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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

PC Smith suspects Masood of having committed a burglary. She decides not to arrest Masood because she reasonably believes it is not necessary. Instead, she invites Masood to come to a designated police station the following afternoon for a voluntary interview. As agreed, Masood attends the police station. He is taken to an interview room where he is interviewed under caution. Fifteen minutes into the interview, PC Smith takes the view that it is necessary to arrest Masood as he has made a number of incriminating comments. She arrests Masood and the interview continues for a further 15 minutes. Later that day, Masood is charged with burglary. When should a custody record for Masood have been opened?

You represent Dayna, who is convicted of fraud in the Crown Court and sentenced to three years’ imprisonment. She wishes to appeal against her conviction and sentence but is concerned that the time she spends in custody prior to the appeal hearing may not count towards her custodial sentence. When can a loss of time direction be made?

Jamal is awaiting trial in the magistrates’ court on a charge of threatening behaviour contrary to s.4 of the Public Order Act 1986 (a summary offence). He was on unconditional bail, however on the day of trial, Jamal failed to attend and a bench warrant was issued for his arrest. Three weeks later, Jamal is arrested on the warrant and he has been brought before the magistrates today. Jamal’s solicitor has handed over medical evidence which confirms that, on the day of his trial, Jamal was an in-patient in hospital and was discharged two days later. When he left hospital, Jamal failed to contact either his solicitor or the court to explain why he had not attended his trial. You are the authorised court officer (formerly known as court legal adviser) and the magistrates ask you how best to proceed in respect of Jamal’s failure to surrender. What is the most appropriate advice to give them?

Brandy (aged 13) has been convicted of four separate offences of criminal damage in the youth court. At the sentencing hearing, the magistrates are considering whether to impose a fine. What is the maximum fine that can be imposed upon Brandy?