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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?

You represent Brian at his PTPH on a single count of theft of £5,000 in cash from his employer. Brian pleads guilty but is adamant that he stole only £100 in cash. You ask prosecution counsel to agree a written basis of plea but they refuse. What is the correct approach for the Judge to take when dealing with Brian’s plea?

Abigail is convicted of theft following a trial in the magistrates’ court. She is sentenced to a community order with a rehabilitation activity requirement, together with an unpaid work requirement of 150 hours. She wishes to appeal to the Crown Court against conviction but not against sentence. What are the powers of the Crown Court if it dismisses Abigail’s appeal against conviction?

You represent Anwar, who was convicted of sexual assault following summary trial. He was sentenced to a community order. You are of the opinion that, when giving their reasons for conviction, the magistrates defined ‘consent’ incorrectly. In conference, after the hearing, Anwar asks you if he can appeal his conviction to the Divisional Court as a result of the magistrates’ reasons. What is the correct advice to give Anwar about an appeal to the Divisional Court?

Miriam is charged with ABH on PC Wilson. He subsequently recorded his recollection of the incident in his notebook. At Miriam’s trial in the Crown Court six months later, PC Wilson’s recollection is hazy. In his evidence-in-chief, he states that his recollection of the incident was written up in his pocket notebook. Can PC Wilson refresh his memory from his pocket notebook?

Five defendants are appearing on the same day in the magistrates’ court jointly charged with burglary of commercial premises. Each of the defendants is intending to plead not guilty. None of them has previous convictions. Having heard the prosecution case and consulted the relevant sentencing guidelines, the district judge has formed the view that although the offence crosses the custody threshold, the magistrates’ court’s sentencing powers are sufficient to deal with each defendant should they be convicted. What is the best approach for the district judge to take to the allocation (mode of trial) hearing?

You are prosecuting Stephanie, who is on trial in the Crown Court for an offence of kidnapping (an indictable only offence). On the day of trial, you are informed that Margot, a prosecution witness, will not be coming to Court. She has fled the country in fear of her safety, as Stephanie threatened to burn her alive if she came to court. While a useful witness, Margot is not essential to your case and her statement also contains a lot of material useful to the defence case. Therefore, you decide not to rely on her evidence. The defence make an application for Margot’s statement to be admitted as hearsay on the basis that she has not attended through fear. What is the most appropriate response to the defence application?

You represent Malachi at his sentencing hearing. At the PTPH Malachi pleaded guilty to a single offence of domestic burglary. The Judge ordered a pre-sentence report (PSR) on an ‘all options’ basis and warned Malachi that he was at significant risk of a custodial sentence being imposed. This is Malachi’s first offence and the author of the PSR assesses Malachi to be suitable for a community order or a suspended sentence order. Malachi asks you whether the Judge will take into account his guilty plea in deciding whether to impose a community order or a suspended sentence order. What is the correct advice to give Malachi? The sentencing judge

You represent Khalid, who has pleaded not guilty to a charge of possessing a prohibited weapon (an indictable only offence). Khalid’s defence is duress, and his defence statement sets out that he agreed to look after the weapon for Tariq, after Tariq made threats of serious violence against Khalid if he did not do so. Khalid also states that he only agreed because he believed the threats were true and he was scared for his life. Khalid informs you in conference that he has been told that Tariq has recently fled to Afghanistan where he is now in hiding. At a pre-trial hearing prosecution counsel tells you that if Khalid proposes to give evidence of what he alleges Tariq said to him, the prosecution will argue that it is inadmissible hearsay. What is the correct response to this assertion? That the evidence

You represent Denise, who is charged on an indictment with ten counts. Counts 1 and 2 are in the alternative and relate to the same credit card. Count 1 alleges theft of the card. Count 2 alleges dishonestly receiving it. Counts 3 to 10 each allege that Denise used the card fraudulently to purchase goods. Denise has been remanded in custody pending her PTPH. You have a conference with her in prison during which she instructs you that she stole the card and that she used it to purchase all the goods specified in Counts 3 to 10. She also tells you that she does not wish to be produced at court because she fears losing her place in her current prison cell and would prefer to be arraigned over a live link or for you to enter pleas on her behalf. What is the correct advice to give Denise?