FLaP Week 1

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1. Peter is convicted of theft in the Magistrates Court. He wishes to appeal against his sentence. In which court will his appeal be heard?

  • The Crown Court
  • The Supreme Court
  • The Court of Appeal
  • The Divisional Court
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2. Matthew is charged with robbery and wants to plead not guilty. He asks you where his trial will take place. Which is the correct answer?

  • Robbery is an either way offence so Matthew may be tried in the Magistrates Court or the Crown Court
  • Robbery is an indictable offence so Matthew may be tried in the Crown Court
  • Robbery is an indictable only offence so Matthew will be tried in the Magistrates Court
  • Robbery is an indictable only offence so Matthew will be tried in the Crown Court

3. Gerald is charged with battery and wishes to plead self-defence. Which of the following statements is true?

  • The legal burden of proving the offence is on the prosecution but Gerald bears the evidential burden in respect of self-defence
  • The evidential burden and the legal burden of proving murder and disproving self-defence are on the prosecution
  • The legal burden of proving the offence is on the prosecution but Gerald bears the legal burden of proving self-defence
  • The legal burden of disproving the offence and proving self-defence is on the Gerald

4. Which ONE of the following statements is FALSE?

  • In a Crown Court, the jury is the tribunal of fact only
  • In a Magistrates Court, the magistrate(s) is/are the tribunal of fact only
  • In a Crown Court, the judge is the tribunal of law
  • In a Magistrates Court, the magistrate(s) is/are both the tribunal of fact and law

5. Which ONE of the following statements is FALSE?

  • A defendant charged with an either way offence will not have a right to elect trial by jury if the magistrates accept the jurisdiction of the case
  • A defendant charged with a summary only offence does not have a right to trial by jury
  • A defendant charged with an indictable only offence must always be tried by a jury
  • A defendant charged with an either way offence will not have a right to refuse trial by jury if the magistrates commit the case to the Crown Court
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Multiple Choice Questions taken from Chapter 1 of Nicola Monaghan's Criminal Law 6th Edition text book.