FLaP Week 1

1. Peter is convicted of theft in the Magistrates Court. He wishes to appeal against his sentence. In which court will his appeal be heard?

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Robbery is an either way offence so Matthew may be tried in the Magistrates Court or the Crown Court
Robbery is an indictable only offence so Matthew will be tried in the Magistrates Court
Robbery is an indictable only offence so Matthew will be tried in the Crown Court
Robbery is an indictable offence so Matthew may be tried in the Crown Court

In a Crown Court, the judge is the tribunal of law
In a Magistrates Court, the magistrate(s) is/are the tribunal of fact only
In a Magistrates Court, the magistrate(s) is/are both the tribunal of fact and law
In a Crown Court, the jury is the tribunal of fact only

A defendant charged with an either way offence will not have a right to refuse trial by jury if the magistrates commit the case to the Crown Court
A defendant charged with a summary only offence does not have a right to trial by jury
A defendant charged with an either way offence will not have a right to elect trial by jury if the magistrates accept the jurisdiction of the case
A defendant charged with an indictable only offence must always be tried by a jury

The legal burden of proving the offence is on the prosecution but Gerald bears the legal burden of proving self-defence
The legal burden of disproving the offence and proving self-defence is on the Gerald
The legal burden of proving the offence is on the prosecution but Gerald bears the evidential burden in respect of self-defence
The evidential burden and the legal burden of proving murder and disproving self-defence are on the prosecution