According to Code D of the Codes of Practice to PACE 1984, which one of the following would not be an appropriate reason for the police to refuse to conduct an identification procedure?

1. Where it is not reasonably practicable to hold an identification procedure.

1. Wherethe police reasonably believe a positive identification of a suspect may not be made by the witness.

1. Where the suspect is already known to the witness.

1. Where the witness does not believe they would be able to identify the person who committed the offence.

QUESTION 2

Patrick is charged with theft (from a shop). He says that he meant to pay for the items it is alleged he stole but became distracted when he saw someone stealing his car. He left the shop to investigate, still carrying some food items and a daily newspaper that he had not yet paid for. Patrick was apprehended by a store detective whilst he was outside the shop with the items. Patrick has previous convictions for careless driving and speeding. Patrick is unemployed but does voluntary work at the local Citizens Advice Bureau and is also a lay preacher at his local church. He intends to plead not guilty and applies for a legal aid.

In relation to Patrick's application for legal aid, which one of the following matters is relevant to the interests of justice test?

A. Loss of livelihood.

B. Serious damage to reputation.

C. The fact that he is likely to satisfy the means test.

D. Deprivation of liberty.

QUESTION 3

Theo has just been convicted of manslaughter following a trial in the Crown Court. It has now come to the attention of his lawyer that a member of the jury was deaf and could not have followed any of the evidence presented a trial.

Will Theo be able to appeal against his conviction because of the member of the jury's unfitness to serve in accordance with section 18 of the Juries Act 1974 and the decision in R v Chapman and Lauday (1976) 63 Cr App R 75?

1. Yes, because the member of the jury was unfit to serve this will have deprived Theo of his right to a fair trial in violation of Article 6 of the ECHR.

1. Yes, because the member of the jury was unfit to serve this will automatically mean that Theo's conviction was unsafe.

1. No, because this should have been apparent at the time the juror was sworn in when taking his juror oath.

1. No, because a conviction cannot be challenged on the basis that a juror was unfit to serve, but it may be relied on more generally to argue the conviction was unsafe.

QUESTION 4

You act for Don who has pleaded guilty to theft and is to be sentenced in the magistrates' court. 22 months ago Don was sentenced to six months' imprisonment, suspended for two years, by the Crown Court for an offence of affray.

Which one of the following statements is correct in relation to the sentencing court's powers when dealing with Don's suspended sentence?

1. The magistrates court must activate the earlier suspended sentence of imprisonment.

1. The earlier suspended sentence of imprisonment will be activated to run consecutively with any sentence for the present offence.

1. The earlier suspended sentence of imprisonment may be activated but the term may be reduced.

1. There is no presumption that the earlier suspended sentence of imprisonment should be activated.

QUESTION 5

Gabby pleads guilty to offences of theft and fraud in the magistrates' court. The prosecution summary of the facts states that Gabby stole petty cash from her employer and used her employer's credit card without their knowledge in order to buy presents for herself and her family. Gabby had worked for the employer for 5 years and was in charge of purchasing stock for the office. Over a period of 9 months she stole over 20,000. Gabby has been dismissed by her employers who have stated that the loss of the money is a significant one which they can ill-afford to sustain. Gabby is 25 and has no previous convictions. She has a child aged 4 and lives in rented accommodation. Having regard to the nature of the offending the magistrates decline to sentence Gabby and commit her to the Crown Court for sentencing.

With reference to the purposes of sentencing set out in Section 57 of the Sentencing Act 2020, which one of the following statements is correct in relation to what the Crown Court Judge must have regard to when sentencing Gabby?

1. Imprisoning Gabby for her offending behaviour.

1. Reform of Gabby and whether she has shown remorse.

1. The sentence fixed by law for these two offences.

1. Making reparation by Gabby to her former employers.