Criminal Practice

Question 1

What is hearsay?

Answer 1

Statement, not made in oral evidence, relied on as evidence of the matter of the statement

Question 2

What are the four categories under which hearsay is admissible under the Criminal Justice Act?

Answer 2

1. Under statute
2. By rule of law
3. Agreement of all the parties
4. In the interests of justice

Question 3

What are the six categories under which hearsay evidence is admissible under statute?

Answer 3

1. Witness is unavailable
2. Business document adduced
3. Statements were prepared for use in the criminal case and relevant person cannot recollect
4. Previous consistent or inconsistent statement
5. Expert evidence adduced
6. Confession

Question 4

When is a witness deemed unavailable?

Answer 4

1. Dead
2. Unfit due to physical/mental condition
3. Outside UK and not reasonably practicable to return
4. Unable to be found despite steps taken
5. Witness is in fear

Question 5

What are the three categories under which hearsay evidence is admissible by rule of law?

Answer 5

1. Confessions, or statements part inculpatory and part exculpatory
2. Statements made at the time of the event
3. Statements preserved by res gestae

Question 6

What are the three categories of res gestae statements which are admissible in exception to the general rule against hearsay?

Answer 6

Statements:

1. Made when a person is so emotionally overpowered, the idea of fabrication can be disregarded
2. Accompanying an act which can only be properly evaluated with reference to the statement
3. Relating to physical or mental state

Question 7

What is the definition of confession?

Answer 7

Any statement, wholly or partly adverse to the person who made it, whether made to a person in authority or not, and whether made in words or otherwise

Question 8

What are the two bases on which the defence can challenge the admissibility of a confession?

Answer 8

1. Mistake, i.e. the listener misheard
2. Untruth

Question 9

In what situations can confessions be challenged based on untruth?

Answer 9

If obtained by oppression or by things said or done likely to render the confession unreliable, and the defence can show a causal link between the conduct and the confession and the confession would not otherwise have been made independently

Question 10

When the admissibility of a confession is challenged, who bears the burden?

Answer 10

Prosecution must prove beyond a reasonable doubt that the conduct does not apply

Question 11

What topics does the full Criminal Practice deck contain, and how do I access it?

Answer 11

The full deck contains over 150 flashcards dealing with the SRA syllabus:

• Advising Clients at the Police Station;
• Bail Applications;
• First Hearings at Magistrates;
• Plea Before Venue and Pre-Trial Hearings;
• Procedures to Admit and Exclude Evidence;
• Trial Procedure;
• Sentencing Principles;
• Appeals Procedure;
• Youth Court.

Access is currently £25 per full subject, e.g. Criminal Practice, or £250 for access to all 16 SQE1 decks / £200 for 13 SQE2 decks. Visit www.cleverprep.co.uk to arrange full access.