Court Procedure Practice Questions

Free NPPF Step 2 Court Procedure questions with full answers, for Sergeant and Inspector candidates.

20+ questions in the full bankType A format

About this topic

Court procedure questions test how cases move through the magistrates' court and the Crown Court, including the classification of offences, allocation and sending.

Expect questions on indictable only and either way offences, the defendant's right to elect, and witness competence and compellability.

Key legislation and cases

Crime and Disorder Act 1998, s.51
Magistrates' Courts Act 1980
Youth Justice and Criminal Evidence Act 1999

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

DC Webb has charged a defendant with robbery - a triable only on indictment offence. The case appears before the magistrates court for the first time. Which of the following correctly describes what the magistrates court will do?

AThe magistrates court will conduct a plea before venue hearing and if the defendant pleads not guilty will decide whether to retain the case or send it to the Crown Court
BThe magistrates court will hold a mode of trial hearing and if the case is considered too serious will decline jurisdiction and commit the case to the Crown Court for trial
CThe magistrates court has no jurisdiction to try an indictable only offence - it must send the case to the Crown Court under s.51 Crime and Disorder Act 1998
DThe magistrates court will take a plea from the defendant and if the defendant pleads not guilty will send the case to the Crown Court - a guilty plea may be dealt with in the magistrates court

Show answer and explanation

Answer: C

Under s.51 Crime and Disorder Act 1998 where an adult appears before a magistrates court charged with an indictable only offence the court must send the case to the Crown Court. There is no plea before venue, no mode of trial hearing, and no discretion to retain the case. The magistrates court has no jurisdiction to try indictable only offences. Robbery carries a maximum of life imprisonment and is indictable only - the mandatory sending procedure applies immediately.

s.51 Crime and Disorder Act 1998

s.51(1): where an adult appears or is brought before a magistrates court charged with an offence triable only on indictment the court shall send him forthwith to the Crown Court for trial.

A: Plea before venue applies to either way offences - not indictable only offences. For indictable only offences there is no plea before venue procedure. The case must be sent to the Crown Court under s.51 without any such hearing.
B: Mode of trial hearings apply to either way offences. For indictable only offences there is no mode of trial procedure - the magistrates have no jurisdiction to try such cases.
D: The magistrates court does not take a plea from the defendant for indictable only offences before sending to the Crown Court. The plea is entered at the Crown Court. The mandatory sending procedure under s.51 applies regardless of what plea the defendant might indicate.

Worked question 2 of 2Standard

Morrison is charged with theft - an either way offence. He appears before the magistrates court. The magistrates consider the case is suitable for summary trial. Morrison indicates a not guilty plea. Which of the following correctly describes the next stage?

ABecause the magistrates have accepted jurisdiction and Morrison has indicated not guilty the case must remain in the magistrates court - he has no right to elect Crown Court trial at this stage
BEven where the magistrates accept jurisdiction for an either way offence the defendant retains the right to elect trial by jury in the Crown Court
CThe magistrates may only offer Morrison the option of Crown Court trial if the case involves an aggravating feature making it more serious than the typical either way offence
DMorrison may elect Crown Court trial only if he confirms a not guilty plea in writing at the magistrates court - an oral indication of not guilty is insufficient to trigger the election right

Show answer and explanation

Answer: B

For either way offences the procedure involves two stages. First the magistrates consider mode of trial. If they accept jurisdiction the second stage is offering the defendant the choice. Under s.20 Magistrates' Courts Act 1980 even where the magistrates decide the case is suitable for summary trial the defendant retains the right to elect trial by jury in the Crown Court. This right is unconditional - the defendant does not need to give reasons and no aggravating feature is required.

s.20 Magistrates' Courts Act 1980

s.20(1): where the court has decided that the offence appears suitable for summary trial the court shall explain to the accused that he may consent to be tried summarily or if he wishes be tried by a jury and ask the accused whether he consents to be tried summarily or wishes to be tried by a jury.

A: The defendant's right to elect Crown Court trial exists regardless of whether the magistrates have accepted jurisdiction. The magistrates' decision and the defendant's election are two separate stages - accepting jurisdiction does not remove the defendant's election right.
C: The right to elect Crown Court trial is unconditional for either way offences. It does not depend on any aggravating feature or assessment of seriousness.
D: There is no requirement for written confirmation before the election right is triggered. The defendant's oral election of Crown Court trial is sufficient.

Practise every Court Procedure question

The full bank has 20+ questions on Court Procedure and over 1,100 across the whole syllabus, each with the statute and an explanation for every option. £29 for 6 months.

Get full access Try 5 free questions