SQE2 Practice Questions - Solicitors Qualifying Examination Part 2 (Practical Legal Skills Assessment) Exam

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A client is charged with an either-way offence of theft and appears before the magistrates' court. The magistrates accept jurisdiction and the client must decide on mode of trial. What advice should the solicitor give about the client's right to elect Crown Court trial?

The client has no right to elect; mode of trial is decided solely by the magistrates The client may only be tried in the Crown Court if the prosecution consents The client may elect trial by jury in the Crown Court even where the magistrates are willing to retain the case The client must be sent to the Crown Court because theft is an indictable-only offence

Correct Answer:

The client may elect trial by jury in the Crown Court even where the magistrates are willing to retain the case

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