Chapter 12 Scenario questions

. Joe is charged with being drunk and disorderly, which is a summary only offence. He intends to enter a not guilty plea. Which one of the following correctly sets out what will happen at his first appearance in the magistrates' court?

Joe will be asks to enter a plea. When he pleads not guilty, a date will be set for his trial in the magistrates' court.

Joe will be asks to enter a plea. When he pleads not guilty, the magistrates will hold an allocation hearing. If they decide his case is suitable for summary trial, Joe may accept trial in the magistrates' court or ask to be tried in the Crown Court.

Joe will be asks to enter a plea. When he pleads not guilty, the magistrates will hold an allocation hearing. If they decide his case is suitable for summary trial, Joe will be required to agree to a magistrates' court trial.

Joe will be asks to enter a plea. When he pleads not guilty, the magistrates will send him to the Crown Court for trial.

. Amit is appearing before the magistrates' court having been charged with assaulting his next-door neighbour, Deana. He enters a not guilty plea and the magistrates set a date and give directions for his trial. Amit's solicitor applies for bail with a condition of residence at Amit's home address. Amit has three previous convictions for assaulting Deana. He has always attended court when required to do so.
Which of the following statements is correct?

Amit has previous convictions so he does not have a right to bail. Amit will therefore be remanded in custody.

Amit has entered a not guilty plea so does not have a right to bail. Amit will therefore be remanded in custody.

Amit could be remanded in custody as there are substantial grounds to believe that, if released on bail, he would fail to surrender.

Amit could be remanded in custody as there are substantial grounds to believe that, if released on bail, he would commit further offences.

. Stephen is charged with sexual assault upon Jenna. He intends to plead not guilty. Jenna is extremely anxious about testifying and wants to know whether the media will be allowed to include her name in any reports about the case. Stephen is keen to ensure that his identity is protected as he is in the process of applying for a new job.
Which one of the following statements is correct?

The media will be unable to report the identities of either Stephen or Jenna.

The media will be unable to identify Jenna in any reports about the case but they will be able to name Stephen.

The media will be unable to identify Stephen in any reports about the case but they will be able to name Jenna.

The media will be unable to report anything about the case unless Stephen is convicted.

. Dan is charged with assaulting Vince. Dan accepts that he hit Vince but claims that he acted in self-defence. Which of the following propositions concerning the burden and standard of proof is correct?

The prosecution must prove beyond reasonable doubt that Dan assaulted Vince. The prosecution must also prove beyond reasonable doubt that Dan was not acting in self-defence.

The prosecution must prove beyond reasonable doubt that Dan assaulted Vince. The prosecution must also prove on the balance of probabilities that Dan was not acting in self-defence.

The prosecution must prove beyond reasonable doubt that Dan assaulted Vince. The defence must prove beyond reasonable doubt that Dan was acting in self-defence.

The prosecution must prove beyond reasonable doubt that Dan assaulted Vince. The defence must prove on the balance of probabilities that Dan was acting in self-defence.

. Patience is on trial for fraud in the Crown Court. She decides not to give evidence. Her decision is not related to any physical or mental condition; Patience simply does not want to be cross-examined.
Which one of the following statements is correct?

Patience does not have a right to silence and the judge can compel her to testify.

Patience has a right to silence so the judge must tell the jury not to hold Patience's failure to testify against her.

The judge should tell the jury that they may draw an adverse inference from Patience's failure to testify but that they must not convict Patience solely or mainly on such an inference.

The judge should tell the jury that they may draw an adverse inference from Patience's failure to testify and that they may convict Patience solely or mainly on such an inference.

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