Criminal Law, Criminal Liability and the Criminal Justice System Flashcards
The defendant claims they acted in self-defence during a fight. Which statement correctly describes the burden of proof?
A. The prosecution must disprove self-defence beyond reasonable doubt
B. The defendant must prove self-defence beyond reasonable doubt
C. The defendant must prove self-defence on the balance of probabilities
D. The burden is shared equally between both parties
A. The prosecution must disprove self-defence beyond reasonable doubt
Explanation: Once raised, the prosecution must prove that self-defence does not apply, as established in Woolmington v DPP.
Elena is charged with assault occasioning actual bodily harm. What type of offence is this?
A. Summary only offence
B. Either-way offence
C. Indictable-only offence
D. Civil offence
B. Either-way offence
Explanation: Assault occasioning actual bodily harm is an either-way offence and can be tried in either the magistrates’ court or Crown Court.
Omar smashes his neighbour’s window during an argument. Which of the following statements is true?
A. The neighbour can only bring a criminal case
B. Omar cannot be prosecuted if he pays for the window
C. Omar may face both criminal prosecution and a civil claim
D. This is purely a matter for civil courts
C. Omar may face both criminal prosecution and a civil claim
Explanation: Damaging property can be both a criminal offence and a civil wrong (tort). Both actions can be pursued.
Which of the following is likely to be considered immoral by some, but is not a criminal offence?
A. Underage alcohol sale
B. Engaging in extra-marital sex
C. Vandalising public property
D. Shoplifting from a small store
B. Engaging in extra-marital sex
Explanation: Extra-marital affairs may be viewed as immoral, but they are not criminal under English law.
The judge instructs the jury in a criminal trial. What must the prosecution do to secure a conviction?
A. Prove guilt on the balance of probabilities
B. Show the defendant acted immorally
C. Establish motive and opportunity
D. Make the jury sure of the defendant’s guilt
D. Make the jury sure of the defendant’s guilt
Explanation: Juries are instructed to convict only if they are “sure” of guilt — this reflects the standard of proof beyond reasonable doubt.
The police arrest someone for robbery and collect evidence. What is the primary role of the Crown Prosecution Service?
A. To decide whether to charge and prosecute
B. To represent the defendant
C. To judge the trial
D. To compensate the victim
A. To decide whether to charge and prosecute
Explanation: The CPS reviews police evidence, decides whether there is a case to answer, and handles prosecution in court.
Which of the following is a stated purpose of sentencing under section 57 of the Sentencing Act 2020?
A. To reward cooperation with police
B. To encourage out-of-court settlement
C. To protect the public
D. To ensure equal punishment between defendants
C. To protect the public
Explanation: The Sentencing Act sets out punishment, deterrence, rehabilitation, protection of the public, and reparation as purposes.
Sam is 16 and charged with a serious offence. What primarily determines where his case will be heard?
A. Whether the offence is summary or indictable
B. Whether the victim wants a jury trial
C. The value of damage caused
D. The potential sentence he could receive
D. The potential sentence he could receive
Explanation: For youths, the classification of the offence is less relevant; it is the potential sentence that determines the court.
Lina is charged with a crime and pleads not guilty at the magistrates’ court. What is the next step?
A. The case proceeds to trial
B. She is automatically acquitted
C. The court sentences her
D. She must now appeal
A. The case proceeds to trial
Explanation: A not guilty plea leads to a trial where evidence is heard, and a verdict is reached.
In a murder trial, the defendant argues diminished responsibility. Who must prove it and to what standard?
A. The prosecution must prove it beyond reasonable doubt
B. The defence must prove it beyond reasonable doubt
C. The defence must prove it on the balance of probabilities
D. The prosecution must disprove it on the balance of probabilities
C. The defence must prove it on the balance of probabilities
Explanation: For special defences like diminished responsibility, the defendant carries the burden and must prove it is more likely than not to be true.
