Chapter 1 Scenario questions - Smith, Hogan, & Ormerod's Essentials of Criminal Law 4e, Student Resources

. Eric is charged with burglary. Eric is living with a medical condition which affects his brain, and thus his ability to understand things put to him, including what a crime is, what a plea is, and what giving evidence means.
What would be the best course of action if you were Eric's Defence Counsel?

To advise him to plead guilty, due to the issue of unfitness to plead.

To raise the issue of unfitness to plead and seek to prove this on the balance of probabilities.

To advise him to plead not guilty and raise the defence of duress, due to the issue of unfitness to plead.

To raise the issue of unfitness to plead and seek to prove this beyond reasonable doubt.

. Eric is charged with burglary. Eric is living with a medical condition which affects his brain, and thus his ability to understand things put to him, including what a crime is, what a plea is, and what giving evidence means.
What would be the best course of action if you were Counsel for the Prosecution, but thought a normal criminal trial was not appropriate for this defendant?

To raise the issue of unfitness to plead and seek to prove this on the balance of probabilities.

To raise the issue of unfitness to plead and make an Attorney- General's Reference.

To raise the issue of unfitness to plead and seek to prove this beyond reasonable doubt.

To raise the issue of unfitness to plead and seek a voire dire to raise the issue after the trial has commenced.

. Bernard is also being tried for burglary in a normal criminal trial in the Crown Court, but alleges that he was not fairly treated. Specifically, he alleges that his legal team did not receive proper disclosure in order to be able to prepare for trial.
Which of the following human rights is most relevant?

Article 2 ECHR 1950.

Article 6 ECHR 1950.

Article 8 ECHR 1950.

Article 5 ECHR 1950.

. A Crown Court trial is held, and Bernard has been convicted, by a majority, for burglary. Bernard wishes to appeal against his conviction.
To whom should the application to appeal be made?

The High Court.

The Supreme Court.

The Criminal Cases Review Commission (CCRC)

The Court of Appeal.