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You represent Connor in the Crown Court who has pleaded guilty to one count of domestic burglary. The Judge intends to give Connor the maximum available credit for his guilty plea. Connor has two previous qualifying convictions for domestic burglary and therefore meets the criteria for a mandatory minimum custodial sentence. What is the correct advice to give Connor about his sentence?

Diego is charged with burglary. In interview he was represented by a solicitor and answered ‘no comment’ to all questions. In evidence at trial he states that he gave those answers on advice from his solicitor. He also states that at the time of the offence he was with his sister at her home. How should the Judge direct the jury in respect of Diego’s failure to mention his alibi in interview?

You are prosecuting Robin in the Crown Court. She faces trial for a single count of burglary. During the course of the trial, the possibility that Robin has in fact committed the lesser offence of theft is clearly raised in the evidence. At the start of the trial you applied to amend the indictment to include an alternative count of theft, but the Judge refused your application saying it was “unnecessary”. You are now discussing with the Judge and the defence the directions to be given to the jury. The defence have already indicated to you that they will oppose any suggestion that the Judge should direct the jury on a possible alternative verdict of theft. What should you do in relation to the proposed alternative charge?

You prosecute a s.18 GBH case. The defence have indicated that the Defendant would plead guilty to s.20 GBH. You have decided that this is an acceptable resolution of the case in all the circumstances and take the view that the evidence of intent to do serious harm is very weak. What is the most appropriate next step for you to take?

Sara and David are a married couple with one child, Alex (aged 15). Sara and David have been charged with one count of cruelty to a person under the age of 16 (an either-way offence). It is alleged that they wilfully assaulted, ill-treated and neglected Alex. Sara pleaded guilty at the PTPH. David faces a trial on the indictment. Which of the following statements is correct in respect of David’s trial?

You are prosecuting Theo on a re-trial for false imprisonment of Stella (an indictable only offence). At his first trial, the jury could not reach a verdict on the false imprisonment but convicted Theo of theft of Stella’s handbag, which is alleged to have occurred at the same time as the false imprisonment. The prosecution say that Theo followed Stella into the lift in the block of flats where she lives and refused to let her get out until they reached the basement. When Stella ran off she left her handbag in the lift by accident but Theo took it. Theo relies on the defence of alibi. You wish to refer to Theo’s conviction for theft from the original trial and at the start of the re-trial make an application to adduce it. What is the Judge most likely to rule?

You are defending in a Crown Court trial for s.20 GBH. Your client maintains that she acted in self-defence and this is what she said during her full comment interview and in giving evidence at trial. Her police interview and evidence were consistent with each other. What must the Judge include in her summing up?

You represent Hassan, who is on trial for violent disorder (an either-way offence). The Prosecution allege that he took part in a fight between two rival gangs. Following his arrest and prior to being interviewed under caution, Hassan went into consultation with his solicitor, Ruth. In consultation, Hassan explained to Ruth that he did not take part in the fight and at the time it occurred he was 50 miles away, visiting his cousin, Javed. He said that he did not want to answer questions about the incident because he is a member of one of the gangs involved and he knows who took part in the fight and he was unwilling to give his cousin’s details because he did not want to get Javed involved. As a consequence of these concerns, Ruth advised Hassan to answer “no comment” to all questions put to him in interview, and Hassan followed Ruth’s advice. At trial, Hassan tells you he wants to try to avoid any inference being drawn against him by calling Ruth to give evidence about what happened at the police station. What is the correct advice to give to Hassan about the consequences of calling Ruth to give evidence in these circumstances?

You represent Delilah, who appears at the magistrates’ court for breach proceedings. It is alleged that Delilah has breached a community order imposed on her 4 months ago for an offence of theft, by failing to attend, without reasonable excuse, unpaid work appointments. The original order was imposed for 12 months with an unpaid work requirement of 120 hours. Delilah has already been dealt with by the court for breaching the order on a previous occasion. As well as failing to attend appointments it is also alleged by Probation that Delilah has, on some occasions, been uncooperative when she has attended for work. Since the imposition of the order, Delilah has completed 20 hours unpaid work. Delilah tells you that she has been ill but she has not provided any evidence supporting this. Probation indicate that they want the order to be revoked. Delilah admits the breach. What is the most likely course of action the magistrates will take in relation to the breach of Delilah’s order?

You are representing Vijay who pleaded guilty in the magistrates’ court to four offences of burglary of a non-dwelling and was committed to the Crown Court for sentence. Each of the offences involved breaking into local convenience stores and stealing cider and cigarettes of a relatively low value. The offending always took place between eleven pm and six am and at a time when Vijay was homeless. On the day of the sentencing hearing, the pre-sentence report indicates that the attitude of Vijay’s sister, Meenal, towards her brother is positive. It states that she understands how the onerous requirements of a community order might affect her but that nevertheless she has confirmed that she is happy for Vijay to live with her. The report’s author assesses the proposed accommodation arrangements as suitable. The sentencing Judge has indicated that the combination of the burglary offences is serious enough to warrant a community sentence. The case has been adjourned until the afternoon for sentence. During the lunch break Vijay asks you what sentence the Judge is likely to impose when his case is called back on. Which of the following is the best answer to Vijay’s question? A community order with