FLaP Week 1

1. Which ONE of the following statements is FALSE?

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

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The prosecution bears the burden of disproving diminished responsibility beyond reasonable doubt
Rita bears the burden of proving diminished responsibility beyond reasonable doubt
Rita bears the burden of proving diminished responsibility on a balance of probabilities
The prosecution bears the burden of disproving diminished responsibility on a balance of probabilities

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 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 either way offence will not have a right to refuse trial by jury if the magistrates commit the case to the Crown Court

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