or sending procedure (Correct answer)
- A defendant appeals a conviction from the magistrates' court
- The judge orders a retrial after a hung jury
Correct answer: The prosecution wishes to prefer a bill directly to the Crown Court, bypassing the normal committal or sending procedure
A voluntary bill allows the prosecution, with the consent of a High Court judge, to prefer an indictment directly, used for example where a previous indictment was defective.
BPTC Criminal Litigation 3
What is the purpose of a 'preparatory hearing' in serious fraud cases?