Basic Principles Flashcards
What are ‘facts in issue’ in a criminal trial?
A. The essential elements each party must prove to support their case
B. Any facts mentioned by witnesses in their statements
C. Disputed facts only raised during closing speeches
D. Background facts used to set the scene
A – The essential elements each party must prove to support their case
Explanation: Facts in issue are those the parties must prove to win — e.g. elements of the offence for the prosecution.
Which of the following is used to agree a witness statement without calling the witness to court?
A. Judicial notice
B. s.9 Criminal Justice Act 1967
C. s.10 Criminal Justice Act 1967
D. Circumstantial inference
B – s.9 Criminal Justice Act 1967
Explanation: Under s.9, parties may agree a witness statement in writing. It is read in court and has the same weight as live testimony.
Which of the following best describes circumstantial evidence?
A. First-hand evidence of an event
B. A jury’s personal knowledge of a location
C. Indirect evidence that suggests a fact by inference
D. Evidence agreed under s.10 CJA 1967
C – Indirect evidence that suggests a fact by inference
Explanation: Circumstantial evidence supports a fact by suggestion, not direct observation — like finding a train ticket near the scene.
When is otherwise relevant evidence excluded?
A. If the defence objects to it
B. If it contradicts the burden of proof
C. If the court lacks jurisdiction
D. If it breaches an exclusionary rule (e.g. fairness or illegality)
D – If it breaches an exclusionary rule (e.g. fairness or illegality)
Explanation: Even relevant evidence may be excluded if it undermines the fairness of the trial, e.g. obtained unlawfully.
The prosecution wants to prove that a stolen item was owned by someone else. The defence does not dispute this. What is the best approach?
A. Agree the fact under s.10 CJA 1967
B. Force the witness to attend court anyway
C. Use judicial notice
D. Let the jury decide based on inference
A – Agree the fact under s.10 CJA 1967
Explanation: Where the parties do not dispute a fact, it can be formally agreed in writing under s.10, avoiding unnecessary witnesses.
At trial, the court accepts that city traffic is always bad at rush hour without needing a witness. What principle is this?
A. Weight of evidence
B. Judicial notice
C. Direct evidence
D. Real evidence
B – Judicial notice
Explanation: Judicial notice allows the court to accept commonly known facts without requiring proof.
D is charged with assault. A drunken witness claims to have seen the event but only caught a brief glimpse. What issue is raised?
A. Relevance
B. Admissibility
C. Weight of evidence
D. Judicial capacity
C – Weight of evidence
Explanation: This is about how much trust the jury should place in the evidence. The court may still admit it but treat it with caution.
In the Crown Court, the judge rules a confession inadmissible due to unfair police conduct. Who hears the trial facts now?
A. The judge
B. The magistrates
C. The CPS
D. The jury
D – The jury
Explanation: In Crown Court, the judge handles legal issues (e.g. admissibility), but the jury decides the facts based on admissible evidence.
A judge in a trial consults an official map to confirm what counties border Staffordshire. What has occurred?
A. Judicial notice on enquiry
B. Real evidence
C. Weight assessment
D. Circumstantial ruling
A – Judicial notice on enquiry
Explanation: A judge may take judicial notice after enquiry if the fact is easily verifiable from an incontrovertible source.
A defence witness provides a document showing D’s location, but neither party calls the witness. They agree the content is true. What rule applies?
A. Hearsay exception
B. s.9 CJA 1967 (Agreed statement)
C. Judicial discretion
D. s.10 CJA 1967 (Agreed fact)
B – s.9 CJA 1967 (Agreed statement)
Explanation: The witness statement can be agreed under s.9 if its contents are uncontested — no need for live testimony.
A defendant runs a defence of self-defence based on unreasonable force. Who decides whether the defence can even be considered?
A. The jury
B. The defence
C. The judge
D. The prosecution
C – The judge
Explanation: The judge determines whether a defence is legally viable. If not, the jury cannot consider it.
In the magistrates’ court, a confession is ruled inadmissible. What is the main concern that follows?
A. The judge may strike out the case
B. The CPS must appeal immediately
C. The bench must disregard evidence they already heard
D. The jury must be replaced
C – The bench must disregard evidence they already heard
Explanation: In magistrates’ court, fact and law are decided by the same people. They must ignore inadmissible evidence they’ve already heard.
