SQE1 sample questions

Question 98

A woman is on trial at the Crown Court for an alleged offence of robbery.

At the trial, the prosecution presents its case. The prosecution’s case includes evidence from a witness who states that he saw the woman commit the robbery. The woman’s solicitor advocate challenges the witness’s evidence robustly in cross-examination. After the prosecution concludes its case, the woman’s solicitor advocate makes a submission of no case to answer in the jury’s absence. This submission is successful.

Before the jury returns and the court proceedings continue, the woman asks her solicitor advocate what will happen next, and says that she does not want to give evidence.

What advice should the solicitor advocate give to the woman?

A. The judge will sum up the case and the jury will retire to consider a verdict.

B. The judge will direct the jury to return a not guilty verdict and the woman will be acquitted.

C. The judge will order the trial to continue but will direct the jury that an adverse inference cannot be drawn if the woman does not now give evidence.

D. The judge will dismiss the jury and order a retrial.

E. The judge will allow the solicitor advocate to make the submission of no case to answer to the jury.