CRITICAL APPROACHES OF CRIMINAL LITIGATION

Question 1

A man is on trial accused of occasioning actual bodily harm. The prosecution’s case is that his attack on the victim was unprovoked, however the man told the police during his interview under caution that he was acting in self-defence. He stated that he only punched the victim because he believed that he was about to be attacked by him.

Which of the following statements best describes how the burden and standard of proof operates for self-defence?

a) The man has an initial evidential burden. Once satisfied, the prosecution must disprove the defence to a legal standard—beyond a reasonable doubt.

b) The man has to prove that he was acting in self-defence to an evidential standard—the balance of probabilities.

c) The man has an initial legal burden, once satisfied the prosecution has to disprove self-defence to a legal standard—beyond a reasonable doubt.

d) The prosecution has to prove that he was not acting in self-defence to a legal standard—beyond a reasonable doubt.

e) The man has to prove that he was acting in self-defence to a legal standard—the balance of probabilities.

Answer 1

a) The man has an initial evidential burden. Once satisfied, the prosecution must disprove the defence to a legal standard—beyond a reasonable doubt.

Question 2

A man is standing trial for theft. He denies the offence, telling the jury that he has no recollection of what he is accused of. He believes that he was insane at the time of the offence.

How should the judge direct the jury on the burden and standard of proof?

a) The man needs to prove beyond a reasonable doubt that he was insane at the time of the offence.

b) The prosecution needs to prove beyond a reasonable doubt that he was sane at the time of the offence.

c) The man needs to prove on the balance of probabilities that he was insane at the time of the offence.

d) The prosecution needs to prove on the balance of probabilities that he was sane at the time of the offence.

e) The man only needs to introduce some evidence of insanity, then the prosecution needs to prove beyond a reasonable doubt that he was sane at the time of the offence.

Answer 2

c) The man needs to prove on the balance of probabilities that he was insane at the time of the offence.

Question 3

A man and a woman have both been charged with murder. The man has raised the partial defence of loss of control and the woman has raised the partial defence of diminished responsibility.

How should the judge direct the jury on the burden and standard of proof for the partial defences?

a) There is an evidential burden on the man but a legal burden on the woman.

b) There is legal burden on both the man and the woman.

c) There is no burden on the man but an evidential burden on the woman.

d) There is no burden on either the man or the woman.

e) There is an evidential burden on both the man and the woman.

Answer 3

a) There is an evidential burden on the man but a legal burden on the woman.

Question 4

Following a fight in a pub, a man is arrested for assault occasioning actual bodily harm. In police interview, he says that he acted in self-defence. The man is charged with assault occasioning actual bodily harm and bailed to appear in the magistrates’ court. He has two previous convictions for drugs offences. The alleged victim gives a statement detailing the alleged offence and his injury. A friend of the accused also gives a statement, confirming that the accused man was at the scene. Both statements are passed to the CPS.

Which of the following can the CPS withhold from disclosure until after the beginning of the day of the first hearing?

a) The accused man’s criminal record.

b) The alleged victim’s statement.

c) The statement from the friend of the accused man.

d) The accused man’s account of the offence given in interview.

e) A summary of the circumstances of the offence.

Answer 4

c) The statement from the friend of the accused man

Question 5

A woman is charged with GBH upon her husband. Her husband was attacking her, and she picked up a vase and hit him over the head with it to stop him. The blow caused a serious head injury. She has entered a not guilty plea and wishes to assert that she was acting in self-defence at her trial.

Which of the following statements best describes who bears the burden of proof in relation to the defence?

a) The prosecution only has an evidential burden to show that the defendant did not act in self-defence.

b) The prosecution only has a legal burden to show that the defendant did not act in self-defence, beyond reasonable doubt. There is no burden upon the defence.

c) The defence has the evidential burden to raise the issue of self-defence. The prosecution then has the legal burden of disproving self-defence beyond reasonable doubt.

d) The defence has the evidential burden of proving self-defence on the balance of probabilities.

e) The defence has a legal burden to prove the defendant was acting in self-defence. This is a reverse burden and, as such, the standard of proof is on the balance of probabilities.

Answer 5

c) The defence has the evidential burden to raise the issue of self-defence. The prosecution then has the legal burden of disproving self-defence beyond reasonable doubt.

Question 6

A man and a woman have been married for seven years. For the duration of the marriage, the husband has been physically violent and emotionally abusive towards his wife. One evening, after another violent outburst from the husband, the wife waits until he is asleep and then stabs him in the back intending to kill him. He dies from the wound. A psychiatrist’s report states that the wife understood what she was doing and wanted her husband dead but that she had been suffering from severe depression and post-traumatic stress disorder caused by the years of abuse. As a result, the wife would have had difficulty in controlling her emotions and would have lost her temper very easily.

Can the wife rely on the defence of diminished responsibility for the murder of her husband?

a) The wife cannot rely on the defence as she did not use reasonable force against her husband.

b) The wife cannot rely on the defence because despite her diagnosis she understood the nature of her actions.

c) The wife may rely on the defence as she can discharge the evidential burden that her mental functioning has affected her ability to exercise self-control.

d) The wife may rely on the defence as she can prove that her mental functioning affected her ability to exercise self-control.

e) The wife cannot rely on the defence as she had ‘cooled off’ sufficiently from his violent outburst and will not be considered to have lost control.

Answer 6

d) The wife may rely on the defence as she can prove that her mental functioning affected her ability to exercise self-control.

Question 7

A man is accused of causing grievous bodily harm to his wife. On the morning of the trial, his wife advises the prosecution that she now does not want to give evidence against her husband because of the stress the case is causing her.

Can the prosecution call his wife to give evidence?

a) His wife is competent but not compellable.

b) His wife is not competent but is compellable.

c) His wife is not competent and not compellable.

d) His wife is competent, and would be compellable, but only if the husband committed a sexual offence.

e) His wife is competent and compellable.

Answer 7

e) His wife is competent and compellable.

Question 8

A woman is a victim of domestic violence and will be called by the prosecution to provide oral testimony against her husband. She is extremely fearful about testifying in front of her husband. The prosecution advised her that they will make an application for her to have special measures during the trial in the magistrates’ court.

What type of special measure will not be available to her?

a) Screens.

b) Live television link.

c) Video played of her examination–in-chief.

d) Video played of her cross-examination.

e) Clearing people from the court.

Answer 8

d) Video played of her cross-examination.

Question 9

A man is on trial accused of assault occasioning actual bodily harm. He instructed his solicitor that he punched the complainant in self-defence, that when questioned at the scene the complainant provided a different account to the formal written statement he made at the police station and that the complainant was offered financial encouragement to make a false allegation to the police by his girlfriend’s previous partner.

In the defence of the man, what is his solicitor unable to do?

a) Call rebuttal evidence that the complainant threw the first punch.

b) Call rebuttal evidence that the complainant was offered a bribe.

c) Refer the complainant to the previous inconsistent statement he made at the scene.

d) Put it to the complainant that his account is a fabrication.

e) Call rebuttal evidence that the complainant colluded with his girlfriend’s previous partner.

Answer 9

b) Call rebuttal evidence that the complainant was offered a bribe.

Question 10

A woman has made an allegation to the police that she was sexual assaulted by a man. She contacted the police six days after the alleged offence took place, but she told her friend what had happened two days later. Her friend knew that she had been on a date with the man and, because she was very upset, she asked if he had ‘done something’ to her. The woman then told her friend what happened. The man denies the allegation and told the police that the woman was lying.

At trial, can the prosecution adduce the conversation between the woman and her friend as a previous consistent statement?

a) No, the woman’s compliant against the man was elicited by a leading question.

b) Yes, but the prosecution can only adduce the woman’s account of the conversation.

c) No, as her friend cannot provide evidence of the conversation as it is hearsay.

d) No, the conversation with her friend did not take place as soon as was reasonably possible after the alleged conduct.

e) Yes, the woman can provide evidence of the conversation she had with her friend and her friend can also provide evidence of the conversation.

Answer 10

e) Yes, the woman can provide evidence of the conversation she had with her friend and her friend can also provide evidence of the conversation.

Question 11

A man is charged with burglary of a dwelling-house. A neighbour watched the burglar leaving the house through a window at 4.00 am and running away, for about 10 seconds, at a distance of 50 metres. The neighbour gave a physical description of the burglar to police at the time. The man was arrested shortly afterwards in a nearby garden. He met the description given by the neighbour and was subsequently identified by the neighbour in a video identification parade. The man did not answer questions in police interview or account for his presence in the garden shortly after the burglary.

What steps should the judge take in relation to the identification evidence?

a) The judge should remind the jury that although the identification evidence is of poor quality, it is supported by the man’s failure to answer questions in interview or account for his presence in the garden.

b) The judge should withdraw the case from the jury and direct an acquittal, as the identification evidence is of poor quality since the neighbour saw the burglar at a distance and in difficult lighting conditions.

c) The judge should direct the jury that the identification evidence is reliable because the neighbour identified the burglar at the video identification parade and is an independent witness.

d) The judge should refuse to admit the evidence of identification because it would have such an adverse effect on the fairness of the trial that it ought not to be admitted.

e) The judge should withdraw the case from the jury and direct an acquittal because there is no evidence to corroborate the neighbour’s identification of the man.

Answer 11

a) The judge should remind the jury that although the identification evidence is of poor quality, it is supported by the man’s failure to answer questions in interview or account for his presence in the garden

Question 12

A man has been charged with careless driving and stands trial six months after the alleged offence occurred. He is the owner of a car that was identified by a witness as driving at high speed through a red light. The witness wrote down the number plate on a piece of paper, which he handed to a community police officer who was in the vicinity. The community police officer radioed the police station where the number plate was recorded in the police incident log by a police sergeant. The piece of paper that the witness wrote the registration number on has since been lost.

What is the best approach for the judge to take when considering the admissibility of the police incident log?

a) The police incident log is inadmissible as it contains multiple hearsay.

b) The police incident log is inadmissible because the witness was not acting in the course of a trade, business, profession or other occupation.

c) The police incident log is admissible because the community police officer and police sergeant were acting in the course of a trade, business, profession or other occupation.

d) The police incident log is admissible because the community police officer and police sergeant were acting in the course of a trade, business, profession or other occupation, and at least one of the five criteria where a witness is unavailable will be satisfied.

e) The police incident log is admissible because the community police officer and police sergeant were acting in the course of a trade, business, profession or other occupation, and the witness cannot be reasonably expected to have any recollection of the number plate.

Answer 12

e) The police incident log is admissible because the community police officer and police sergeant were acting in the course of a trade, business, profession or other occupation, and the witness cannot be reasonably expected to have any recollection of the number plate.

Question 13

A man is on trial charged with driving whilst disqualified. The Crown Prosecution Service want to introduce into evidence his three–month-old conviction for drink-driving which resulted in a 12-month ban from driving.

What is the best approach for the judge to take regarding the use of this evidence?

a) The conviction is inadmissible. It is not bad character, as the conviction has to do with the alleged facts of the driving whilst disqualified offence (s98(a) Criminal Justice Act 2003).

b) The conviction is bad character and is admissible because it shows a propensity to commit an offence of driving whilst disqualified (s101(d) Criminal Justice Act 2003).

c) The conviction is bad character and is admissible because it is important explanatory evidence (s101(c) Criminal Justice Act 2003).

d) The conviction is admissible. It is not bad character as the conviction is evidence of misconduct in connection with the disqualified driving charge (s98(b) Criminal Justice Act 2003).

e) The conviction is bad character and is admissible to correct a false impression (s101(f) Criminal Justice Act 2003) .

Answer 13

d) The conviction is admissible. It is not bad character as the conviction is evidence of misconduct in connection with the disqualified driving charge (s98(b) Criminal Justice Act 2003).

Question 14

A woman has been charged with GBH with intent on X. It is alleged that she stabbed the victim with a knife. She denies knowledge of the attack, or knowing X. The prosecution wants to admit into evidence of a text message that she sent to her boyfriend shortly after the attack. The message contained a picture of a knife, along with the words ‘X is having a great day’. The defence argued that the message is inadmissible hearsay.

Which of the following statements is correct about the admissibility of the evidence?

a) The text message is not hearsay and is inadmissible.

b) The text message is hearsay but it is in the interests of justice for it to be admissible.

c) The text message is not hearsay and is admissible.

d) The text message is hearsay but not admissible.

e) The text message is hearsay, but admissible under res gestae.

Answer 14

c) The text message is not hearsay and is admissible.

Question 15

A man is on trial for the murder of his wife. Their neighbour found her bleeding heavily from a head wound. The neighbour told the police that before she died, she stated ‘my husband hit me with a hammer’. The defence has challenged the admissibility of the wife’s statement to the neighbour. It has argued that it is inadmissible hearsay.

What is the most likely outcome when the judge considers if the statement is hearsay?

a) Hearsay, and inadmissible.

b) Not hearsay, the statement is an implied assertion and admissible.

c) Hearsay, but admissible under the res gestae principle.

d) Hearsay, but admissible because the witness was in fear.

e) Hearsay, but it is in the interests of justice for it to be admissible.

Answer 15

c) Hearsay, but admissible under the res gestae principle.

Question 16

Two men are charged with murder. The first man is alleged to have lured the victim to a location where the second man killed him with a single shot. The CPS want to admit as evidence against both men a WhatsApp message from the second man to the first man with a picture of the murder weapon and the words ‘one shot killer’. The second man’s defence is self-defence. The first man’s defence is that he did not plan to kill the victim and did not know that the second man had a gun.

Is the WhatsApp message admissible evidence against either or both men?

a) The message is admissible evidence against the first man to prove his knowledge of the plan to kill the victim, but is inadmissible against the second man because it is hearsay.

b) The text message is admissible evidence against the second man to prove that the gun could kill with one shot, and against the first man to prove his knowledge of the plan to kill the victim.

c) The text message is admissible evidence both against the second man to disprove his defence, and against the first man to prove his knowledge of the plan to kill the victim.

d) The text message is admissible evidence against the second man to disprove his defence, but inadmissible against the first man to prove his knowledge of the plan to kill the victim because it is hearsay.

e) The text message is inadmissible against either man because it is hearsay.

Answer 16

c) The text message is admissible evidence both against the second man to disprove his defence, and against the first man to prove his knowledge of the plan to kill the victim.

Question 17

A man is charged with an offence of assault occasioning grievous bodily harm against his girlfriend. She is the only prosecution witness. The alleged victim gave a written statement to police detailing the assault but refuses to attend trial. She has given a second signed written statement saying that she fears that the man will harm her child if she gives evidence against him. The prosecution seeks leave to admit the alleged victim’s first statement as hearsay evidence.

Which of the factors below should be considered by the judge in deciding whether to admit the statement?

a) The fact that there are no other witnesses for the prosecution: the man should not be convicted solely on the basis of hearsay evidence.

b) The fact that the man cannot challenge the alleged victim’s credibility if she gives evidence by way of a written statement rather than in court.

c) The fact that the alleged victim’s fear is in relation to another person rather than in relation to her own death or injury.

d) The fact that a special measures direction could be made in relation to the alleged victim.

e) The fact that there is no evidence that the man has threatened to harm the alleged victim’s child.

Answer 17

d) The fact that a special measures direction could be made in relation to the alleged victim.

Question 18

A man has been arrested on suspicion of committing a battery on his girlfriend. He would like his friend to be informed of his arrest.

Which of following statements correctly describes his right to have someone informed of his arrest?

a) He only has a right to inform a relative or a person interested in his welfare.

b) The right to have his friend informed of his arrest can be delayed by a custody officer.

c) The right to have his friend informed of his arrest can be delayed for a maximum of 36 hours.

d) The right to have his flatmate informed of his arrest cannot be delayed.

e) The right to have his friend informed of his arrest can only be delayed if there are reasonable grounds for believing that it will lead to the interference or harm of evidence or any person.

Answer 18

d) The right to have his flatmate informed of his arrest cannot be delayed.

Question 19

A 16-year-old boy has been arrested on suspicion of robbery. He has advised the custody officer that he is currently on medication for anxiety. The police have requested the attendance of an appropriate adult and they have asked him whether he wishes to consult with a solicitor.

Which of the following statements correctly describe his right to legal advice?

a) The police should only contact a solicitor on the request of an appropriate adult.

b) An appropriate adult can consult with a solicitor and provide him with legal advice.

c) He can be forced to consult with a solicitor.

d) If the boy refuses legal advice, an appropriate adult is unable to request for a solicitor to attend the police station.

e) He can have a consultation with his solicitor before the appropriate adult arrives at the police station.

Answer 19

e) He can have a consultation with his solicitor before the appropriate adult arrives at the police station.

Question 20

A man has been arrested on suspicion of robbery. He along with four others were part of a joint enterprise to steal £10,000 from a post office. He acted as the lookout and is the only suspect who has been arrested. The other suspects do not know of his arrest and the police have not recovered the £10,000. The man initially declined access to legal advice but part way through the police interview he changed his mind and informed the interviewing officer.

Which of the following statements best describes the man’s right to legal advice?

a) The interview can continue and he can consult with a solicitor once the officer has finished asking his questions.

b) The interview must be stopped even if the interviewing officer believes there are grounds to delay his access to legal advice.

c) The interviewing officer is likely to obtain authorisation from the custody officer to delay his access to legal advice.

d) The reasons for delaying access to legal advice must be in writing and handed to him.

e) His access to a solicitor could be delayed for up to 24 hours given the seriousness of the offence.

Answer 20

b) The interview must be stopped even if the interviewing officer believes there are grounds to delay his access to legal advice

Question 21

A woman has been arrested on suspicion of committing a burglary. On her arrival at the police station she asked to speak to a solicitor, but after spending an hour in the police cells, she changed her mind about wanting legal advice. An inspector spoke to her to ascertain the reasons for her change of mind.

Before she is interviewed, which of the following statements best describes the actions that the inspector needs to take?

a) Make sure her reasons are recorded on the custody record.

b) Make sure her reasons are recorded on the custody record, contact her solicitor and remind her about the right to legal advice at the start of the interview.

c) Make sure her reasons are recorded on the custody record and contact her solicitor.

d) Make sure her reasons are recorded on the custody record, contact her solicitor and provide authority in writing for the interview to proceed.

e) Nothing, it is the custody officer who has other responsibilities.

Answer 21

d) Make sure her reasons are recorded on the custody record, contact her solicitor and provide authority in writing for the interview to proceed.

Question 22

A woman has been arrested at 11 am on suspicion of aggravated criminal damage. She arrived at the police station at 11.30 am and the police station was extremely busy so her detention was not authorised by the custody officer until 12.10 pm. At 1 pm a man attended the same police station voluntarily to answer questions about his suspected involvement in an offence of theft. His interview began at 1.15 pm and concluded at 1.35 pm. At 1.40 pm he was arrested.

Which of the following statements accurately describes when the suspects’ maximum 24-hour periods of detention begin?

a) 11 am for the woman and 1.40 pm for the man.

b) 11.30 am for the woman and 1.40 pm for the man.

c) 11.30 am for the woman and 1 pm for the man.

d) 12.10 pm for the woman and 1.15 pm for the man.

e) 11 am for the woman and 1.15 pm for the man.

Answer 22

b) 11.30 am for the woman and 1.40 pm for the man

Question 23

A man was arrested at 5 pm on suspicion of theft. It is alleged that he befriended his elderly neighbour and dishonestly obtained £5,000 from him. The police searched his home when he was arrested and accessed his bank accounts, but found no trace of the money. The man provided a ‘no comment’ interview. Desperate for evidence, the police conducted a second search of his home, this time finding £4,500 in cash under the floorboards in the man’s bathroom. The search finished at 4 pm the next day and the police would like to interview him about this new evidence.

Which of the following statements best describes whether the police can extend the man’s detention period?

a) An extension can only be granted by a magistrates’ court.

b) An extension cannot be granted as he has not been arrested for an indictable offence.

c) An extension can only be granted to secure or preserve evidence.

d) An extension can be granted by a superintendent.

e) An extension cannot be granted because the investigation was not carried out diligently and expeditiously.

Answer 23

d) An extension can be granted by a superintendent.

Question 24

A woman was arrested on suspicion of criminal damage, but granted street bail to attend at the police station two days later at 4 pm. The officer wanted to obtain statements from a number of witnesses before interviewing her. She arrived at the police station at 4 pm, the custody officer authorised her detention at 4.20 pm and the police interview started at 5 pm. A man was arrested at 5.30 pm on suspicion of burglary, he arrived at the police station at 5.50 pm and his detention was authorise at 6 pm. His interview started at 6.30 pm and concluded at 8 pm.

Which of the following statements accurately describes when the suspects’ maximum 24-hour periods of detention begin?

a) 4 pm for the woman and 5.50 pm for the man.

b) 4.20 pm for the woman and 5.50 pm for the man.

c) 4.20 pm for the woman and 5.30 pm for the man.

d) 4 pm for the woman and 5.30 pm for the man.

e) 4.20 pm for the woman and 6 pm for the man.

Answer 24

a) 4 pm for the woman and 5.50 pm for the man.

Question 25

A man arrested on suspicion of theft has been taken to the police station. The police will conduct an interview under caution regarding his alleged involvement in stealing two packets of crisps from a newsagent. The man is a financial advisor earning over £120,000 a year. Which of the statements below correctly describes his eligibility to publicly funded legal advice at the police station? a) He is only eligible for publicly funded legal advice by the duty solicitor. incorrect b) He is only eligible for publicly funded legal advice over a telephone. incorrect c) He is unlikely to be eligible for publicly funded legal advice given the minor nature of the offence. incorrect d) He is not eligible for publicly funded legal representation because it is means-tested. incorrect e) He is eligible for publicly funded legal advice over the phone and in person. correct

Answer 25

e) He is eligible for publicly funded legal advice over the phone and in person

Question 26

A solicitor is called to advise a man in the police station following his arrest. On inspecting the custody record, the solicitor notes that the man was detained at 3:20 am and it is now 3:10 am the next day. Which of the following could make the man's continued detention past 3:20 am lawful? a) The man is charged with an offence and remanded into police custody pending his first appearance at the magistrates' court. b) The man or the solicitor are given an opportunity to make representations about his continued detention. c) Continued detention is authorised by a custody sergeant. d) The investigating officer certifies that the investigation is being carried out diligently and expeditiously. e) The investigating officer believes that it is necessary to detain the subject without charge to secure or preserve evidence.

Answer 26

a) The man is charged with an offence and remanded into police custody pending his first appearance at the magistrates' court.

Question 27

A woman is detained and interviewed at the police station. The custody officer determines that there is sufficient evidence to charge her with an offence of wounding but refers the case to the CPS for a charging decision. Which of the following next steps is not permitted under the Police and Criminal Evidence Act 1984 (PACE 1984)? a) The woman is detained in custody pending the decision to charge. b) The woman is released on bail with the condition to report to the police station daily. c) The woman is released on bail with the condition not to go within 500m of the building where the offence was committed. d) The woman is released on bail with the condition that she resides at a specified bail hostel. e) The woman is released on unconditional police bail.

Answer 27

d) The woman is released on bail with the condition that she resides at a specified bail hostel.

Question 28

A victim was fatally stabbed in the street by a group of three men. One man has been arrested and the others are at large. The arrested man asks to speak to his solicitor. The police superintendent is aware that the solicitor has in the past alerted other local suspects to arrests. The superintendent therefore believes that if the man consults the solicitor, the other two murder suspects will be alerted and will abscond. The superintendent also believes that the solicitor will advise the suspect not to answer questions in interview. She therefore authorises a delay of 30 hours before the man may consult his solicitor. The man is not asked if he would like to choose another legal advisor. The other two suspects are arrested 12 hours later. They are not permitted to use the same solicitor as the man. Which aspect of the superintendent's conduct is lawful under the Police and Criminal Evidence Act 1984 (PACE 1984)? a) Authorising a delay to the man consulting his solicitor in order to avoid the solicitor advising him not to answer questions in interview. b) Authorising a delay to the man consulting his solicitor in order to prevent the other suspects absconding. c) Continuing to delay the man's access to his solicitor after the other suspects are arrested. d) Not permitting the other two suspects to use the same solicitor as the man. e) Not asking the man if he would like to use another legal advisor.

Answer 28

b) Authorising a delay to the man consulting his solicitor in order to prevent the other suspects absconding.

Question 29

A man has been arrested for the manslaughter of his neighbour. The man's detention is correctly authorised and the police interview him over the course of a number of hours in the presence of his solicitor. Following the interview the police indicate that they wish to make some further enquiries. The man has now been in police detention for almost 24 hours. Are the police entitled to extend the period of the man's detention beyond 24 hours? a) Yes, because this is an indictable only offence. b) No, the police will have to bail the man or release him under investigation. c) Yes, if the magistrates' court issues a warrant of further detention. d) Yes, if the extension is correctly authorised by an officer of the rank of Superintendent or above. e) No, as an extension may only be agreed where the suspect gives his written consent.

Answer 29

d) Yes, if the extension is correctly authorised by an officer of the rank of Superintendent or above.

Question 30

A woman is arrested for multiple offences of theft from a shop and is interviewed by police with her solicitor present. Before the interview, the woman tells the solicitor that she is guilty of the offences but does not think that she will be convicted as she knows there is no CCTV at the shop, and her son is going round to the shop at that moment to seriously injure the shopkeeper so that the shopkeeper won't give evidence. What is the best advice for the solicitor to give the woman regarding the interview? a) The solicitor should advise the woman that he must report the offence by her son against the shopkeeper to the police in order to prevent serious harm to the shopkeeper, and that he can no longer act as her solicitor. b) The solicitor should advise the woman that unless she wishes to plead guilty to the shoplifting offences, she should remain silent in interview. c) The solicitor should advise the woman that as there is unlikely to be any evidence against her, she may remain silent in interview or deny the offences. d) The solicitor should advise the woman that she should prepare a written statement, which the solicitor will read at the outset of the interview, simply denying the offences of shoplifting. e) The solicitor should advise the woman that unless she admits the shoplifting offences in interview, he will be unable to act further for her.

Answer 30

a) The solicitor should advise the woman that he must report the offence by her son against the shopkeeper to the police in order to prevent serious harm to the shopkeeper, and that he can no longer act as her solicitor.

Question 31

A man is arrested for assault and taken to the police station. The appears to be suffering from a mental disorder: he is shouting incoherently and does not seem to understand the questions he is being asked. He has not requested legal advice. Which of the steps below can the custody officer lawfully omit without further justification? a) Informing an appropriate adult of the man's detention as soon as possible and requesting them to attend the police station. b) Making enquiries to find out relevant information to indicate whether the man has a mental health condition or mental disorder. c) Making sure that the man receives appropriate clinical attention as soon as possible. d) Delaying any interview of the man until the appropriate adult is present. e) Contacting the Defence Solicitor Call Centre to ask for a solicitor to attend the police station.

Answer 31

e) Contacting the Defence Solicitor Call Centre to ask for a solicitor to attend the police station.

Question 32

A 15-year-old boy is arrested at the scene of a robbery and is taken to the police station. The boy informs the police that he is estranged from his parents and does not want them to be informed of his detention. He also declines legal advice and says that he just wants to be released as soon as possible. Which of the following steps can the custody officer lawfully omit? a) Giving the boy a written notice informing him of his right to medical assistance and asking him if he might need medical treatment. b) Undertaking a risk assessment to ascertain the level of risk that the boy poses to himself and others. c) Ascertaining the identity of the boy's parent or guardian and informing them of his detention. d) Asking the boy's parents if one of them will attend the police station as soon as possible to act as an appropriate adult. e) Assessing the boy's fitness to be interviewed.

Answer 32

d) Asking the boy's parents if one of them will attend the police station as soon as possible to act as an appropriate adult.

Question 33

A man is arrested for burglary and taken to the police station, arriving at 16:00 on 12 September. The custody officer determines that there is insufficient evidence to charge him but that there are reasonable grounds to believe that detention without charge is necessary to secure and preserve evidence and to question the man to obtain evidence in relation to the offence. The custody officer is reviewing the man's detention at 15:45 on 13 September. Which of the following steps may the custody officer lawfully omit at this stage? a) Seeking authorisation from an officer of at least the rank of superintendent to authorise the man's continued detention. b) Determining whether there are reasonable grounds to believe it is necessary to detain the man further without charge to secure and preserve evidence or to obtain evidence by questioning him. c) Determining whether the investigation is being conducted diligently and expeditiously. d) Making an application for a warrant of further detention to the magistrates' court. e) Giving the man or his solicitor the opportunity to make representations about the detention.

Answer 33

d) Making an application for a warrant of further detention to the magistrates' court.

Question 34

A man is arrested for wounding with intent to cause grievous bodily harm and is interviewed with his solicitor present. The man makes no comment in interview. The custody officer has determined that there is sufficient evidence to charge but has referred the final decision on charge to the CPS. Which of the following statements is correct? a) The man must be detained or released on bail pending the charging decision. b) The custody officer must either charge the man or release him on bail pending charge. c) The man must be released under investigation without bail. d) The man must be detained pending the charging decision by the CPS. e) The man must be granted a 28-day period of pre-charge bail by an inspector.

Answer 34

a) The man must be detained or released on bail pending the charging decision.

Question 35

A man and a woman have been charged with the murder of a landlord at a public house. The prosecution's case is that they waited for him outside the pub, attacking him when he left to go home. Drops of the landlord's blood were found on the T-shirt that the man was wearing, and an eyewitness identified the woman as being outside the pub just before the attack took place. When interviewed under caution, the man answered 'no comment' to all questions asked, despite being given a special warning about the effect of failing to account for the landlord's blood. The woman told the police that she was outside the pub waiting for her friend who was using the toilet. At trial, the man told the court that his friend committed the offence and the blood must have inadvertently transferred to his T-shirt when he saw him later that evening. The woman chose not to give evidence at trial. Can the jury draw an adverse inference from their silence? a) An adverse inference could be only drawn against the man on the ground that he failed to account for a substance. b) An adverse inference could only be drawn against the man on the ground that he failed to account for a substance and against the woman for failing to account for her presence at a particular place. c) An adverse inference could only be drawn against the woman on the ground that she failed to account for her presence at a particular place. d) An adverse inference could only be drawn against the man on the grounds that he failed to mention facts when questioned and failed to account for a substance. e) An adverse inference could only be drawn against the man on the ground that he failed to mention facts when questioned.

Answer 35

d) An adverse inference could only be drawn against the man on the grounds that he failed to mention facts when questioned and failed to account for a substance. correct

Question 36

A woman with a very low IQ and a mental age of 14 was arrested on suspicion of arson. Her solicitor was of the opinion that she would struggle to cope with the interview process and advised her not to answer any questions during the interview. She subsequently gave a 'no comment' interview and was then charged with arson. At trial, she gave evidence that she was at home when the offence was committed. This is the same account that she gave to her solicitor at the police station. Which of the statements below best describe whether an adverse inference will be drawn because of her failure to mention a fact when questioned that she later relied on at trial? a) An adverse inference will be drawn and she cannot hide behind the legal advice that she received. b) Only if her solicitor had read out a written statement during the interview would the drawing of an adverse inference be prevented. c) An adverse inference will not be drawn because of legal privilege. d) A judge is unlikely to draw an adverse inference because of her low IQ and mental age. e) Her solicitor could give evidence to help prevent an adverse inference being drawn.

Answer 36

e) Her solicitor could give evidence to help prevent an adverse inference being drawn.

Question 37

A man is on trial for murder. During his police interview, he told the police that he was not involved in the killing, that he had no knowledge of the offence and also told them the identity of the victim; but could not remember where he was at the time of the murder. During his examination-in-chief, he told the jury that he was at a friend's house watching a film at the time of the murder. He also stated that he was confident that his friend would confirm this. Which of the following directions is the most appropriate for the judge to provide to the jury on drawing an adverse inference from his failure to provide the details of his alibi witness to the police? a) You may draw an adverse inference and convict him on the strength of his failure to provide the details of his alibi witness. b) You must draw an adverse inference if you think it is fair and proper to do so. c) You cannot draw an adverse inference if you think the other prosecution evidence against him is weak. d) You need to draw an adverse inference if you conclude that he could have been expected to provide the details of his alibi when he was interviewed by the police. e) You may draw an adverse inference if you conclude that that he could not provide an alibi in his interview that would stand up to scrutiny.

Answer 37

e) You may draw an adverse inference if you conclude that that he could not provide an alibi in his interview that would stand up to scrutiny.

Question 38

A woman is detained in the police station in relation to an offence of fraud. The fraud is alleged to have occurred in 2011 at the bank where the woman worked. No documentary evidence has been disclosed. The woman informs her solicitor that she has not committed fraud but she cannot recall the transactions that are the subject of the allegations as she dealt with hundreds of similar transactions each week in her job. How should the solicitor advise the woman regarding answering questions in interview? a) The woman should answer all questions in interview as otherwise adverse inferences will be drawn from her failure to do so. b) The woman should answer 'no comment' to every question. As documents have not been disclosed, it is unlikely that adverse inferences will be drawn by the court. c) The woman should answer all questions in interview as otherwise she could be convicted on the basis of adverse inferences alone. d) The woman should prepare a written statement to be read by the solicitor to the police during the interview; this will prevent an adverse inference being drawn. e) The woman should remain silent in interview as to draw adverse inferences in these circumstances would be incompatible with her right to a fair trial under Art 6 of the European Convention on Human Rights.

Answer 38

b) The woman should answer 'no comment' to every question. As documents have not been disclosed, it is unlikely that adverse inferences will be drawn by the court.

Question 39

A man is arrested for rape in a park where the offence was allegedly committed, shortly after it was said to have been committed, at midnight. The man informs his solicitor that he was in the park because he was meeting a woman there with whom he is having an affair. He does not want to mention this in interview because his family may find out. The man is interviewed at 2.00 am and is very tired. He is cautioned as follows: 'You do not have to say anything. But anything you do say may be given in evidence.' What are the best grounds for arguing that an adverse inference should not be drawn if the man does not account for why he was in the park when asked to do so by police? a) Because of the wording of the caution. b) Because he could not reasonably have been expected to explain why he was there. c) Because he has not been allowed to sleep before being interviewed. d) Because he has the right to a private life under Art 8 of the European Convention on Human Rights. e) Because at trial he does not intend to rely on evidence that he was meeting the woman with whom he is having an affair.

Answer 39

a) Because of the wording of the caution.

Question 40

A company director is arrested by the police for fraud. It is alleged that she obtained two business loans by submitting falsified company accounts to lenders. The police have disclosed statements from two lenders briefly describing the loan applications: one application was made a few months ago but the other was made five years ago. However, only the newer loan application has been disclosed. The company director tells her solicitor that she made the applications in good faith. She also says that she cannot recall the details of the older loan application and would need to speak to her accountant and look at records to do so. What is the best advice for the solicitor to give the company director regarding answering police questions in interview? a) The company director should prepare a written statement for the solicitor to read out in relation to both applications, and then answer 'No comment' to the interview questions. b) The company director should answer questions in relation to both applications because the police have made sufficient disclosure of the evidence against her. c) The company director should answer questions in relation to the recent loan application and prepare a written statement in relation to the older application that the solicitor will read. d) The company director should answer 'No comment' to the interview questions as she genuinely cannot recollect all the details without reference to documents and her accountant. e) The company director should answer questions in relation to both applications because she could reasonably be expected to mention the facts she is relying on in her defence.

Answer 40

d) The company director should answer 'No comment' to the interview questions as she genuinely cannot recollect all the details without reference to documents and her accountant.

Question 41

A 14-year-old boy is arrested for inflicting grievous bodily harm on another boy after a fight in the street between a group of teenagers. The boy has never been arrested before. He is extremely distressed as his brother was seriously injured in the fight and is in hospital. The boy declines access to a legal advisor at the police station as he wants to see his brother as quickly as possible. He is questioned by police under caution and does not answer any questions, and is charged with inflicting grievous bodily harm. Before his first court appearance, the boy goes to see a solicitor and states that he hit the victim in defence of his brother, who was being attacked. What should his solicitor advise him about his failure to answer questions in interview? a) No adverse inference can be drawn from his silence because he did not receive legal advice before his interview. b) The fact that he acted in defence of his brother is a fact that he could reasonably have been expected to mention and therefore an adverse inference is likely to be drawn. c) If the solicitor prepares a defence statement setting out that he was acting in defence of his brother, then no adverse inference can then be drawn from his silence in interview. d) An adverse inference is less likely to be drawn because of his age, state of mind and lack of experience with the police. e) As the burden is on the defendant to show that he acted in defence of his brother, his failure to raise this in interview will make conviction likely.

Answer 41

d) An adverse inference is less likely to be drawn because of his age, state of mind and lack of experience with the police

Question 42

A man is arrested for the murder of his wife and is interviewed under caution with his solicitor present. As insufficient disclosure has been provided, the solicitor states at the beginning of the interview that her client will answer 'no comment' to all questions. The police continue to ask the man a series of detailed questions, repeating the same questions several times and suggest that he is only failing to answer the questions because he is guilty. The man has scratches on his face and the police ask him if his wife scratched him in self-defence when he was killing her. What should the solicitor do in response to the police questions? a) The solicitor should ask the man if he would like further legal advice. She should advise him that he should account for the scratches on his face, otherwise an adverse inference may be drawn, but that he should continue to answer 'no comment' to the other police questions. b) The solicitor should allow the questions to continue provided the man continues to answer 'No comment' to all questions. c) The solicitor should challenge the police use of repeated and leading questions before allowing the interview to continue. d) The solicitor should challenge the police use of repeated questions and should ask the man if he would like further legal advice. She should advise him that no adverse inference can be drawn from his failure to account for the scratches and that he should continue to answer 'no comment' to all questions. e) The solicitor should ask the man if he would like further legal advice. She should advise him that although an adverse inference could be drawn from his silence and his failure to account for the scratches, he should continue to answer 'no comment' to all questions.

Answer 42

d) The solicitor should challenge the police use of repeated questions and should ask the man if he would like further legal advice. She should advise him that no adverse inference can be drawn from his failure to account for the scratches and that he should continue to answer 'no comment' to all questions.

Question 43

A solicitor is representing a suspect during a police interview. The solicitor has advised the suspect to exercise his right to silence and answer 'no comment' during the interview. At one point, the suspect begins to answer one of the questions and the solicitor interrupts and reminds him of the advice. The police officer threatens to remove the solicitor if he interrupts again. The interview continues and the police officer asks the same question multiple times and the solicitor interrupts to object to the question. The officer stops the interview and says the solicitor is being removed for obstructing the questions. Does the officer have the power to remove the solicitor? a) The solicitor is entitled to challenge the questioning but he may be removed for interrupting the suspect and reminding him not to answer the questions during the interview. b) The solicitor is entitled to interrupt the suspect to remind him of his advice but may be removed for challenging the questions of the officer. c) The solicitor cannot be removed from the interview under any circumstances as legal advice is a fundamental right of the suspect. d) The solicitor can be removed as his role in the interview is to observe and facilitate. The opportunity to advise in private beforehand means he must not interrupt the questions. e) The solicitor is entitled to give his client further legal advice and to challenge a question by the police officer. He should not be removed in these circumstances.

Answer 43

e) The solicitor is entitled to give his client further legal advice and to challenge a question by the police officer. He should not be removed in these circumstances.

Question 44

A woman is under arrest and is in custody at the police station. The woman's mother telephones the solicitor who is representing the woman and asks them to let her know what is happening with her daughter's case. Can the solicitor keep the woman's mother updated? a) Yes, they can keep her updated as she is a close relative of the client. b) Yes, they can because the woman is in police custody and she is unable to contact her mother directly. c) No, they cannot without the mother's written request for information. d) Yes, they can but only if they obtain the woman's permission. e) No, they cannot reveal any information to the woman's mother and she will need to contact the woman directly.

Answer 44

d) Yes, they can but only if they obtain the woman's permission.

Question 45

Two men, man A and man B, are jointly charged with supplying controlled drugs. Both men were arrested together in a car which contained a large quantity of drugs. Man A says that the drugs must belong to man B. He says that man B gave him a lift in the car and he had no idea the drugs were inside. Man A instructs his usual solicitor and, while the solicitor is at the police station, man B asks the solicitor to represent him as well. Can the solicitor act for both man A and man B? a) The solicitor can act if he has written permission from both men. b) The solicitor can act as each man will have a common purpose as they will both want to be acquitted. c) The solicitor cannot act as there is always a conflict of interest when acting for co-suspects. d) The solicitor can act if he keeps the instructions of each client confidential. e) The solicitor cannot act as there will be a significant risk of a conflict of interest.

Answer 45

e) The solicitor cannot act as there will be a significant risk of a conflict of interest.

Question 46

A man, his brother and his girlfriend were arrested on suspicion of committing an offence of theft. The man confessed during his police interview that he committed the offence with his brother, but stated that his girlfriend was not involved. Having been charged with theft, the man pleaded guilty at the first court hearing but his brother and girlfriend pleaded not guilty and now stand trial together. What is the correct approach to take when deciding if the man's confession from his police station interview can be used in evidence at the trial of his brother and girlfriend? a) The man's confession cannot be used in evidence at the trial of his brother and girlfriend. b) The prosecution will rely on the man's confession as part of its case against his brother and girlfriend. c) The girlfriend could have relied on his confession if she was not part of a joint trial with his brother. d) The man's confession would be admissible and evidence against his brother, but only if he had pleaded not guilty and was standing trial with his brother and girlfriend. e) The prosecution cannot rely on the man's confession in its case against his brother, but his girlfriend can rely on his confession as part of her defence.

Answer 46

a) The man's confession cannot be used in evidence at the trial of his brother and girlfriend.

Question 47

A woman is arrested for murder and interviewed by police for five hours without a break. The woman declines legal advice at the police station. In the fifth hour of the interview, the woman admits the crime, having repeatedly denied it earlier in the interview. She subsequently tells her solicitor that she confessed because she was desperate to obtain bail as she was suffering from drug withdrawal. She also tells her solicitor that she has a learning disability but did not inform police of this. The woman's barrister applies to exclude the interview under s76 of the Police and Criminal Evidence Act 1984 (PACE 1984) at a voir dire. Which of the following factors should be excluded from the court's consideration of this application? a) The fact that the woman has a learning disability, as the police were not informed. b) The fact that the woman was interviewed for five hours without a break. c) The fact that the woman declined legal advice. d) The fact that the woman repeatedly denied the offence before admitting it. e) The fact that the woman was suffering from drug withdrawal.

Answer 47

e) The fact that the woman was suffering from drug withdrawal.

Question 48

A woman is arrested for the theft of a watch from a shop. The woman's solicitor is present at the police interview. In interview, the police tell the woman that they have CCTV footage of her stealing jewellery from four other shops and that unless she confesses to this theft, she will be charged with four more. The woman confesses to the theft and tells police that the watch is at her workplace; it is later seized by police. Later, the CPS disclose to the woman's solicitor that there is no CCTV of the other offences. Should the woman's confession and/or the police evidence of the seizure of the watch be admissible, and for what reason? a) The confession and seizure of the watch should be admissible because the seizure of the watch at the location revealed by the woman proves the reliability of the confession. b) The confession and seizure of the watch should be inadmissible because the lie regarding CCTV and threat of further charges rendered the confession unreliable and the watch was discovered as a result of the inadmissible confession. c) The confession should be inadmissible because the lie regarding CCTV and threat of further charges rendered it unreliable and its admission unfair. The police evidence regarding the seizure of the watch should be admissible. d) The confession and the evidence of the seizure of the watch should be admissible because the woman was legally advised at the police station and the solicitor did not stop the interview. e) The confession and the evidence of the seizure of the watch should be inadmissible because of the bad faith of the police in using trickery or deception.

Answer 48

c) The confession should be inadmissible because the lie regarding CCTV and threat of further charges rendered it unreliable and its admission unfair. The police evidence regarding the seizure of the watch should be admissible.

Question 49

A woman attends a police station voluntarily to answer questions in relation to the disappearance of £50 from a till in the shop where she works. The police administer the caution and tell her that she is not under arrest and she is free to leave after the interview is concluded, and that she may obtain free and independent legal advice. The woman says that she is happy to speak to the police. The conversation is not recorded but the police officer takes notes in his notebook. The woman tells police that she 'borrowed' the money from the till to pay a debt but planned to repay it. She is arrested for theft. What is the best advice for the woman's solicitor to give her about the admissibility as evidence of her confession to the police? a) The confession will be inadmissible because she was not arrested before the interview commenced. b) The confession is likely to be inadmissible because she did not receive legal advice before the interview commenced. c) The confession will be inadmissible because the interview was not recorded on video or audio. d) The confession is likely to be inadmissible because the actions of the police render it unreliable. e) The confession will be admissible because a caution was administered and she indicated that she was happy to speak to police.

Answer 49

d) The confession is likely to be inadmissible because the actions of the police render it unreliable.

Question 50

A woman is arrested for an offence of supply of a controlled drug and is interviewed under caution with her solicitor present. The interviewing officer asks the woman about her previous convictions for robbery committed several years ago when she was a teenager, and suggests that she has graduated from robbery to become a drug dealer. The officer then tells the woman that if she answers all his questions he will make sure that she is bailed, but otherwise she will remain in custody after charge. What should the woman's solicitor do in response to the officer's question and statement? a) The solicitor should ask the woman if she would like further legal advice so that the interview is paused. The solicitor should then advise the woman not to answer questions about her previous convictions. b) The solicitor should tell the woman not to answer any further questions in the interview. c) The solicitor should not intervene but should allow the interview to continue as the officer's question and statement will provide grounds to exclude the interview in court. d) The solicitor should allow the woman to answer the question about her previous convictions but then stop the interview to advise her that the officer's statement about bail is oppressive. e) The solicitor should advise the woman not to answer the question about her previous convictions and ask her if she would like further legal advice. The solicitor should tell the officer that the statement about bail is inappropriate.

Answer 50

e) The solicitor should advise the woman not to answer the question about her previous convictions and ask her if she would like further legal advice. The solicitor should tell the officer that the statement about bail is inappropriate.

Question 51

A woman was attacked outside a restaurant. Her friend intervened and took her away from the scene. Whilst her friend was trying to calm her down, she spotted a police officer and told him what had just happened. The officer then took the woman back to the area where the attack had taken place, and she identified a man as being responsible. The man was arrested at the scene and taken to the police station. He denied being responsible during his police interview. Is the identification of the man satisfactory? a) Yes, no other form of identification procedure is required, a group identification can take place without the suspect's consent. b) No, the identification cannot be used because a confrontation should be a last resort. c) No, if the suspect consents, a video identification procedure should be arranged. d) Yes, the suspect has been identified, a further identification procedure is not required and the woman would only identify the person arrested by the police. e) No, if the suspect consents, an identification parade should be arranged.

Answer 51

c) No, if the suspect consents, a video identification procedure should be arranged.

Question 52

A woman has been arrested on suspicion of causing grievous bodily harm. There is a witness who identifies her as the offender and therefore an identification procedure will need to take place. The identification procedures are the responsibility of the identification officer. Which of the statements below best describes the identification officer? a) The officer leading the investigation. b) The custody officer. c) An officer with the rank of inspector. d) A superintendent with oversight of the investigation. e) An officer with the rank of sergeant.

Answer 52

c) An officer with the rank of inspector.

Question 53

A man has been arrested on suspicion of burglary. The police arranged a video identification procedure because the homeowner believes that he can identify the offender. The man has a scar on his face, and the identification officer agrees to conceal his scar on the images shown to the witness. Which of the following statements fails to comply with Code D of the Police and Criminal Evidence Act 1984? a) The video identification takes place despite the man objecting to some of the participants in the parade. b) Images of ten other people were shown to the witness during the video identification. c) His solicitor was not allowed to be present when the video identification was conducted. d) The witness's first description of the suspect was provided after the identification procedure was completed. e) The witness was allowed to view parade images without the suspect's scars being concealed.

Answer 53

d) The witness's first description of the suspect was provided after the identification procedure was completed.

Question 54

A man is detained at the police station in relation to an offence of robbery. An eyewitness has come forward who claims to be able to identify the robber. The eyewitness says that she saw the robber fleeing from the scene but did not actually see the robbery take place. In what circumstances must an identification procedure be held? a) The eyewitness and the man are next-door neighbours and have known each other for several years. b) The man admits being at the scene of the robbery but denies that any robbery took place. c) The eyewitness was previously given the opportunity to identify the man in a video identification parade but failed to do so. d) The man denies being at the scene of the robbery. e) The eyewitness was previously given the opportunity to identify the man in a group identification but failed to do so.

Answer 54

d) The man denies being at the scene of the robbery

Question 55

Two girls were robbed of their mobile phones in the street by a boy. Both girls claimed to have recognised the robber, who was wearing a hat, as a boy that they knew as they had been at school with him two years previously. The boy was arrested and denied involvement in the robbery. He said in interview that he did not know the two girls. No identification procedure was held. What should happen at trial regarding the girls' evidence? a) The evidence should be excluded under s78 of PACE 1984 because the boy has not had the safeguard of an identification parade. b) The evidence should be admitted because the boy was well known to the girls so there is no requirement to hold an identification parade. c) The evidence should be admitted, but the judge should direct the jury that the boy has not had the safeguard of an identification parade. d) The boy's solicitor should challenge the admission of the girls' evidence under s78 of PACE 1984. If the judge allows the evidence to be admitted, the judge should direct the jury that the boy has not had the safeguard of an identification parade. e) The boy's solicitor should challenge the admission of the girls' evidence under s78 of PACE 1984. If the judge allows the evidence to be admitted, the judge should remind the jury that both girls recognised the boy.

Answer 55

d) The boy's solicitor should challenge the admission of the girls' evidence under s78 of PACE 1984. If the judge allows the evidence to be admitted, the judge should direct the jury that the boy has not had the safeguard of an identification parade.

Question 56

A woman is robbed in the street of her handbag and police are called to the scene. The victim agrees to go on a tour of the area with the police to see if she can see the woman who robbed her. The victim sees a woman who appears to be carrying the victim's handbag and identifies her as the robber; the woman is arrested. At the police station, the suspect declines legal advice. An identification confrontation by the victim takes place; the victim is asked if the suspect is the person who robbed her and the victim agrees. The suspect is charged with robbery and later seeks advice from a solicitor. How should the suspect's solicitor advise her regarding the evidence of confrontation? a) The evidence of confrontation should be excluded because a video identification procedure, identification parade or group identification procedure should have been held. b) The evidence of confrontation should be admissible because the suspect was an unknown suspect. c) The evidence of confrontation should be excluded because the suspect was not legally advised. d) The evidence of confrontation should be excluded because of the risk that the victim identified the handbag rather than the suspect. e) The evidence of confrontation should be excluded because of the risk that the woman was identifying the suspect as the person she identified at the scene, rather than the person who robbed her.

Answer 56

a) The evidence of confrontation should be excluded because a video identification procedure, identification parade or group identification procedure should have been held.

Question 57

A man is charged with an offence of burglary of a dwelling-house. He has two previous convictions for burglary for which he received community sentences. The man wishes to dispute the admissibility of his bad character at trial. His wife earns £25,000 a year and the couple live in a rented flat. They have no children. The man has £20,000 in a bank account. Should the man be granted a representation order for a Crown Court trial? a) No, because there is no risk of serious damage to the man's reputation. b) No, because the man's wife's income is over £22,325 a year. c) Yes, because the man is likely to lose his liberty if convicted. d) Yes, but the man is likely to have to make a contribution to his costs from his wife's income. e) Yes, but the man will be asked to make a contribution from his capital if he is convicted.

Answer 57

d) Yes, but the man is likely to have to make a contribution to his costs from his wife's income.

Question 58

A woman is arrested for theft of clothing worth £100 from a shop. The woman is a police officer and has no previous convictions. She is seeking a representation order for proceedings in the magistrates' court. The woman is single and has an income of £20,500 a year. She owns a flat worth £150,000 with a mortgage of £100,000. Should the woman be granted a representation order? a) Yes, because she is likely to suffer serious damage to her reputation. b) No, because she will fail the means test as she is in excess of the equity threshold. c) No, because there is no substantial question of law involved in the case. d) Yes, because her income means that she fails the means test. e) No, because she is unlikely to lose her liberty.

Answer 58

a) Yes, because she is likely to suffer serious damage to her reputation.

Question 59

A woman has been charged with common assault and is expected to plead not guilty. She is due to appear at the magistrates' court for the first hearing and is legally represented. Which of the following can the defence solicitor delay until after the first hearing takes place? a) Agreeing with the prosecutor which witness evidence can be read out under s9 of the Criminal Justice Act 1967. b) Deciding which witnesses need to be called and whether they require an interpreter. c) Deciding if the case involves a complex, novel or unusual point of law or fact. d) Advising the woman about the potential sentencing credit for a guilty plea. e) Filing a defence statement under s6 of the Criminal Procedure and Investigations Act 1996.

Answer 59

e) Filing a defence statement under s6 of the Criminal Procedure and Investigations Act 1996.

Question 60

A woman is charged with careless driving (a summary-only offence) and appears at the magistrates' court on police bail. She has two previous convictions for driving offences. The woman admitted the offence in police interview and two eyewitnesses have also given statements. The alleged offence caused injury to a cyclist who has not yet given a statement as he is in hospital. What should the initial details of the prosecution case (IDPC) include? a) A summary of the circumstances of the offence, the woman's criminal record and a statement from the cyclist detailing the effect of the offence on him. b) A summary of the circumstances of the offence, the woman's criminal record and the statements of the two eyewitnesses. c) The statements of the two eyewitnesses, the woman's criminal record and the woman's account given in interview. d) A summary of the circumstances of the offence and the statements of the two eyewitnesses. e) A summary of the circumstances of the offence, the woman's criminal record, the woman's account given in interview and the statements of the two eyewitnesses.

Answer 60

e) A summary of the circumstances of the offence, the woman's criminal record, the woman's account given in interview and the statements of the two eyewitnesses.

Question 61

A man is at his first hearing in the magistrates' court. He is charged with driving with excess alcohol. The evidence against him is overwhelming and there is nothing complex about the case. The man has admitted his guilt in the police interview and will be entering a guilty plea at the hearing. The likely sentence for this offence is a fine and a mandatory disqualification from driving and there is no real risk of a custodial sentence. The man works as a delivery driver and has no previous convictions. He is financially eligible for a representation order. Will the man pass the interests of justice test for legal aid and be granted a representation order? a) Yes, as it is likely that the man will lose his livelihood and suffer damage to his reputation. b) Yes, as the man will be pleading guilty and requires advice on mitigation. c) No, because he has admitted his guilt in the police station and does not require advice on plea. d) No, because the evidence is straightforward and there are no substantial questions of law involved. e) No, because it is not likely that the man will lose his liberty.

Answer 61

a) Yes, as it is likely that the man will lose his livelihood and suffer damage to his reputation.

Question 62

A woman appears in the magistrates' court for her first appearance charged with robbery and enters a not guilty plea. The magistrates refuse bail on the grounds that the starting point for sentencing would be a substantial custodial sentence and that the evidence against the defendant includes CCTV and is therefore very strong. The magistrates issue a full argument certificate. How should the woman's solicitor advise her regarding challenging the magistrates' decision to refuse bail? a) The solicitor should apply for review of the decision on bail to the High Court; the application will be heard by a single judge in chambers within 72 hours. b) The solicitor should apply for bail to a Crown Court judge in writing, who should determine the application on the papers within 72 hours. c) The solicitor should apply for review of the decision on bail to the Crown Court; the application should be heard by a single judge in chambers within 72 hours. d) The solicitor should apply for bail to a Crown Court judge in writing. The bail application will be reheard before the judge in chambers within 48 hours. e) The solicitor should apply for bail to a High Court judge in writing. The judge will determine the application on the papers within 48 hours.

Answer 62

d) The solicitor should apply for bail to a Crown Court judge in writing. The bail application will be reheard before the judge in chambers within 48 hours.

Question 63

A man is charged with murder and has a previous conviction for rape. He denies the murder and wants to apply for bail during the first hearing at the magistrates' court. Which statement best describes how the magistrates will consider the issue of bail? a) The man is not entitled to bail; because of the nature of the offence and his previous conviction he will be remanded in custody until his trial. b) The man has the presumed right to bail unless the magistrates have substantial grounds to fear that one of the exceptions to bail applies. c) The man does not have the presumed right to bail; because of the nature of the offence and his previous conviction, the magistrates will only grant bail in exceptional circumstances. d) The man does not have the presumed right to bail because of the nature of the offence and his previous conviction and the magistrates can never grant bail for an offence of murder. e) The man does not have the presumed right to bail because of the nature of the offence and his previous conviction. The magistrates will only grant bail where there is no serious risk of harm.

Answer 63

d) The man does not have the presumed right to bail because of the nature of the offence and his previous conviction and the magistrates can never grant bail for an offence of murder.

Question 64

A woman is charged with theft from her employer. She has pleaded not guilty and the case has been adjourned for trial. The woman has a condition on her bail not to attend her employer's offices, which was imposed to prevent her from committing further offences. The police receive a report from the employer that the woman has attended a retirement party held in the employer's offices. The woman admits to attending the party but she explains that she had been invited and she did not discuss the case with anyone while she was there. The police allege that the woman has breached her bail condition. Which statement best describes how this will affect the woman's bail position? a) The woman is not in breach of her bail condition because she was invited to the offices and has a reasonable excuse. She will not face any consequences for attending. b) The woman is in breach of her bail condition. She will be brought before the court for her bail to be reconsidered. c) The woman is in breach of her bail condition. She will be charged with an offence of breach of a bail condition. d) The woman is not in breach of her bail condition because she did not commit any further offences at the premises. She will not face any consequences for attending. e) The woman is in breach of her bail condition. She will be remanded in custody until the trial date.

Answer 64

b) The woman is in breach of her bail condition. She will be brought before the court for her bail to be reconsidered.

Question 65

A woman is charged with GBH with intent. She denies the offence as she says she was acting in self-defence. The woman is married with three children and has lived and in the same area for three years. She was born abroad and has dual nationality. The prosecutor objects to bail on the grounds that the woman may fail to surrender to court if bail is granted. Which statement best describes the way that the court will consider bail? a) The woman will not have the presumed right to bail as the offence is so serious that a custodial sentence is inevitable. b) The woman will not have the presumed right to bail. As she has a foreign passport, she will need to surrender her passport for bail to be considered. c) The woman does have the presumed right to bail but the serious nature of the offence will mean that bail will only be granted in exceptional circumstances. d) The woman does have the presumed right to bail but only the nature and seriousness of the offence are relevant factors to decide if there are substantial grounds to believe she would fail to surrender to custody. e) The woman does have the presumed right to bail and her community ties will be considered when deciding whether there are substantial grounds to believe she would fail to surrender to custody.

Answer 65

e) The woman does have the presumed right to bail and her community ties will be considered when deciding whether there are substantial grounds to believe she would fail to surrender to custody.

Question 66

A man is charged with ABH. He was granted bail but on the morning of his trial he fails to surrender to court. The trial is adjourned and a warrant is issued for the man's arrest. The following morning, he attends the police station of his own volition and is arrested and taken to court. The reason he did not attend in accordance with his bail was that he was nervous about going to prison. Which statement best describes how the court will deal with the man's failure to surrender? a) The man will be considered to have a reasonable excuse as he attended the police station before the warrant was executed. b) The man is in breach of conditions of his bail and he will be brought before the court for his bail to be reconsidered. c) The man has committed the offence of failure to surrender and will be remanded in custody until the new trial date. d) The man has committed the offence of failure to surrender and will be sentenced for that new offence, but bail will be granted on the same terms as previously. e) The man has committed the offence of failure to surrender and that conviction gives grounds for bail to be refused until the new trial date.

Answer 66

e) The man has committed the offence of failure to surrender and that conviction gives grounds for bail to be refused until the new trial date.

Question 67

A man has been charged with assault occasioning actual bodily harm and instructs his solicitor that he wishes to indicate a guilty plea at the plea before venue hearing. The man has no previous convictions or cautions. The assault was a single slap occasioning a small bruise in the context of an argument between friends. What is the best advice for the solicitor to give as to what will happen after the man indicates his guilty plea? a) The court will commit the man to the Crown Court for sentence under s14 Sentencing Act 2020.. b) The court will sentence the man; it may adjourn for a pre-sentence report before doing so. c) The court will hold an allocation hearing to determine whether the case should be sent to the Crown Court. d) The court will adjourn for a pre-sentence report because the man has no previous convictions. e) The court will proceed to sentence straight away because the offence is so minor.

Answer 67

b) The court will sentence the man; it may adjourn for a pre-sentence report before doing so.

Question 68

A man is charged with the burglary of a flat in which £10 in cash was stolen. He has three previous convictions for domestic burglary dating from 2001 onwards. He appears in custody at the magistrates' court; his solicitor has received only initial details of the prosecution case. The man instructs his solicitor that he does not want to indicate a plea at this stage but wants to wait to see how much evidence the prosecution has against him. He asks his solicitor what will happen if he fails to indicate a plea. What advice should the solicitor give the man regarding failing to indicate a plea? a) The court is likely to accept jurisdiction because only £10 was stolen. b) The court may accept jurisdiction because of the man's previous convictions. c) The court will send the case to the Crown Court. d) The court will adjourn. It will direct the CPS to prepare and serve the case sent bundle before a new plea before venue procedure takes place. e) The court will require the man to indicate a guilty or not guilty plea as initial details of the prosecution case have been served.

Answer 68

c) The court will send the case to the Crown Court. correct

Question 69

A woman has been charged with criminal damage to her neighbour's car valued at £6,500. She has no previous convictions and wishes to plead not guilty. The woman asks her solicitor what will happen at the magistrates' court after she has indicated her plea of not guilty. What is the correct advice for the woman's solicitor to give her? a) The court will proceed to an allocation hearing. The court will accept jurisdiction because the value of the damaged property is less than £10,000. b) The court will proceed to set standard directions for summary trial and should list a trial within six to nine weeks of the first hearing. c) The court will proceed to an allocation hearing. The court will accept jurisdiction because the woman has no previous convictions. d) The court will proceed to an allocation hearing. The court may accept or decline jurisdiction, but if it accepts jurisdiction the woman may choose a Crown Court trial. e) The court will proceed to an allocation hearing. The court is likely to decline jurisdiction because the value of the property damaged is more than £5,000.

Answer 69

d) The court will proceed to an allocation hearing. The court may accept or decline jurisdiction, but if it accepts jurisdiction the woman may choose a Crown Court trial.

Question 70

A man is charged with theft of £2,000 from the shop where he worked and indicates a not guilty plea at plea before venue. The man has two previous convictions for dishonesty offences for which he served community sentences. He is the primary carer for his partner, who is disabled, and his two young children. Which of the following is an irrelevant consideration for the court at the allocation hearing when deciding whether to accept or decline jurisdiction? a) The fact that the man has two previous convictions for dishonesty offences. b) The fact that the man is a primary carer for his partner and children. c) The fact that the theft was from the man's employer. d) The amount of money allegedly stolen. e) The fact that the man has pleaded not guilty.

Answer 70

e) The fact that the man has pleaded not guilty.

Question 71

A man is due to appear before the magistrates' court charged with three offences of theft (relating to low-value items stolen from vehicles) and two offences of handling stolen goods of low value. The man wants to indicate a not guilty plea and asks his solicitor whether his case will go to the Crown Court or stay in the magistrates' court for trial. How should the solicitor advise the man? a) If the magistrates accept jurisdiction, then the man can choose a magistrates' court or Crown Court trial. b) The man can choose to be tried in the magistrates' court, and this is likely to result in a quicker and cheaper trial. c) The man can choose to be tried in the Crown Court where he is less likely to be convicted. d) Unless the magistrates think the sentence is likely to be over 12 months' imprisonment, or the case is particularly complex, the trial will be in the magistrates' court. e) The magistrates are likely to decline jurisdiction because the total sentence if the man is convicted is likely to be over six months' imprisonment.

Answer 71

a) If the magistrates accept jurisdiction, then the man can choose a magistrates' court or Crown Court trial.

Question 72

A man was in a bar when his colleague noticed a woman discreetly put her hand inside the man's coat pocket and remove his mobile phone before quickly exiting the bar. A woman was arrested outside the bar, after the man's colleague pointed her out to the police. The woman denies the offence and believes that she has been incorrectly identified. What item on the unused material schedule is unlikely to be disclosed to the defence? a) A police notebook entry, which recorded the woman's first words to the police, 'It was not me, you have got the wrong person'. b) The name of a witness who was talking to the man's colleague when the phone was stolen, but who would not provide an account to the police. c) The details of the man's previous convictions. d) A police notebook entry of an unknown person shouting 'You have arrested the wrong person'. e) A copy of a 999 tape where a description of the offender is provided.

Answer 72

c) The details of the man's previous convictions.

Question 73

A woman has been charged with manslaughter in the context of a road traffic collision in which another driver was killed, and the prosecutor is considering which unused material she needs to disclose in the case sent bundle. Which of the following should be withheld by the prosecutor at this stage? a) An unused witness statement from a cyclist who saw the woman's car driving erratically before the collision. b) Items seized from the woman's home address and held by police which the prosecutor has not inspected. c) Notes written by the doctor who examined the woman at the police station, which reveal that she has a mental health problem. d) The criminal records of two prosecution witnesses. e) CCTV stills from a camera near the scene of the collision that shows heavy fog at the time of the collision.

Answer 73

b) Items seized from the woman's home address and held by police which the prosecutor has not inspected.

Question 74

A man has been charged with rape (an indictable-only offence) and appears from custody before the magistrates' court for his first appearance. The man tells his solicitor that he intends to plead not guilty and wishes to apply for bail. He has a previous conviction for attempted rape for which he received a custodial sentence. What should the solicitor advise the man about what will happen at the first hearing? a) The magistrates will send the case to the Crown Court and must set a date for a Plea and Trial Preparation Hearing (PTPH) within 28 days. The court will ask for an indication of plea but no bail application can be made until the PTPH. b) The case will be sent to the Crown Court and a date set for a Plea and Trial Preparation Hearing (PTPH). The court will ask for an indication of plea; the man can apply for bail but this can only be granted in exceptional circumstances. c) The magistrates will send the case to the Crown Court and set a date for a Plea and Trial Preparation Hearing (PTPH) within 42 days. The court will ask for an indication of plea; the man has the right to bail unless a relevant exception applies. d) The magistrates will send the case to the Crown Court and set a date for a Plea and Trial Preparation Hearing (PTPH) within 28 days. No indication of plea or bail application can be made until the PTPH. e) The magistrates will send the case to the Crown Court and set a date for a Plea and Trial Preparation Hearing (PTPH) within 90 days. No indication of plea can be made until the PTPH. The man has the right to apply for bail but this can only be granted in exceptional circumstances.

Answer 74

b) The case will be sent to the Crown Court and a date set for a Plea and Trial Preparation Hearing (PTPH). The court will ask for an indication of plea; the man can apply for bail but this can only be granted in exceptional circumstances. correct

Question 75

A man is charged with manslaughter and the case is sent to the Crown Court under s51 of the Crime and Disorder Act 1998. The man indicates a not guilty plea and applies for bail, but the application is refused. What does the prosecutor need to do in preparation for the Plea and Trial Preparation Hearing (PTPH)? a) Lodge the draft indictment, serve the principal parts of the prosecution case and circulate the draft PTPH form no more than 28 days after the case was sent to the Crown Court. b) Lodge the draft indictment and serve the principal parts of the prosecution case no less than seven days prior to the PTPH, and discuss the information required by the PTPH form with the defence in advance of the hearing. c) Serve the case sent bundle, the draft indictment and witness requirement list no more than 28 days after the case was sent to the Crown Court. d) Serve the response to the defence statement and other issues raised by the defence no less than 14 days prior to the PTPH. e) Serve the principal parts of the prosecution case and the draft indictment no less than 14 days prior to the PTPH.

Answer 75

b) Lodge the draft indictment and serve the principal parts of the prosecution case no less than seven days prior to the PTPH, and discuss the information required by the PTPH form with the defence in advance of the hearing. correct

Question 76

A man is charged with inflicting grievous bodily harm with intent, and the case is sent to the Crown Court. Which of the following must be disclosed under the Criminal Procedure and Investigations Act 1996 (CPIA 1996) as unused material in the case sent bundle? a) The victim's hospital records, which the hospital are refusing to release to the prosecution. b) The previous convictions of a prosecution witness who identified the man in an identification parade. c) The previous convictions of the defence witnesses in the defence witness notification. d) The man's account of the offence as given in interview, as served in the Initial Disclosure of the Prosecution case. e) The statement of a police officer who investigated the man's alibi as given in interview and found evidence that it was false.

Answer 76

b) The previous convictions of a prosecution witness who identified the man in an identification parade.

Question 77

A man is charged with wounding with intent and (in the alternative) assault occasioning actual bodily harm, both relating the same date and victim. He is due to appear before the magistrates' court for the first time. He indicates to his solicitor that he wishes to plead guilty to the offences and asks what will happen at the hearing. How should the solicitor advise the man? a) The man cannot plead guilty at the magistrates' court but can indicate his intention to do so. The magistrates should request the preparation of a pre-sentence report to use in the Crown Court. b) The man can indicate a guilty plea and the magistrates will determine whether to commit him to the Crown Court for sentence. c) The man can indicate a guilty plea; the magistrates will commit him to the Crown Court for sentence for the wounding with intent charge but will determine whether to sentence him themselves for the charge of assault occasioning actual bodily harm. d) The man can plead guilty and the case will be adjourned for pre-sentence reports. e) The magistrates will hear the prosecution summary of the case and the man's mitigation before determining whether their sentencing powers are sufficient to deal with the offences.

Answer 77

a) The man cannot plead guilty at the magistrates' court but can indicate his intention to do so. The magistrates should request the preparation of a pre-sentence report to use in the Crown Court.

Question 78

A man is charged with manslaughter and indicates a plea of not guilty at the magistrates' court. His case is sent to the Crown Court and a date for the Plea and Trial Preparation Hearing (PTPH) is set for 28 days after the case is sent. The man remains in custody. What can the prosecutor do up to 24 hours before the PTPH takes place? a) Lodge the draft indictment. b) Serve the MG5 form. c) Circulate the draft PTPH form. d) Take steps to confirm the availability of the prosecution witnesses. e) Serve the case sent bundle.

Answer 78

e) Serve the case sent bundle. correct

Question 79

A man is charged with robbery and possession of an offensive weapon. The weapon in question is a knife and was allegedly carried by the man to facilitate the commission of the robbery. The robbery is an indictable-only offence and possession of the offensive weapon is either way. The man will be pleading not guilty to both offences. Which statement best describes how the court will deal with allocation? a) The court will decide upon allocation for the either-way offence which should be tried summarily unless it is unlikely that the magistrates' court sentencing powers will be sufficient. b) The court will decide upon allocation for the either-way offence which should be tried on indictment as it is linked to an indictable-only offence. c) The court will decide on venue after taking an indication on plea; where the indication is guilty the either-way offence will be sent to the Crown Court. d) The court will transfer both offences to the Crown Court without considering allocation as the offences are linked. e) The court will decide upon allocation for the either-way offence and the magistrates may exercise their power to retain the linked indictable-only offence.

Answer 79

d) The court will transfer both offences to the Crown Court without considering allocation as the offences are linked.

Question 80

A man is standing trial for theft of a scooter. His barrister believes that because the prosecution failed to introduce evidence establishing to whom the property belonged, he can make a successful submission of no case to answer. When can a submission of no case to answer be made? a) A submission of no case to answer is made at the end of the defence's case and the defence bears a legal burden. b) A submission of no case to answer is made at the end of the prosecution's case and the prosecution bears an evidential burden. c) A submission of no case to answer is made at the end of the prosecution's case and the defence bears an evidential burden. d) A submission of no case to answer is made at the end of the defence's case and the defence bears an evidential burden. e) A submission of no case to answer is made at the end of the prosecution's case and the prosecution bears a legal burden.

Answer 80

b) A submission of no case to answer is made at the end of the prosecution's case and the prosecution bears an evidential burden. correct

Question 81

A man is due to be tried in the magistrates' court for theft of a bicycle. His defence is one of alibi as he was at a friend's house when the offence was committed, and his friend is the only defence witness. The man informs his solicitor one week before the trial date that his friend has to travel for work on the day of trial and cannot attend. What should the solicitor do in response to receiving this information? a) The solicitor should inform the court and the prosecution that the trial date may have to be moved, but should take all reasonable steps to ensure that the man's friend attends the trial as scheduled. b) The solicitor should inform the court and the prosecution that an application to vacate the trial date will be made. c) The solicitor should inform the prosecution that the trial date is no longer possible and seek to agree a new trial date with the prosecutor. d) The solicitor should advise the man that the trial will have to proceed on the listed date even if his friend does not attend. e) The solicitor should advise the man not to try to vacate the trial date as this may result in a wasted costs order.

Answer 81

a) The solicitor should inform the court and the prosecution that the trial date may have to be moved, but should take all reasonable steps to ensure that the man's friend attends the trial as scheduled.

Question 82

A man is charged with common assault and pleads not guilty in the magistrates' court. He tells his solicitor that his defence is one of alibi. He asks his solicitor to trace and interview the alibi witness, but not to reveal her identity to the prosecution until just before the trial date. What is the best advice for the solicitor to give the man? a) The man will lose all credit for any change of plea if he does not mention the alibi witness to the prosecution. b) The man will not be able to call the alibi witness if she is not listed on the Preparation for Effective Trial form. c) It is the man's decision as to whether he reveals the existence of the alibi witness, as the court cannot override the presumption of innocence. d) The man will be unable to obtain further disclosure from the prosecution if he does not list the alibi witness's details on his defence statement. e) The solicitor is required to indicate which defence witnesses are expected to give evidence in person and to identify the real issues in the case.

Answer 82

e) The solicitor is required to indicate which defence witnesses are expected to give evidence in person and to identify the real issues in the case. correct

Question 83

A man is charged with burglary. His solicitor advises him that the evidence against him is very weak and that he has a good chance of being acquitted. The man admits to his solicitor that he committed the burglary but he asks his solicitor if he should plead not guilty. He also asks if he should give evidence and deny that he was present at the scene of the burglary. What should the solicitor advise regarding the plea and the man giving evidence? a) The man should plead guilty as he has admitted his guilt to his solicitor. b) The man may plead not guilty and deny the offence in his evidence as the evidence against him is weak. c) The man may plead not guilty but, if he does so, the solicitor must then cease to act. d) The man may plead not guilty and put forward a defence himself but must not call any other false witnesses. e) The man may plead not guilty but must not put forward a positive defence.

Answer 83

e) The man may plead not guilty but must not put forward a positive defence.

Question 84

A man is on trial accused of causing criminal damage. The magistrates have just sat through four days of evidence, which included details of the man's three previous convictions for criminal damage and his disputed police station confession. Before the magistrates retire to consider their verdict, the man's solicitor will deliver the defence's closing speech. Which of the following issues will be excluded from the defence solicitor's closing speech? a) Reference to the man's police station confession. b) Reference to the prosecutions opening speech. . c) The burden and standard of proof. d) The issue of his client's bad character. e) Reference to his opening speech.

Answer 84

e) Reference to his opening speech.

Question 85

A defendant has been convicted of two offences, one robbery and one possession of a Class A drug. The defendant was arrested at the scene of the robbery and the drugs were found in his possession, during a search of his person, at the police station. He is now due to be sentenced for both offences. Which statement best explains whether the two sentences will run consecutively or concurrently to each other? a) The court should impose consecutive sentences as the offences are not part of the same set of facts. b) The court should impose concurrent sentences as the offences form part of the same series of offending. c) The court should pass concurrent sentences which are calculated by adding together the notional single sentences appropriate for each offence. d) The court should impose consecutive sentences to achieve a longer period served in custody. e) The court should impose concurrent sentences to achieve a shorter period in custody.

Answer 85

a) The court should impose consecutive sentences as the offences are not part of the same set of facts.

Question 86

A man has pleaded guilty to an offence of assault. The man was part of a gang which targeted a vulnerable woman and surrounded her, pushing her over in the street. Another member of the gang filmed the attack on his mobile phone and shared it on social media. The man has a learning difficulty and played a minor role in the attack. Which statement most accurately reflects how the court will consider the seriousness of the offence committed by the man? a) The minor role he played in the attack will not be relevant, all members of the group will be treated the same. b) The man's disability is not relevant to the seriousness of the offences and cannot be used in mitigation. c) The fact that the incident was filmed was important evidence but is not a relevant factor in sentencing. d) The fact that the defendant was part of a gang and is not solely responsible for the offence makes the offence less serious. e) The filming of the incident caused further harm to the victim and will make the offence more serious.

Answer 86

e) The filming of the incident caused further harm to the victim and will make the offence more serious.

Question 87

A woman has stolen £8,000 from her employer. The woman says she always intended to pay the money back and, after she was caught, she did return all the money. The woman has a previous conviction for a similar offence which happened three years beforehand and she has completed the community sentence which was imposed for that offence. The woman entered a guilty plea on the first day of her trial. Which statement is correct when it comes assessing the seriousness of the offence for the purpose of sentencing? a) A previous conviction is not a relevant factor in determining the new sentence as that sentence has been completed. b) The fact that the money was returned after the offence was discovered does not make the offence less seriousness. c) The fact that the victim was the woman's employer makes the offence more serious. d) The fact that the woman entered a guilty plea makes the offence less serious and will mean that she is entitled to at least a one-third reduction in her sentence. e) The fact that the victim of the offence is known to the woman makes the offence less serious as opposed to stealing from a stranger.

Answer 87

c) The fact that the victim was the woman's employer makes the offence more serious.

Question 88

A woman is arrested for an offence of theft. The entire incident is clearly captured on CCTV and the evidence is overwhelming. The woman answers no comment to the questions in the police interview. She has a previous conviction for a very similar offence which was committed two years beforehand. The woman pleads guilty at her first appearance at the magistrates' court and the matter is adjourned for sentence. Which of the following statements best describes the reduction in sentence that the woman is entitled to for her guilty plea? a) She will be entitled to the maximum one-third reduction as she has pleaded guilty at the first stage of proceedings. b) She will be entitled to a one-quarter reduction in her sentence as has she did not admit her guilt in the police interview. c) She will be entitled to a one-tenth reduction as the evidence against her was overwhelming. d) She will be entitled to a one-tenth reduction as she has a recent previous conviction for the same offence. e) She will be entitled to the maximum one-third reduction as all defendants are when a guilty plea is entered.

Answer 88

a) She will be entitled to the maximum one-third reduction as she has pleaded guilty at the first stage of proceedings. correct

Question 89

A woman is charged with robbery and is bailed with a condition of a curfew for seven hours each night. She spends 21 days on bail before she is arrested again for a further robbery and remanded in custody. She spends 90 days on remand before she is convicted of two offences of robbery and sentenced to three years' imprisonment. Which statement best explains how her sentence will be calculated? a) She will serve half the sentence in custody and half the sentence in the community, under supervision. No other time will be deemed served. b) She will serve half of the sentence in custody and half in the community under supervision. Her 90 days spent on remand will be taken off the sentence. c) She will serve the full sentence in custody. Her 90 days spent on remand and half of the 21 days under curfew will be taken off the sentence. d) She will serve two-thirds of the sentence in custody and the final one-third in the community under supervision. Her 90 days spent on remand and 21 days on curfew will be taken off the sentence. e) She will serve two-thirds of the sentence in custody and the final one-third in the community under supervision. Her 90 days spent on remand will be taken off the sentence.

Answer 89

b) She will serve half of the sentence in custody and half in the community under supervision. Her 90 days spent on remand will be taken off the sentence. correct

Question 90

A woman is charged with three offences of common assault which is a summary offence. She enters guilty pleas to all three offences at her first appearance at the magistrates' court and is now due to be sentenced. Which statement best describes the magistrates' powers in relation to her sentence? a) The magistrates have the power to sentence the woman to up to six months' imprisonment for each offence before them to a total of 18 months. b) The magistrates have the power to sentence the woman to six months' imprisonment in total. If they feel their power is insufficient, they can commit the woman to the Crown Court for sentence. c) The magistrates have the power to sentence the woman to up to six months' imprisonment for each offence before them to an upper limit of 12 months maximum. d) The magistrates have the power to sentence the woman to a maximum of 12 months' imprisonment. If they feel their power is insufficient, they can commit the woman to the Crown Court for sentence. e) The magistrates have the power to sentence the woman to up to six months' imprisonment in total.

Answer 90

e) The magistrates have the power to sentence the woman to up to six months' imprisonment in total.

Question 91

Eight months ago, a woman was convicted of ABH. She was sentenced to five months' custody, suspended for a period of 12 months. A requirement to complete 120 hours of unpaid work was attached to the suspended sentence order and the woman has completed that requirement. The woman has now been convicted, in the magistrates' court of a new offence of theft. Can the court activate the sentence of imprisonment? a) Yes, because she has committed an offence during the operational period of the suspended sentence order. correct b) No, because the new offence is unrelated and of a different category to the original offence. incorrect c) No, because the woman has completed the unpaid work, which is the punitive element, attached to the suspended sentence order. incorrect d) Yes, because the new offence is also an imprisonable offence. incorrect e) No, because the new offence is committed outside the five-month period of custody imposed. incorrect

Answer 91

a) Yes, because she has committed an offence during the operational period of the suspended sentence order. correct

Question 92

A man charged with assault occasioning actual bodily harm had his trial in the magistrates' court. Following the prosecution closing it case, his solicitor made a submission of no case to answer. The magistrates found in his favour and dismissed the case against the man. Which of the following statements best represents how the prosecution can appeal the decision? a) An appeal can be made to the Crown Court which will hear legal arguments only. b) An appeal to the High Court which will rehear all of the evidence. c) An appeal to the Crown Court which will rehear all of the evidence. d) An appeal to the High Court which will hear legal arguments only. e) An appeal cannot be made.

Answer 92

d) An appeal to the High Court which will hear legal arguments only.

Question 93

A woman was convicted of aggravated burglary. The prosecution's case was that her fingerprints and DNA were found in the burgled house and on a knife used to threaten the victim. She now appeals against her conviction on the ground that trial judge misdirected the jury on drawing an adverse inference from her refusal to answer questions during her police interview and at trial. If the appeal court accepts that there was a misdirection, which of the following statements best describes the outcome? a) The Court of Appeal will quash the conviction and order that a retrial takes place. b) The Court of Appeal will quash the conviction. c) The Court of Appeal will dismiss the appeal. d) The High Court will dismiss the appeal. e) The High Court will quash the conviction.

Answer 93

c) The Court of Appeal will dismiss the appeal.

Question 94

A man convicted of battery was sentenced to a 12-week custodial sentence. He has advised his solicitor that he wishes to appeal against his conviction. Which of the following statements best describes the advice that his solicitor should provide? a) He has 28 days from the sentence hearing to appeal. b) He has 21 days from conviction to appeal. c) He has 28 days from sentence to appeal, and permission to appeal must be granted by a single judge. d) He has 21 days from sentence to appeal. e) He has 21 days from conviction to appeal and permission must be granted by a single judge.

Answer 94

d) He has 21 days from sentence to appeal.

Question 95

A woman was convicted after trial in the Crown Court of murder, having already pleaded guilty to burglary. She had agreed with a man to carry out a burglary. During the burglary, the man stabbed the owner of the dwelling killing him. She denied having knowledge that he was carrying a knife and told the jury that they had a clear agreement not to engage in any violence if there was a confrontation. Her defence was that this was a supervening event and she did not have the mens rea of being a secondary party for murder. She believes the judge incorrectly directed the jury on this issue. Permission has been granted for her appeal against her murder conviction in the Court of Appeal. If the three-judge panel accepts that the trial judge incorrectly directed the jury, which of the statements below is correct? a) The murder conviction must be quashed and she will be acquitted. b) The murder conviction must be quashed and she will be found guilty of manslaughter. c) The murder conviction could be quashed and the CPS will order that she should be retried. d) The murder conviction must be quashed and it is likely that a re-trial will be ordered. e) The appeal could be dismissed.

Answer 95

e) The appeal could be dismissed.

Question 96

A man is convicted after trial in the magistrates' court of causing criminal damage to his neighbour's car. The key evidence against him came from his neighbour who claimed to have witnessed the man repeatedly kick the vehicle. After his conviction, another person advised the man that the neighbour could not have witnessed the damage being caused as he was with the neighbour in the pub at the time of the offence. The case has now been listed for appeal against conviction in the Crown Court. Which of the statements below best describes the Crown Court appeal procedure? a) A recorder and two magistrates will make their decision after hearing all of the evidence. b) A recorder and two magistrates will make their decision after only hearing legal arguments from the defence and prosecution. c) A circuit judge and two magistrates can only hear the appeal because the man is arguing that an error was made in fact rather than law. d) A circuit judge will make their decision after hearing evidence from just the new witness. e) A recorder and two magistrates will make their decision after hearing evidence from just the new witness.

Answer 96

a) A recorder and two magistrates will make their decision after hearing all of the evidence.

Question 97

A man enters a guilty plea to an offence of theft during the Plea and Trial Preparation Hearing at the Crown Court. The judge sentences him to 18 months' imprisonment, but the judge gives the man no credit for his guilty plea. The man wishes to appeal on the grounds that the sentence was manifestly excessive. Which statement best describes how the Court of Appeal will deal with the matter? a) The court will confirm the sentence and dismiss the appeal because there are no grounds for appeal in this case. b) The court will quash the sentence and may impose any other sentence available to the Crown Court, including a sentence which is higher than the original. c) The court will quash the sentence and refer the matter back to the Crown Court for a re-sentence. d) The court does not deal with appeals against sentence and will pass the matter down to the High Court to deal with. e) The court will quash the sentence and may impose any other sentence available to the Crown Court, but not a sentence more severe than the original.

Answer 97

e) The court will quash the sentence and may impose any other sentence available to the Crown Court, but not a sentence more severe than the original.

Question 98

A 14-year-old boy has been charged with robbery. It is alleged that he stole an elderly women's handbag outside her home address, threatening her with a knife. He denied committing the offence during his police interview and intends to plead not guilty. Can his case be sent to the Crown Court? a) No, as robbery is not a grave crime. b) Yes, robbery is a grave crime and must be tried in the Crown Court. c) Yes, if the youth court is of the view that its maximum sentencing powers are insufficient. d) No, given his age he must be tried in the youth court. e) Yes, but only once he has been convicted after trial in the youth court.

Answer 98

c) Yes, if the youth court is of the view that its maximum sentencing powers are insufficient. correct

Question 99

A 16- and 18-year-old were charged with battery. It was alleged that the young defendant grabbed the victim, allowing the older defendant to punch him. They both denied the offence but were convicted after trial. Both of them have a number of previous convictions for violence. Which statement best describes the venue for where their trial(s) and sentence hearing(s) took place. a) They will have been tried and sentenced together in the magistrates' court. b) The 16-year-old will have been tried and sentenced in the youth court, and the 18-year-old will have been tried and sentenced in the magistrates' court. c) They will have both been tried together in the youth court and the 18-year-old will have been sent to the magistrates' court for sentencing. d) They will have both been tried in the magistrates' court and the 16–year-old will have been sent to the youth court for sentencing. e) They will both have been tried and sentenced together in the youth court.

Answer 99

d) They will have both been tried in the magistrates' court and the 16–year-old will have been sent to the youth court for sentencing.

Question 100

A man charged with burglary was sent to the Crown Court for trial. After the hearing, the police charged a youth with participating in the same burglary. It is alleged that both of the defendants acted as joint principals. The youth along with adult defendant deny the offence. Advise the youth on the venue for his trial. a) The youth court as the youth was not charged at the same time as the adult. b) The Crown Court; when two defendants are jointly charged with the same offence, they must be tried together. c) The youth court as burglary is not an indictable offence. d) The Crown Court but only if it is in the interests of justice to do so. e) The Crown Court but only if he is deemed mature enough.

Answer 100

d) The Crown Court but only if it is in the interests of justice to do so.

Question 101

A 15-year-old girl has been convicted after trial of two offences of robbery. She viciously attacked two girls age 9 and 10, taking their mobile phones. She is a first-time offender. Which of the following statements best describes the court's authority for sentencing her to a detention and training order? a) It is not possible to impose a detention and training order because of her age. b) The maximum period for a detention and training order is 28 months. c) A detention and training order can be made without the court receiving a pre-sentence report. d) A detention and training order can be imposed despite it being her first offence. e) The court could impose a suspended detention and training order.

Answer 101

d) A detention and training order can be imposed despite it being her first offence.

Question 102

A girl aged 15 is appearing before the youth court. She pleaded guilty on the morning of her trial to battery. After she entered her guilty plea, the Youth Offending Team were asked to prepare a stand down report to enable her to be sentenced without the need for an adjournment. When deciding on her sentence, which of the following factors are the magistrates likely to discount from their consideration? a) The prevention of her offending. b) Restorative justice methods. c) The timing of her guilty plea. d) The reduction of crime. e) Her development and emotional age.

Answer 102

d) The reduction of crime. correct

Question 103

A youth has been convicted of criminal damage. The youth court is considering its sentencing options including a referral order. Which of the statements below will prevent the youth court from being able to impose a referral order? a) This is the youth's second conviction. b) The youth court is unable to agree a 'youth offender contract' with the youth. c) The youth court wants to award compensation to the victim. d) The youth was convicted after trial. e) The youth has previously had a referral order.

Answer 103

d) The youth was convicted after trial.

Question 104

A boy aged 15 has been found guilty of three offences of theft after trial and appears before the youth court for sentence. After consideration of the Youth Offending Team's pre-sentence report, they impose a Youth Rehabilitation Order with the requirement to carry out 150 hours of unpaid work. Which of the statements below correctly identifies whether the youth court can impose a Youth Rehabilitation Order with the requirement to carry out 150 hours of unpaid work? a) Theft is an imprisonable offence and he must have committed an imprisonable offence. b) The youth court can impose a Youth Rehabilitation Order with the requirement to carry out 150 hours of unpaid work but for a maximum of two years. c) There is a minimum of two requirements. d) The youth court cannot impose a Youth Rehabilitation Order with the requirement to carry out 150 hours of unpaid work because of his age. e) The youth court is obliged to make an order if the Youth Offending Team has recommended it.

Answer 104

d) The youth court cannot impose a Youth Rehabilitation Order with the requirement to carry out 150 hours of unpaid work because of his age.

Question 105

A girl aged 14 has pleaded guilty in the youth court to criminal damage. The offence was committed one month after being sentenced to a referral order for a separate offence of criminal damage. The length of the referral order agreed with the youth offender panel was four months. Which of the following statements best describes the youth court's power when a youth commits an offence whilst subject to a referral order? a) The referral order will automatically be revoked. b) The referral order could be extended by 12 months from the date of the sentence hearing. c) The referral order will be replaced by a more serious type of sentence. d) A further referral order could be made. e) The referral can only continue if its length is extended.

Answer 105

d) A further referral order could be made. correct

Question 106

A person has been charged with theft of electrical items to the value of £50. He was aged 17 when he committed the offence but turned 18 a week before his first court appearance. He has advised his solicitor that he is not guilty of the offence and wants to have his trial before a jury in the Crown Court. Which of the following statements correctly describes if he can have a Crown Court trial? a) He can elect a Crown Court trial. b) He cannot elect a Crown Court trial as theft is not a grave crime. c) He can elect a Crown Court trial but only if the youth court believes that its sentencing powers are insufficient. d) He can only be sent to the Crown Court for sentence. e) The Crown Court will decline jurisdiction.

Answer 106

a) He can elect a Crown Court trial.

Question 107

A woman and a 17-year-old boy appear together at the magistrates' court. The woman is charged with wounding with intent in relation to the stabbing of a man, and the 17-year-old is jointly charged with wounding with intent and is also charged with affray in relation to the same incident. The defendants both indicate not guilty pleas to the charges. What is the appropriate next step for the magistrates to take? a) Send the woman and the 17-year-old boy for trial in the Crown Court in relation to both charges, if the magistrates consider that it is in the interests of justice. b) Explore with the parties whether the woman and the 17-year-old boy are prepared to plead to other offences, and briefly identify with them the issues in the case. c) Send the woman to the Crown Court for trial and transfer the 17-year-old's case to the youth court. d) Transfer both the woman and the 17-year-old's cases to the youth court. e) Send the woman's case to the Crown Court for trial and proceed to a plea before venue procedure in relation to the 17-year-old boy.

Answer 107

a) Send the woman and the 17-year-old boy for trial in the Crown Court in relation to both charges, if the magistrates consider that it is in the interests of justice.