You represent Shamira who is charged with blackmail (an indictable only offence). When the police searched her home, they found incriminating articles including photographs and a mobile phone from which texts to the alleged victim were sent. You take the view that the search was conducted in breach of PACE 1984 and the Codes of Practice and that the search breached Shamira’s right to privacy guaranteed by Article 8 of the European Convention on Human Rights (ECHR). At the start of the trial, you make an application under PACE s.78 to exclude the evidence seized during the search. Which point is the Judge likely to consider most important when determining your application?

You are prosecuting Liam who is on Crown Court trial for s.18 GBH. It is the day of trial and you are informed that one of the prosecution witnesses is incapacitated in hospital having been hit by a car. The defence do not contest the witness’s evidence and want it adduced. What is the most appropriate action for you to take in relation to this witness’s evidence?

Kevin has been convicted of s.18 GBH and is to be sentenced in the Crown Court. The Judge believes that a sentence under the dangerous offender provisions may be appropriate. He is considering whether Kevin is a dangerous offender under the Sentencing Act 2020. What test must the Judge apply to determine this?

You represent Samuel at his sentencing hearing today which is listed before HHJ Simon. Samuel appeared before HHJ Ahmed eight weeks ago when, following a request from the defence, HHJ Ahmed gave an indication of sentence. Having heard the indication Samuel entered a guilty plea and his case was adjourned for sentence. Is HHJ Ahmed’s indication given to Samuel still valid and does it bind HHJ Simon when passing sentence?

You are prosecuting Jasmine in the Crown Court. She is charged with s.18 GBH. The prosecution case is that she struck her boyfriend Leo over the head with a brick and fractured his skull. Leo was convicted of ABH five years ago following an incident in which he struck and injured his ex-girlfriend. Jasmine has two previous convictions for common assault and one for theft, all within the past two years. Before the trial began the Judge ruled that neither Jasmine’s nor Leo’s bad character could be adduced. While giving evidence during the trial Jasmine states “I’ve been no angel, but at least I’m not a wife beater like Leo. He’s been convicted for beating his last girlfriend”. What is your best course of action in relation to Jasmine’s previous convictions?

Justin and Thomas are jointly charged with blackmailing Hilary. Justin gives evidence and says that neither he nor Thomas ever made any threats to Hilary. Is Counsel for Thomas able to cross-examine Justin?

Hannah has been arrested for s.18 GBH. She was arrested after a police officer found her down an alleyway, covered in blood, standing next to the victim, who was unconscious on the ground. At the police station, Hannah’s request to consult a solicitor is refused and thereafter she is interviewed. The interviewing officer does not give Hannah the normal caution. Instead, at the beginning of the interview, he cautions her by saying: “You do not have to say anything, but anything you do say may be given in evidence.” Later on in the interview, he wishes to ask Hannah to account for her presence in the alleyway and the blood on her clothing. Which of the following correctly sets out the next step to be taken by the interviewing officer?

You are prosecuting Sam for GBH in the Crown Court. The Crown’s case is that Sam was drunk on a night out and attacked Jimi without provocation by headbutting him. Sam accepts that he headbutted Jimi but has pleaded not guilty on the basis of self-defence, as confirmed in his defence statement. He claims that earlier in the night Jimi had threatened to stab him and that he only headbutted Jimi because he believed Jimi was going to carry out the threat. The headbutt was witnessed by Rebecca, who is due to give evidence at trial. During your review of the unused material, you discover the following: 1. Sam has a previous conviction for drunken violence involving the use of a headbutt.2. Rebecca has a previous conviction for careless driving.3. Jimi has three previous convictions for violence involving the use of a knife. Which of the above should you now disclose to the defence pursuant to your continuing duty to disclose unused material?

Margaret appears before the Crown Court charged with ABH. After several hours considering their verdict, the jury are unable to reach a decision. The Judge enquires if there is any chance of them reaching a verdict and, having been told that there is not, he discharges the jury. What is the likely next step?

You represent Bob, who is charged with robbery and taking a motor vehicle without the owner’s consent (a summary only offence). It is alleged that Bob robbed a local bank and drove off in a stolen car. At the first hearing, Bob indicates to you that he wants to plead not guilty to both offences and asks you where he will be tried. What is the correct advice to give Bob?