Jamal is awaiting trial in the magistrates’ court on a charge of threatening behaviour contrary to s.4 of the Public Order Act 1986 (a summary offence). He was on unconditional bail, however on the day of trial, Jamal failed to attend and a bench warrant was issued for his arrest. Three weeks later, Jamal is arrested on the warrant and he has been brought before the magistrates today. Jamal’s solicitor has handed over medical evidence which confirms that, on the day of his trial, Jamal was an in-patient in hospital and was discharged two days later. When he left hospital, Jamal failed to contact either his solicitor or the court to explain why he had not attended his trial. You are the authorised court officer (formerly known as court legal adviser) and the magistrates ask you how best to proceed in respect of Jamal’s failure to surrender. What is the most appropriate advice to give them?

You prosecute Douglas, who is charged with murder. The disclosure officer has provided you with the schedule of unused material. You have already served on the defence the evidence that the prosecution intend to rely on at trial. Under your initial duty of disclosure, what unused material should now be disclosed to the defence?

Brandy (aged 13) has been convicted of four separate offences of criminal damage in the youth court. At the sentencing hearing, the magistrates are considering whether to impose a fine. What is the maximum fine that can be imposed upon Brandy?

Two police officers are called to an incident following reports of a man sitting at a bus stop who appeared to be drunk and who was abusing passers-by. Footage obtained from body cameras worn by the two officers shows them approaching a male sitting at the bus stop and engaging him in conversation. The male confirms his name as George. When asked if he has been drinking and shouting at passers-by, George denies being drunk and also denies shouting at anyone. One of the officers informs George that he is under arrest and cautions him. The footage shows George co-operating with the officers and calmly entering the police van. Nothing more is said to George until his arrival at the police station, when the custody officer informs him that he has been arrested for being drunk and disorderly. Is George’s arrest lawful?

Mark appears in the magistrates’ court for trial on a charge of common assault. Mark is unrepresented. The prosecutor opens the case and calls three witnesses to give evidence. Mark gives evidence in his defence. He does not call any defence witnesses or rely on any other evidence. Is the prosecutor entitled to make a closing speech in this case?

You are prosecuting Kelvin who is on trial in the Crown Court for s.18 GBH. It is alleged that during an argument he intentionally pushed Caitlin, his neighbour, into a glass window. The window smashed and caused significant injuries to Caitlin. During the incident, Caitlin rang the police from her mobile phone and the 999 call was recorded. Caitlin can be heard crying and asking for help because Kelvin had smashed her into the window. Caitlin gave a statement to the police but subsequently refused to attend court having told the officer in the case that she is too afraid of Kelvin. You now wish to adduce the recording of Caitlin’s 999 call to the police to prove Kelvin assaulted Caitlin. The defence object on the basis that the recording is hearsay. What is the best approach for you to take to secure the admissibility of Caitlin’s 999 call?

Paul is charged with common assault and appears before the magistrates at a first hearing, via a live link from prison, where he is a serving prisoner. Paul does not wish to be represented and when the charge is put to Paul he pleads guilty. Paul is currently serving a sentence of five years’ imprisonment for drug offences and is not due to be released for another two years. Having heard the facts of the case, the magistrates indicate that they wish to sentence Paul as soon as practicable and that they are minded to pass a short custodial sentence. Paul has told the court that there are things he wants the court to know about the circumstances of the offence before sentencing him. You are the authorised court officer (formerly known as court legal adviser). What is the best advice to give the magistrates as to how to proceed? They should

You are prosecuting Peter, who has been charged on an indictment containing a single count of burglary from his ex-partner, Constance’s house. The count is worded to allege that he entered her property as a trespasser and stole a television, a laptop, £500 in cash and a mobile phone. During the course of Constance’s evidence, it emerged that Constance had sold the television shortly before the alleged burglary and that the sum of cash stolen was £600, not £500 as alleged in the particulars of the indictment. You then close your case and the trial is adjourned. The next day, before Peter is called to give evidence, you apply to amend the indictment by replacing ‘£500’ with ‘£600’ and deleting the reference to the television. The defence case is that Peter was out of the country when the alleged burglary took place. Which of the following is the most likely course for the Judge to take?

You are prosecuting Robert who faces trial in the magistrates’ court for ABH on his neighbour, Lara. Lara is the only prosecution witness who can give evidence of the assault and she has made a witness statement supporting the prosecution. At a pre-trial hearing, the officer in the case tells you that Lara has not responded to the letter warning her to attend court for the trial. Yesterday, the officer visited Lara and she told him that she is not very happy about coming to court because she is worried about what will happen to Robert. The trial is in one week. What is the most appropriate application for you to make to secure Lara’s attendance at the trial?

You represent Dayna, who is convicted of fraud in the Crown Court and sentenced to three years’ imprisonment. She wishes to appeal against her conviction and sentence but is concerned that the time she spends in custody prior to the appeal hearing may not count towards her custodial sentence. When can a loss of time direction be made?