Chapter 13 Self-test questions

. The following are documents that are commonly found in criminal proceedings. Match the name of each document with the appropriate description.

A document prepared for Crown Court trial that sets out the charges against a defendant. = Indictment

A statement made orally or in writing before the magistrates’ court alleging that a person has committed an offence. = Information

A requirement to appear before a magistrates’ court to answer a written charge. = Requisition

A document issued by the court requiring the police to arrest the person named in it and to bring that person before the court. = Warrant

. All criminal offences are indictable offences.

True

False

. All criminal proceedings commence in the magistrates’ court.

True

False

. Which of the following statements is true?

Where an offence is summary only, proceedings must be brought within one month of the offence.

Where an offence is summary only, proceedings must be brought within six months of the offence.

Where an offence is summary only, proceedings must be brought within twelve months of the offence.

Where an offence is summary only, there is no time limit within which proceedings must commence.

. Where an offence is triable either way, the hearing at which the court determines the appropriate venue for trial is known as the __________ hearing.

. A plea and trial preparation hearing must take place where a case is to be tried in the Crown Court.

True

False

. An indictment may name more than one defendant and may contain more than one count.

True

False

. Which of the following are conditions that can properly be attached to a defendant's bail? Please select all that apply.

A surety.

A condition of residence.

A curfew.

A condition of reporting daily to a police station.

. When preparing for trial, the prosecution is not required to disclose to the defence any material that might undermine the prosecution case.

True

False

. 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.

. Where a defendant decides not to testify in their own defence, the jury may be entitled to draw an adverse inference against the defendant. In an appropriate case, the jury may convict the defendant solely on the basis of an inference from silence.

True

False

. A defendant is always entitled to represent himself and to cross-examine witnesses personally.

True

False

. Which of the following statements is true?

The overriding objective of the criminal justice system is that criminal cases be dealt with severely.

The overriding objective of the criminal justice system is that victims be dealt with sensitively.

The overriding objective of the criminal justice system is that criminal cases be dealt with justly.

The overriding objective of the criminal justice system is that criminal cases be dealt with swiftly.

. Which of the following are grounds upon which the prosecution may be permitted to introduce evidence of a defendant's bad character in a Crown Court trial? Please select all that apply.

The defendant agrees to bad character evidence being introduced.

The defendant has suggested that he is an honest man when in fact he has several previous convictions for dishonesty offences.

The defendant maintains that the police have deliberately 'fitted him up'.

The prosecution think that they would be more likely to secure a conviction if the jury were made aware that the defendant has previous convictions.

. A jury in a criminal trial always starts out with twelve jurors. Assuming that there are still twelve jurors present at the conclusion of the trial, how many of them must agree for a majority verdict?

Six.

Seven.

Ten.

Eleven.

. A person who has been acquitted of murder cannot be tried again for the same offence due to the double jeopardy rule.

True

False