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Review Your SQE 1 Practice Records

Examination Timing: 00H02M34S

David is a young man who has been charged with burglary and his case has been adjourned. He is remanded in custody until the next substantive hearing after his second bail application is unsuccessful. At this hearing, after indicating a plea of not guilty, the magistrates decline jurisdiction and send David’s case to the Crown Court. David is anxious about being in custody and wants to know when a further bail application can be made on his behalf. Which ONE of the following statements is the CORRECT advice to give him?

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Your selected option: D

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David has already had two full bail applications in the magistrates' court, so Option C is incorrect as he cannot argue the same facts again. Option B is not correct because David may appeal to the Crown Court without needing to demonstrate new arguments. While a bail application can indeed be made at the Plea and Trial Preparation Hearing (PTPH), this would take several weeks, making Option D less efficient. Option E is incorrect because he cannot simply apply to a different magistrate without further steps. Therefore, Option A is the correct advice, as David can appeal to a judge in chambers in the Crown Court provided he obtains a full argument certificate from the magistrates' court first.


Key Point: Understanding bail application procedures and appeal processes in the context of English criminal law is essential. The correct procedure allows an appeal to the Crown Court if the defendant has already made two unsuccessful bail applications in the magistrates' court.

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