Try Magic Notes and save time.Try it free
Try Magic Notes and save timeCrush your year with the magic of personalized studying.Try it free

CLE All MCQs

Get a hint
According to Rule 3.2 of the Criminal Procedure Rules, which ONE of the following MUST the court do to further the overriding objective?

A - Determine whether a defendant is likely to plead guilty or not guilty
B - Actively manage cases
C - Decide what issues are in dispute as early as possible
D - Provide the parties with directions in all cases
Click the card to flip 👆
1 / 31
1 / 31
Terms in this set (31)
According to Rule 3.2 of the Criminal Procedure Rules, which ONE of the following MUST the court do to further the overriding objective?

A - Determine whether a defendant is likely to plead guilty or not guilty
B - Actively manage cases
C - Decide what issues are in dispute as early as possible
D - Provide the parties with directions in all cases
ANSWER: B
The court's duty under r.3(2) is to further the overriding objective by actively managing the case This will include early identification of the real issues; the needs of witnesses; achieving certainty; monitoring the progress of the case; ensuring evidence is presented in the shortest an clearest way; discouraging delay; encouraging the parties to co-operate with the progression of the case and making use of technology
Which ONE of the following accurately describes the jurisdiction of the High Court in criminal matters?

A - To hear an appeal by way of case stated on a point of law from the magistrates' court
B - To hear an appeal against conviction and / or sentence from the Crown Court
C - To hold a trial in relation to an allegation of murder
D - To determine an appeal against a refusal of bail from the magistrates' court
ANSWER: A

B - The Court of Appeal (Crim Div) hears appeals against conviction and / or sentence from the Crown Court
C & D - The Crown Court will be the venue for a murder trial and will also determine bail appeals from a refusal of bail from the magistrates' court
Which ONE of the following statements accurately describes the classification of the offences of rape and murder?

A - Rape is an either way offence and murder is an indictable offence
B - Rape is an either way offence and the murder is an indictable only offence
C - Rape is a summary offence and murder is an either way offence
D. - They are both indictable only offences
ANSWER: D
Both of these offences are indictable only offences and so can only be tried on indictment in the Crown Court
Sheena has been raped at knife point whilst walking through a park in the evening. Sheena is able to describe her assailant but at this stage the police do not have a suspect they believe may have committed this offence.

Assume that Sheena sees a photograph of Rob and believes he is the person who raped her. Rob is arrested and as part of the investigation, the police want to obtain a blood sample from him as well as a swab taken from his genitals.

According to s.62 PACE, which ONE of the following statements is CORRECT?

A - The taking of such intimate samples must be authorized by an officer not below the rank of superintendent
B - These samples may be obtained if an officer not below the rank of inspector authorises this and Rob provides consent which may be given orally or in writing
C - As this is a recordable offence reasonable force can be used to obtain the samples if Rob refuses to give consent
D - If Rob refuses to give consent to the taking of these intimate samples inferences can be drawn from any such refusal in subsequent proceedings
ANSWER: D

A - Both of these samples are described as 'intimate samples' and so the authorization from an officer not below the rank of inspector is required
B - Rob would have to give his consent in writing
C - Force cannot be used to obtain an intimate sample
Tariq has been charged with burglary (an either way offence). It is alleged that he broke into a dwelling house at night time which he had deliberately targeted as it was occupied by an elderly couple and stole items of a high value as well as soiling and ransacking the premises.

Assuming that Tariq indicates a not guilty plea at plea before venue, which ONE of the following statements concerning the allocation hearing of Tariq's case is CORRECT?

A - The court must have regard to the fact that the burglary was of a dwelling house, occupied by an elderly couple who had been targeted by Tariq and where the value of goods was high and there was soiling and ransacking
B - The court may give the prosecution and the accused leave to make representations on the issue of jurisdiction if they take the view that this would be of assistance
C - Either way offences should be tried on indictment unless it is likely that the court's sentencing powers will be insufficient
D - The court may have regard to the definitive allocation guideline issued by the Sentencing Council when reaching its decision on jurisdiction
ANSWER: A
Under the Allocation Guideline the court must have regard to whether the circumstances make the offence one of a serious character
The fact that the burglary was a dwelling house which was occupied and was deliberately targeted and that high value goods were stolen and there was also soling and ransacking make it an offence of greater harm and higher culpability and therefore make it an offence of serious character

B - s.19 Magistrates' Courts Act 1980: The court MUST give the prosecution and the accused an opportunity to make representations on the issue of jurisdiction
C - The Allocation Guideline states that in general the court should deal with either way offences summarily (not on indictment) unless their powers of punishment are insufficient
D - s.19 MCA: The court MUST have regard to the Allocation Guideline issued by the Sentencing Council when reaching its decision on jurisdiction