SQE1 sample questions

Question 81

A man is charged with the burglary of an unoccupied dwelling house from which electrical goods are stolen. He is released on bail from the police station to attend the first hearing at the Magistrates’ Court. The man has no previous convictions.

The man’s solicitor receives the initial details of the prosecution case before the first hearing and takes the man’s instructions. The man denies the allegation of burglary and his solicitor advises the man to indicate a not guilty plea at the first hearing. The man tells his solicitor that he would like to be tried at the Crown Court by a jury. He asks his solicitor how the decision will be made as to where his trial for the offence of burglary will take place.

What advice should the solicitor give in relation to how the decision will be made as to where the man’s trial will take place?

A. The magistrates will decide whether to accept jurisdiction for trial and if the magistrates accept jurisdiction the man can choose to be tried at the Crown Court by a jury.

B. The magistrates must send the case to the Crown Court for trial and the man will be tried by a jury.

C. The magistrates have exclusive jurisdiction over the man’s case and he cannot be tried at the Crown Court by a jury.

D. The magistrates will decide whether to accept jurisdiction for trial and only if the magistrates decline jurisdiction can the man be tried at the Crown Court by a jury.

E. The magistrates will invite the man to choose whether to be tried at the Crown Court by a jury.