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Return to English Legal System, 5e Student Resources
Chapter 18 Scenario questions
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Roy pleaded guilty to theft of an iPad from a shop and was sentenced in the magistrates' court to 18 weeks' imprisonment. He now says that someone else stole the iPad and he wants to appeal against both his conviction and his sentence.
Which of the following statements is correct?
Roy can appeal to the Crown Court against sentence. He pleaded guilty so cannot appeal against his conviction.
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Roy can appeal to the Crown Court against both his conviction and sentence.
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incorrect
Roy can appeal to the Court of Appeal against sentence. He pleaded guilty so cannot appeal against his conviction.
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Roy can appeal to the Court of Appeal against both his conviction and sentence.
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Stephen pleaded guilty to criminal damage. The magistrates imposed a custodial sentence of six weeks. Stephen has given a notice of appeal to the Crown Court and has asked his solicitor, Jayne, to apply for bail pending his appeal.
Which of the following statements is correct?
The magistrates do not have the power to grant bail to Stephen once he has given notice of appeal.
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Stephen can apply to the Crown Court for bail while he awaits the hearing of his appeal.
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Stephen can apply to the High Court for bail pending appeal.
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Stephen cannot apply for bail because he has been sentenced to imprisonment.
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Bilal was convicted of causing GBH with intent following a jury trial. In addition to other evidence against Bilal, a witness identified him as the attacker. Bilal maintained that he was not present during the attack and the witness was mistaken. Bilal intends to appeal against his conviction because the judge failed to give the jury a direction about how to approach the identification evidence.
Which of the following correctly states the approach the Court of Appeal will take in Bilal's case?
The Court of Appeal will allow the appeal because the judge misdirected the jury.
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The Court of Appeal will allow the appeal because the judge failed to give the jury an important direction.
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The Court of Appeal will allow the appeal if it considers the conviction to be unsatisfactory in light of the judge's error.
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The Court of Appeal will allow the appeal if it considers the conviction to be unsafe in light of the judge's error.
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Janette was involved in a road traffic accident with another vehicle driven by Claude. Claude brings a claim against Janette for damages. The claim was allocated to the small claims track and, following the final hearing, a District Judge awarded Claude £2,300 for the damage to his vehicle and £450 for a minor whiplash injury he suffered in the collision. Janette wishes to appeal against the sum awarded to Claude and the District Judge has given her permission to appeal.
Which type of court and judge will hear Janette's appeal?
Janette's appeal will be heard by a Circuit Judge in the county court.
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Janette's appeal will be heard by a Circuit Judge in the High Court.
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Janette's appeal will be heard by a High Court Judge in the High Court.
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Janette's appeal will be heard by a single judge of the Court of Appeal.
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Holly was injured in an accident at work and brought a successful claim in the county court against her employers, Barge Industries Ltd., who appealed to a Circuit Judge in the county court. The appeal was dismissed. Barge Industries have now instructed new solicitors to advise whether they can appeal against the Circuit Judge's decision. Toby is a trainee solicitor at the firm. His supervisor asks him to research the law and draft a note explaining whether Barge Industries have a right to appeal.
What should Toby say about whether a second appeal is possible?
Toby should tell his supervisor that it is not possible to appeal a second time.
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Toby should tell his supervisor that Barge Industries may be able to appeal to the High Court if the High Court gives permission to appeal.
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Toby should tell his supervisor that Barge Industries may be able to appeal to the High Court if the Court of Appeal gives permission.
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Toby should tell his supervisor that Barge Industries may be able to appeal to the Court of Appeal if the Court of Appeal gives permission.
correct
incorrect
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