M XI

Question 1

A sole trader has incurred the following expenses:

• Motor expenses costing £450 for her car that she uses 70% for business

• £4,000 electricity and gas used by the business
• Legal fees of £850 in respect of the acquisition of the business premises

• £1,500 for the acquisition of a laptop to be used within the business

What amount can be deducted when calculating the sole trader’s tax adjusted trading profits?

£5,815

£4,315

£4,450

£5,165

£5,300

Answer 1

B) £4,315. Only the business proportion of revenue expenses are allowable, so only 70% of the motor expenses can be deducted. The electricity and gas expense is wholly related to the running of the business and, therefore, deductible in full. Whereas the legal fees for the acquisition of the premises and the cost of the laptop are one off capital expenses and, therefore, are not deductible. (£450 x 70%) + £4,000 = £4,315.

Question 2

During the 20/21 financial year, a UK technology start-up company had revenues of £800,000.

Salaries and wages added up to £300,000. Interest on business loans was a further £10,000. The company also purchased some IT equipment for £100,000. The annual investment allowance for 2021 is £200,000.

What is the company’s taxable profit?

£690,000

£472,000

£800,000

£390,000

£790,000

Answer 2

(D) As a general rule, all costs are allowed to reduce corporate income unless an exception applies. No exception applies to salaries and wages or interest on a business loan. Therefore, the £300,000 in salaries and wages is fully deductible, as is the £10,000 in business interest. Generally, business plant and machinery costs are deductible at the rate of 8% or 18% per year. However, the £200,000 annual investment allowance may be taken to offset the cost of qualifying assets (that is, long-term assets used by the company to provide a good or service, such as the £100,000 IT equipment here). Thus, the full £100,000 purchase price of the equipment is deductible and not just £18,000. (A) is incorrect because the wages and salaries expense are fully deductible too. (B) is incorrect because it allows for a deduction of only 18% of the IT equipment. (C) is incorrect because it does not allow for any deduction. (E) is incorrect because it allows for the deduction of the interest only.

Question 3

A company has a corporation tax liability of £45,000 for the year ended 31 March 2021.

When is the corporation tax due for the year ended 31 March 2021?

By 31 January 2022

By 1 January 2022

By 31 March 2022

By 31 March 2021

By 31 December 2021

Answer 3

B) By 1 January 2022. Companies which are not large (generally, companies with profits of less than £1.5 million) must pay their corporation tax 9 months and 1 day from the end of the accounting period.

Question 4

A VAT-registered engineer agreed to do some work for a client on a flat fee scheme. The client paid the engineer the orally agreed amount on 10 April, and the engineer sent an invoice to the client on 15 April.
The engineer commenced working on 1 June and concluded his work on 31 August.

What is the tax point for VAT purposes?

10 April

15 April

1 June

31 August

1 September

Answer 4

(A) 10 April. In cases where the payment is made and the invoice is issued before the good or service is supplied, the tax point is the earlier of the payment or invoice date which, here, is 10 April.

Question 5

On 1 January 2021, a store owner purchased a new commercial building for £500,000 plus £100,000 VAT. The stamp duty land tax for commercial buildings at the time was as follows:

• 0% up to £150,000
• 2% of amounts £150,001 - £250,000
• 5% of amounts over £250,000

What is the stamp duty land tax payable by the store owner?

£15,000

£20,000

£14,500

£19,500

£25,000

Answer 5

(D) £19,500. SDLT on a new commercial building is payable on the VAT inclusive price at the non-residential rates. Thus, the tax will be based on £600,000. Under the rates given, nothing is owed for the first £150,000, £2,000 is owed on the next £100,000 (2% of amount between £150,000 - £250,000) and £17,500 would be owed on the £350,000 purchase price above £250,000 (£350,000 x 5% = £17,500). £2,000 + £17,500 = £19,500

Question 6

A store owner is granted a 40-year lease on a shop on 1st January 2020. The premium payable is £55,000 and the net present value of the rent payable is £175,000. Annual rents under the lease are £6,000 per annum (a total of £240,000).
On what amount will the stamp duty land tax be calculated?

£0, as stamp duty land tax is not owed on leases.
£55,000, as stamp duty land tax will be calculated based only on the premium paid.

£175,000, as stamp duty land tax will be calculated based only on the present value of the lease payments.

£240,000, as stamp duty land tax will be calculated based only on the actual value of the rent to be paid.

£230,000, as the stamp duty land tax will be calculated based only on both the premium paid and the present value of the lease payments.

Answer 6

(E) £230,000, as the stamp duty land tax will be calculated based only on both the premium paid and the present value of the lease payments. It follows that the other choices are incorrect.

Question 7

A landlord acquired a residential investment property for £350,000 on 1 September 2020 to add to her existing portfolio of residential properties. The stamp duty land tax for residential property at the time was as follows:

• 0% up to £125,000
• 2% for amounts £125,001 - £250,000
• 5% for amounts over £250,000 but not more than £925,000

A 3% premium is owed on additional residential properties.

How much stamp duty land tax will the landlord owe on the purchase?

£18,000

£17,500

£18,500

£14,500

£15,000

Answer 7

(A) £18,000. An additional 3% is charged in each band due to this being an additional purchase of residential property. Residential properties are exempt from VAT, so we need not worry about calculating VAT. Thus, the landlord must pay 3% on the first £125,000 (£3,750), 5% on the next £125,000 (£6,250), and 8% on the amount over £250,000 (£350,000 - £250,000 = £100,000; £100,000 x 8% = £8,000). So, £3,750 + £6,250 + £8,000 = £18,000.

Question 8

A large UK-based textile producer has bought some denim fabric from a supplier, paying £1,200,000, which included £200,000 VAT. Half of the denim was used to produce blue jeans for adults and the other half was used to produce denim jackets for toddlers, which are zero rated for VAT. The denim jackets were sold for £4.8 million, and the blue jeans were sold for £3.6 million.

How much VAT must the textile producer pay the HMRC?

£400,000

£800,000

£1,400,000

£1,200,000

£600,000

Answer 8

(A) The textile manufacturer would have to pay £400,000. Because children’s clothes are zero-rated for VAT, the seller can still recover VAT paid for inputs, such as money paid for the fabric, even though no VAT has been charged on the sale. The sale of adult blue jeans would include VAT of £600,000 (£3 million plus 20% equals £3.6 million). The VAT charged of £600,000 can then be offset by the VAT paid for the fabric, which was £200,000. Therefore, the net amount to pay HMRC is £400,000.

Question 9

A young man regularly carried a lot of cash with him after payday. His friend was worried that someday the young man might be robbed. To teach the young man to be more careful, and intending to frighten him, the friend jumped out from behind a bush wearing a mask and brandishing a cricket bat, saying “Give me your money!”. The friend did not intend to use the bat as a part of his performance; he intended only to show it to scare the young man. The young man was so frightened, he fell over, knocking his head on the pavement and fracturing his skull.

Which of the following is the most serious crime for which the friend could be convicted?
Robbery.

Theft.

Common assault.

Wounding or causing grievous bodily harm without intent.

Wounding or causing grievous bodily harm with intent.

Answer 9

(D) The most serious crime for which the friend could be convicted is wounding or causing grievous bodily harm without intent. This crime requires causing grievous bodily harm with intention or recklessness regarding some harm. Here, the friend’s actions caused the young man to fracture his skull. The friend did not intend for the young man to hit his head. However, the test for recklessness is whether the defendant foresaw the risk of causing some harm and whether, in the circumstances known to the defendant, it was an unreasonable risk to take. Here, the friend must have foreseen the risk of causing some harm by jumping out brandishing a cricket bat, and it would certainly be an unreasonable risk to take. (A) and (B) are incorrect because the friend did not commit the required physical act or have the requisite intent for robbery or theft. For a person to be guilty of either of these two offences, he must dishonestly take a person’s property and intend to deprive the person of the property permanently. Neither requirement was satisfied here. The friend’s actions do constitute common assault, but wounding or causing grievous bodily harm is a more serious offence and so is a better choice than (C). (E) is incorrect because wounding or causing grievous bodily harm with intent requires intent to cause grievous bodily harm, and the friend had no such intent.

Question 10

A mother decides to go to a local supermarket to steal a tin of beans for her hungry children. She leaves the house with no money, takes a basket, goes to the supermarket aisle, picks up the tin of beans, and places the tin in the basket. She then moves the tin from her basket to her coat pocket. She then drops the basket and walks past the till, making no attempt to pay. She is then stopped by the security guard outside the store.

At what point has the mother committed the offence of theft?

When she left her house without any money.

When she went into the shop.

When she picked up the tin of beans.

When she moved the beans from the basket to her coat pocket.

When she walked past the till.

Answer 10

(C) The mother committed a theft when she picked up the tin of beans. Theft requires the appropriation (taking) of another’s property with the intent to deprive them of it dishonestly. When the mother picked up the tin of beans with the intent to take them without paying, the required act and the required mental state coincided and the crime was committed. The fact that the woman had not yet walked past the till is immaterial. (A) and (B) are incorrect because at that point, the woman had not appropriated the tin. (D) and (E) are incorrect because at that point, the woman had already appropriated the item. It may seem counterintuitive because it would be almost impossible for the security guard to know at the time the woman took the tin that she intended to steal the beans. Nevertheless, in law she has committed theft at that moment.

Question 11

The local supermarket is very busy and baskets are in short supply. A man spots an abandoned basket at the end of the fruit aisle and goes to pick it up. A woman rushes over to him and shouts aggressively, “If you take that basket, I’ll hit you”. The man is not afraid and says, “Hit me if you dare” and takes the basket. The woman walks off, defeated.

Is the woman guilty of assault?

No, because there was no application of unlawful force.

No, because the man was not afraid.

No, because the threat was conditional.

Yes, because the woman caused the apprehension of immediate, unlawful force.

No, because the assault was only an attempt as the man still got the basket.

Answer 11

(D) The woman is guilty of assault. Assault requires the defendant to intentionally or recklessly cause the apprehension of immediate, unlawful violence. Here, it is the woman’s intention for the man to believe she will apply unlawful force upon him, so the requirements are all satisfied. (B) is incorrect as apprehension does not mean fear-it simply means belief that unlawful force will be applied. (C) is incorrect as conditional threats are sufficient for assault. (E) is incorrect as assault requires no outcome aside from apprehension of immediate, unlawful violence.

Question 12

A man broke into a home with an intent to steal the owner’s jewellery.

Which of the following items, were they to be in the possession of the man, would not result in the man being charged with an aggravated burglary instead of simple burglary?

A water pistol that looks like a real gun.

A baseball bat with nails sticking out.

Sleeping tablets to drug the owner of the building.

A firework that he planned to light to scare anyone who tried to stop him.

A rifle that is taken from a locker inside the home.

Answer 12

(E) A defendant is guilty of aggravated burglary if he commits any burglary and at the time has with him any weapon, imitation firearm, or explosive. An offender must have the weapon when he enters the building; it cannot be something he picks up whilst inside. While a rifle is a weapon, the man picked it up inside the building. Choices (A) through (D) are incorrect because they are among the prohibited items that would lead to an aggravated burglary charge.

Question 13

A man was stopped by police in his neighbour’s garden shed, rummaging through the boxes inside. The man was arrested before he had taken anything.
What is the most serious offence with which the man is most likely to be charged?

Burglary.

Attempted burglary.

Theft.

Attempted theft.

Robbery.

Answer 13

(A) The man is most likely to be charged with burglary. Burglary can be committed at the point of entry. A defendant commits burglary when they enter a building or part of a building as a trespasser with the intention to commit theft, grievous bodily harm, or criminal damage and while knowing that they are a trespasser. Here, it seems likely that the man entered the shed as a trespasser with the intent to commit theft. (B) is incorrect as the burglary was completed at the point of arrest. The defendant does not have to actually steal; he just needs to have the intent. (C) is incorrect. Theft is the dishonest appropriation of property belonging to another, with intention to permanently deprive the other of it. The man was rummaging through boxes when he was arrested, so the theft had not yet been completed. (D) is incorrect as, whilst the elements of attempted theft are likely made out, it does not fully reflect the man’s criminality and so is not the best charge. (E) is incorrect as robbery requires the use or threat of force, which is not the case here.

Question 14

A worker is in a café during his lunch break. He drops a coin between the cushions of the armchair on which he is sitting and reaches in to retrieve it. As well as finding the coin he dropped, he finds a watch that is not his. The worker looks at the watch carefully and puts it in his pocket, intending to keep it.

In which of the following situations would the worker be guilty of theft?

The worker believes the watch belongs to his friend, and he incorrectly believes the friend would consent to him keeping the watch.

The worker mistakenly believes the watch to be his own watch that he lost the previous week.

The worker believes the owner could not be discovered by taking reasonable steps, and he intends to take it to the police station.

The worker believes the owner could not be discovered by taking reasonable steps, but he does not intend to take it to the police station.

The worker is willing to pay for the watch.

Answer 14

(E) The worker would be guilty of theft even if he is willing to pay for the watch. The definition of theft is the appropriation of property belonging to another with intention to permanently deprive. In this scenario, all of the elements are made out with the exception of dishonesty. However, the statutory description of dishonesty specifically states that an appropriation of property belonging to another may be dishonest notwithstanding that the person may be willing to pay for the item; therefore, (E) is the correct answer. The statute also sets out three situations where a person will not be deemed to be dishonest. A person is deemed not to be dishonest when they believe: (1) they have a right in law to the property, (2) they would have the owner’s consent, or (3) the owner could not be discovered by taking reasonable steps. It does not matter if the person is mistaken in their belief. (A) is incorrect because the worker is not dishonest if he believes the owner of the watch, his friend, would consent. (B) is incorrect because the worker is not dishonest if he believes he owns the watch. (C) and (D) are incorrect because the worker is not dishonest if he believes the owner could not be discovered by taking reasonable steps. It does not matter whether he intends to take the property to the police.

Question 15

A woman is accused of killing her husband and charged with murder. The woman has a number of potential defences.

If all the following defences are available to the woman, which would be the best one for her to put forward to the court?

Self-defence.

Loss of control.

Diminished responsibility.

Any of the above.

None, because they are not defences to murder.

Answer 15

(A) Self-defence is the best defence, as it is a complete defence and would result in acquittal. All three defences are potential defences to murder, so (E) is not correct. (B) and (C) are only partial defences to murder and would result in the woman being convicted of manslaughter and facing a substantial custodial sentence. (D) is incorrect as self-defence would allow the woman to be completely exonerated of the offence.

Question 16

A boy and a girl wanted to play a trick on their teacher. Without the girl’s knowledge, the boy bought a rubber snake, which he then gave to the girl, hoping she would put it in the teacher’s drawer. The girl duly did so. After opening her desk, the teacher saw the snake and fell off her chair, breaking her hip.

How best could the prosecution bring a charge against the boy for wounding or causing grievous bodily harm without intent?

By supplying the snake, the boy is vicariously responsible for the offence.

The boy cannot be charged with any offence as he did not put the snake in the drawer.

The boy should be charged as encouraging or assisting the girl.

The boy should be charged as a principal, as he was reckless.

The boy should be charged with attempting to commit grievous bodily harm.

Answer 16

(C) The boy should be charged with encouraging or assisting, as this crime requires only that the boy assist in doing an act which would amount to the commission of a crime. The assistance need only be in the conduct (that is, placing a rubber snake in the teacher’s drawer) and not the result (that is, that the teacher’s hip be broken). (A) is incorrect because there is no doctrine of vicarious liability in criminal law. (B) is incorrect because the boy can be charged as a party to the offence, if not the principal. (D) is incorrect. A principal is one who commits the act and has the required mental state at the time. It is doubtful the boy’s action of giving the girl a rubber snake is enough to be guilty as a co-principal. (E) is incorrect because attempt requires specific intent. To be guilty of attempt it must be shown that the boy intended to cause the teacher grievous bodily harm, and there is nothing in the facts that shows this; the facts merely indicate that the boy wanted to play a trick on his teacher.

Question 17

An 11-year-old boy is playing with some matches in the local park. The boy strikes a match, drops it in the bin, and then watches it smoulder. Believing it will go out and not foreseeing the risk of fire, the boy leaves the park and goes home. The smouldering match sets fire to the bin, which spreads to neighbouring plants, fencing, and the park ranger’s lodge, causing significant damage.

Is the boy guilty of arson for the damage caused to the park ranger’s lodge?

Yes, as the boy recklessly caused damage by fire to property belonging to another.

No, as the boy is under the age of criminal responsibility.

Yes, as a reasonable person would have foreseen the risk of damage to property, and it was an unreasonable risk to take in the circumstances known to the boy.

No, as the boy did not foresee the risk of damage to property.

No, as the boy did not set fire to the park ranger’s lodge.

Answer 17

(D) The boy is not guilty of arson. Arson is criminal damage by fire. A person commits criminal damage by destroying or damaging property belonging to another, intending to do so or being reckless as to whether the property is damaged. The test for recklessness is largely subjective: Did the defendant foresee the risk of the harm occurring, and, in the circumstances known to the defendant, was it an unreasonable risk to take? Here, the boy did not foresee the risk of the harm occurring, so he was not reckless. There is also no intention of damaging the park ranger’s lodge by fire, so there is no mens rea for the offence. (A) is, therefore, incorrect. (B) is incorrect as the age of criminal responsibility is 10. (C) is incorrect, as the test for recklessness is not objective. (E) is incorrect, as the fire the boy started spread to the lodge, and so the actus reus is satisfied.

Question 18

A man and his wife are arguing over whose turn it is to fill their car with petrol. In a fit of rage, the man picks up a cricket bat and smashes it into the side of the car, creating a large dent. The car is co-owned by the man and his wife.

Can the man be charged with criminal damage to property?

No, because the actus reus requirement cannot be satisfied under the circumstances.

Yes, but only because the man’s actions were intentional.

No, because the man acted in a fit of rage.

Yes, because the wife is a co-owner of the car.

No, because the mens rea requirement was not satisfied.

Answer 18

(D) The man can be prosecuted because the car is owned by his wife as well as by him. Criminal damage to property arises when a person destroys or damages property belonging to another, either intentionally or recklessly. The crime can arise by damaging property co-owned with another. (A) is incorrect because actus reus means the physical act, and here, as explained, the required physical act-damage to the property of another-is present. (B) is incorrect because the crime can be committed through reckless conduct as well as through intentional conduct. (C) is incorrect because a fit of rage is not a defence to a charge of criminal damages. (E) is incorrect because mens rea means the mental state required, and here, the mental state required is intentional or reckless damage to property belonging to another. It was satisfied because the man appears to have acted intentionally-he picked up the bat and hit the car with it.

Question 19

The manager of a residential care home for people with extreme learning difficulties withdrew £3,000 from a resident’s account to pay off the manager’s personal credit card debt.

Which of the following would be the most appropriate offence with which to charge the manager?

Fraud by false representation.

Fraud by failure to disclose information.

Fraud by abuse of position.

Burglary.

Theft.

Answer 19

(C) The manager should be charged with fraud by abuse of position. A defendant commits fraud by abuse of position when she abuses her position in which she is expected to safeguard the financial interests of another. Here, the manager was in a position where she was expected to safeguard the bank accounts of residents. She abused that position by using a resident’s funds to pay off her own debts. (A) is incorrect because fraud by false representation requires a false representation, and nothing in the facts indicates any such representation was made. (B) is likewise incorrect because fraud by failure to disclose requires a failure to disclose information one is under a duty to disclose to make a gain for herself, and here there is no evidence of such a nondisclosure. (D) is incorrect because burglary requires trespass, which is not relevant here. (E) is arguably correct, but not as clearly as (C). Theft requires the taking of another person’s property with an intention to permanently deprive the other of that property. We do not know if the manager intended to return the money (that is, if she was just ‘borrowing’ it from the resident until she could repay it), and so (C) is the better choice.

Question 20

A partner at a law firm is arrested on suspicion of involvement with a large-scale fraud. It is suspected he and the other partners at the firm have systematically claimed fees for work not completed. The officer in charge of the investigation wishes to prevent the suspect from having legal advice, as they suspect exercise of the right will result in the other partners being alerted to the investigation.

Can the suspect be refused access to legal advice?

No, every person under arrest has the right to receive private legal advice during detention at any time.

No, a legal professional cannot be refused access to legal advice.

Yes, access to legal advice can be delayed for a maximum of 36 hours.

Yes, access to legal advice can be delayed for a maximum of 48 hours.

Yes, access to legal advice can be refused entirely.

Answer 20

(C) Access to legal advice can be delayed for 36 hours. Delay in accessing legal advice is permitted only when: (1) the suspect is arrested on an indictable only or either way offence, (2) a police officer of the rank of superintendent or above has authorised the delay in writing, and (3) the officer has reasonable grounds to believe that exercise of the right will lead to interference with evidence, interference with others, alerting other suspects, or hindering the recovery of property related to the offence. Fraud is an either way offence. The right can be delayed 36 hours at most, and so (C) is the correct answer. (A) is incorrect as access to legal advice can in some circumstances be prevented. (B) is incorrect as there is no special rule for legal professionals. (D) and (E) are incorrect as they do not correctly state to what extent access can be delayed.

Question 21

A defendant is standing trial in the Crown Court on a charge of burglary. A witness has identified the defendant’s car at the scene of the crime.

Which statement correctly states the judge’s duty in relation to the warning they must give to the jury?

A Turnbull warning should be given.

A modified Turnbull warning should be given.

A Turnbull warning and an additional warning of the unreliable nature of vehicle identification should be given.

No direction should be given in relation to the identification of the car.

A Turnbull warning should be given if the defendant requests it.

Answer 21

(D) The judge should not give any direction in relation to the identification of the car. Turnbull warnings relate to the identification of people, not objects or cars. (A), (B), (C), and (E) are therefore incorrect.

Question 22

A defendant is charged with robbery, which is an indictable only offence. It is a complex matter, and the trial is expected to take some 10 weeks. The defendant appears before the Magistrates’ Court, where his case is committed to the Crown Court.
How soon is the defendant likely to have his first Crown Court hearing?

Within seven days.

Within 14 days.

Within 28 days.

Within 42 days.

Within 56 days.

Answer 22

(B) The defendant will have his first Crown Court hearing within 14 days. When an indictable only matter is sent to the Crown Court, a preliminary hearing will take place within 14 days of being sent if: (1) the trial is likely to last more than four weeks, (2) there are case management problems to address, (3) an early trial date is needed, (4) one of the defendants is under 18, or (5) there is likely to be an early guilty plea. Here, as the trial is likely to take some 10 weeks, a preliminary hearing would be expected within 14 days. (A), (C), (D), and (E) are all incorrect as they misstate the time frame for a preliminary hearing.

Question 23

A defendant is charged with burglary and appears before the Magistrates’ Court for first appearance. He would like to be remanded on bail.

Which of the following correctly states when the court can refuse an application for bail?

The court finds there are substantial grounds to deny bail.

The defendant is charged with an either way or indictable only offence, and the court believes the defendant will commit further offences.

The court finds there is a real prospect of a custodial sentence being imposed, and one of the exceptions to the right to bail applies.

The defendant is charged with an indictable only offence.

The court cannot refuse an application for bail unless the defendant is charged with murder.

Answer 23

(C) Defendants have a general right to bail. The court can refuse bail and remand a defendant into custody if it finds: (1) there is an exception to the right to bail, and (2) there is a real prospect of a custodial sentence being imposed if convicted. (A), (B), and (D) are incorrect because they do not correctly describe the test for bail. (E) is incorrect because the court can refuse an application for bail from a defendant charged with any type of offence.

Question 24

A defendant was interviewed at the police station on suspicion of robbery which he was suspected to have committed with his girlfriend. He was legally represented in interview. At trial, the defence solicitor applies to have the interview excluded.

In which of the following scenarios is the application to have the interview excluded unlikely to be successful?

There were six police officers present during the interview.

The legal representative told the defendant what to say when police officers asked questions.

The police officers told the defendant he would be given bail if he admitted the offence.

The police officers offered to halt investigation of his girlfriend if the defendant admitted he committed the offence alone.

The police officers agreed to notify the defendant’s mother of his arrest in exchange for his confession.

Answer 24

(B) The application to have the interview excluded is unlikely to be successful if the legal representative told the defendant what to say when the police officers asked questions. A solicitor may intervene in order to seek clarification, challenge an improper question or manner of questioning, advise their client not to reply to particular questions, or ask for the interview to be halted to give the suspect further legal advice, but they may not tell their client how to answer questions in interview. A failure to act properly may result in the legal representative being expelled from the interview, but it is unlikely to result in the exclusion of the interview from evidence of trial. (A) is incorrect as several officers being present during the interview is an example of oppression, which can result in the exclusion of the interview from evidence. (C), (D), and (E) are incorrect because they are all examples of inducement, which can also result in the interview being excluded from evidence.

Question 25

A defendant is charged with burglary, which is an either way offence. A solicitor is representing the defendant at plea before venue and is explaining the benefits of Magistrates’ Court trial over Crown Court trial.

Which of the following correctly states the benefits of electing trial in the Magistrates’ Court?

Limited sentencing powers, speedier justice, lower conviction rates, and more stringent disclosure requirements for the prosecution.

Limited sentencing powers, speedier justice, and more stringent disclosure requirements for the prosecution.

Limited sentencing powers, speedier justice, lower conviction rates, and less stringent disclosure requirements for the defence.

Limited sentencing powers, speedier justice, more stringent disclosure requirements for the prosecution, and less stringent disclosure requirements for the defence.

Limited sentencing powers, speedier justice, and less stringent disclosure requirements for the defence.

Answer 25

E) The main advantages of trial in the Magistrates’ Court are the court’s limited sentencing powers (no more than six months’ imprisonment for a single offence), the relative speed and low cost of conducting a trial (which may mean a lower contribution towards costs if convicted), and less stringent disclosure requirements on the defence (there is no obligation to serve a defence case statement). (A) and (C) are incorrect as the conviction rates in the Magistrates’ Court are higher than in the Crown Court. (B) and (D) are incorrect as the disclosure requirements on the prosecution are not more stringent in the Magistrates’ Court than in the Crown Court.

Question 26

A defendant is charged with actual bodily harm (‘ABH’). She does not give an account in interview, does not comment upon charge, and does not give evidence at trial.

For which of these can an adverse inference be drawn?

None of them.

Failure to answer questions in interview and failure to reply to charge only.

Failure to give evidence at trial and failure to reply to charge only.

Failure to answer questions in interview and failure to give evidence only.

All of them.

Answer 26

(E) An adverse inference can be drawn for a failure to answer questions in interview, a failure to comment upon charge, or a failure to give evidence at trial. (A), (B), (C), and (D) are wrong because they are incomplete in their assessment of when an inference can be drawn

Question 27

A student was upset with being given detention by his teacher. Late at night, the student entered his school with a lighter and a can of deodorant and started to scorch the name of his teacher and a rude word onto the wall of the school hall. The student then left. Unfortunately, the student also managed to scorch the edge of a curtain, which later started on fire and burned down the entire school. When the student found out what had happened, he was devastated as he never imagined that his actions would have caused such damage.

What are the most serious offences with which the student could be charged?

Criminal damage.

Burglary.

Arson.

Aggravated burglary.

Burglary and arson.

Answer 27

(E) The student could be charged with burglary and arson. The student committed burglary as he went into the school as a trespasser with the intention of causing criminal damage. A person commits burglary if he trespasses and, whilst doing so, intends to commit grievous bodily harm, theft, or criminal damage. Arson is committed where the defendant intentionally or recklessly causes damage to another’s property and that damage is caused by fire. Here, the student entered the school when it was closed with the intent to damage it. Thus, he committed burglary. And although he never intended to cause the fire, it is at least reckless to scorch words onto a building’s walls. Thus, the student is liable for arson. (A), (B), and (C) are incorrect because, although they could be charged, they are not the most serious charges. (D) is incorrect because aggravated burglary requires entry with a weapon, imitation firearm, or explosive. The lighter and the can of deodorant would not qualify as any of these things.

Question 28

A chemical company dumps some toxic waste in a river, causing damage to the local wildlife and countryside. The Crown Prosecution Service (‘CPS’), the local authority (‘LA’), the Royal Society for the Protection of Birds (‘RSPB’), and a local resident are all considering bringing a prosecution against the chemical company.
Which of the following correctly states which parties may potentially bring a prosecution?
The CPS only
The CPS and the LA only
The CPS, LA, and the RSPB only
The CPS and the local resident only
The CPS, LA, RSPB, and the local resident.

Answer 28

(E) The CPS, LA, RSPB, and the local resident may all potentially bring a prosecution. The CPS is not the only body that can bring a criminal case against someone. Local authorities, such as county councils and cities, can also bring certain cases. Parliament has also given certain government agencies, such as The Environment Agency, the power to prosecute certain crimes, such as polluting rivers. Additionally, private citizens, organisations, and even charities (for example, the Royal Society for the Prevention of Cruelty to Animals) can also prosecute crimes.

Question 29

A woman is walking home from work late at night. She is in a quiet area when she sees a man coming towards her. The woman crosses over the road to avoid him. The man also crosses over the road. The woman starts running away, and the man starts running after her. The woman looks over her shoulder to see where the man is and runs into a lamppost, causing a bruise on her cheekbone. In fact, the man was the woman’s friend. He was chasing her to catch up and walk with her, though he knew his actions might cause the woman further alarm.
Is the man guilty of causing actual bodily harm (‘ABH’)?

Yes, because the man foresaw the risk that the woman would apprehend immediate unlawful violence, and in the circumstances known to the man, it was not a reasonable risk to take.

Yes, because it was a virtual certainty that the woman would apprehend immediate unlawful violence.

Yes, because it was a virtual certainty that the woman would apprehend immediate unlawful violence and the man realised this.

Yes, because the man realised it was a virtual certainty that the woman would apprehend immediate unlawful violence.

Yes, because the man foresaw the risk of causing injury and in the circumstances known to him, it was not a reasonable risk to take.

Answer 29

(A) The mens rea for ABH is that of the underlying offence-here, assault. The mens rea for assault is intention or recklessness regarding causing the apprehension of immediate unlawful violence. The test for recklessness is whether the defendant foresees the risk and whether in the circumstances known to the defendant, it is an unreasonable risk to take. Only (A) states this test correctly. (E) is incorrect as ABH has no mens rea requirement for the injury. (B), (C), and (D) are incorrect as they state the (partial) mens rea for indirect intention, which is relevant only to specific intent offences-those offences for which recklessness is not available-and so is not relevant for ABH, which is a basic intent offence.

Question 30

A skip is on the side of the road. It contains kitchen and bathroom fittings, which have been removed from a house which is being renovated. A DIY enthusiast spots some nice taps in the skip and takes them, intending to take them to his house and fit them in his own kitchen.

Has the DIY enthusiast committed the actus reus of theft?

No, because the taps have been thrown away and so do not belong to another.

Yes, because the taps belong to another.

No, because the enthusiast was not dishonest by the standards of a reasonable, honest person.

Yes, because the enthusiast was dishonest by the standards of a reasonable, honest person.

No, because the taps have been abandoned.

Answer 30

(B) The DIY enthusiast has committed the actus reus of theft. Theft is the dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it. Even though they have been thrown away, the taps are not considered abandoned. Rubbish that has been thrown away continues to belong to the original owner until it is collected by the rubbish collection company, at which point it belongs to the rubbish collection company. Therefore, the taps were ‘property belonging to another’ when the DIY enthusiast took them. For these reasons, (A) and (E) are incorrect. (C) and (D) are incorrect, as they relate to the mens rea of theft, not the actus reus as asked.

Question 31

In an effort to curb underage drinking, the police staked out an off licence that was suspected of selling alcohol to underage children. They recorded a cashier being told by a 15-year-old that he was underage and that he would pay triple the price for a bottle of cider. The cashier readily agreed to the deal and took the 15-year-old’s money, but both parties were arrested before they could complete the transaction. A statute forbids selling alcohol to those under 18 in order to protect them.

Which of the following statements is correct regarding the criminal liability of the parties?

The 15-year-old can be convicted of encouraging the clerk to commit the statutory offence, and the clerk can be convicted of conspiracy to commit the statutory offence.

Both the 15-year-old and the clerk can be convicted of conspiracy to commit the statutory offence.

The 15-year-old cannot be convicted of either encouraging or conspiracy, but the clerk can be convicted of conspiracy to commit the statutory offence.

Neither the 15-year-old nor the clerk can be convicted of any crime.

The 15-year-old cannot be convicted of any crime, but the clerk can be convicted of committing the statutory offence.

Answer 31

(E) The 15-year-old cannot be convicted of any crime, but the clerk can be convicted of committing the statutory offence. In English law, a party cannot conspire to commit or encourage an offence against himself. Here, we are told that this statute is designed to protect those underage. Therefore, the 15-year-old cannot be convicted of any crime, making (A) and (B) incorrect. Furthermore, as there must be two parties to a conspiracy and the 15-year-old cannot conspire with another to commit an offence against himself, the clerk cannot be a part of a conspiracy either. Therefore, (C) is incorrect. Clearly, the clerk is guilty of the substantive offence of supplying alcohol to an underage person. Therefore, (D) is incorrect.

Question 32

A 12-year-old boy and a 12-year-old girl are playing a game. The game involves cutting the other’s arm with a blade, until the other cannot take it any more and says to stop. The boy has the knife and he carefully cuts the girl’s arm. The arm bleeds a little. The girl then tells him to stop, which he immediately does. The pair then stick a plaster on the girl’s arm and start playing another game. The arm does not require any medical attention.

What is the most serious charge that could be brought against the boy on the basis of these events?

Section 18 grievous bodily harm (‘s18 GBH’).

Section 20 grievous bodily harm (‘s20 GBH’).

Actual bodily harm (‘ABH’)

Battery.

No offence.

Answer 32

(B) The most serious charge that could be brought against the boy is s20 GBH. The actus reus of s20 GBH is to wound or cause serious harm. Here, there is no serious harm-the girl does not require any medical attention-but there is a wound. A wound requires that both layers of the skin are broken; here, this is satisfied because there was blood. The mens rea of s20 is intention or recklessness regarding causing some harm. Here, it was the boy’s intention to cut the girl’s arm, so he has intention to cause some harm. (A) is incorrect. Section 18 GBH has the same actus reus as s20, but the mens rea requires an intention to cause serious harm, which is not made out on these facts. (C) and (D) are incorrect because they are less serious charges than s20 GBH. (E) is wrong, as s20 GBH is made out. It is worth noting that consent would not be a defence here. It is not possible to consent to injury unless an exception such as surgery, body modification, or sport applies, but none of them do here

Question 33

A group of friends decide to enter a lottery syndicate, with each contributing £10 per week and one of them buying their tickets every week. One week, the woman tasked with buying the tickets was given a horse racing tip by a bookmaker. She decided to put that week’s money on a horse instead of the lottery. She knew her friends would not agree to such a course of action and so did not tell them. The horse raced home at 10:1, and the friend shared the winnings equally. Had the friend bet on the lottery, it is very likely the friends would have all lost their money.

Has the friend committed a crime?

Yes, fraud by false representation because the friend said she was going to buy lottery tickets and did not.

No, because the friend shared the winnings amongst the group.

Yes, theft because the friend took the money intending to permanently deprive the others of it.

No, because the group had all given the friend the money willingly.

Yes, fraud by abuse of position as the friend knew the group would not agree to her placing a bet on the horse.

Answer 33

(E) Fraud by abuse of position arises where the defendant occupies a position in which she is expected to safeguard or not act against the financial interests of another person, dishonestly abuses that position, and intends, by use of that position, to make a gain for herself or cause or expose another to loss. As the designated lottery ticket purchaser, the friend had a position where she was expected to safeguard the interests of the others’ lottery ticket contributions. She was dishonest in that she placed the group’s money on a horse when she knew they would not be willing to allow her to do so. By betting on a horse, she exposed the others to a risk of loss they were not planning on. (D) is incorrect because it is irrelevant to this crime. (A) is incorrect because when the woman said she would buy lottery tickets with the money, she did not make a false representation. She changed her mind later, when she received the tip on the horse. (B) is incorrect because the fact the friend did not make a loss for the group but made a profit instead is irrelevant. The friend only needs to intend to expose the group to a risk of loss, which she clearly did by placing a bet on a horse. The friend was lucky that the horse won and playing the lottery would not have resulted in the group winning. Fraud is a conduct crime, not a result crime. Therefore, the actual result is irrelevant. (C) is incorrect, because when the friend took the money, we have no facts showing she had an intent to permanently deprive the others of it.

Question 34

A burglar and a taxi driver agreed to steal a painting from a home, sell it, and split the proceeds. The taxi driver waited in the car whilst the burglar went inside the home. Just before the burglar reached the painting, he saw a bag of what looked like cocaine on a desk. The burglar took the cocaine, intending to sell it too and split any proceeds with the taxi driver. The burglar then took the painting. A neighbour noticed the strange events in the home and called the police. The burglar and the taxi driver were arrested before the burglar arrived back at the car.

Which of the following verdicts is most likely if the taxi driver is charged with conspiracy to supply drugs?

Guilty, because the taxi driver is liable for all crimes resulting from the conspiracy to steal the painting.

Not guilty, because the taxi driver was not in possession of the cocaine.

Guilty, because the taxi driver was responsible for all the burglar’s crimes as soon as the taxi driver entered the conspiracy.

Not guilty, because the taxi driver did not agree to the possession or sale of cocaine.

Guilty, because the taxi driver had agreed to steal items for resale.

Answer 34

(D) The most likely verdict on a charge of conspiracy to supply drugs is not guilty. For a person to be guilty of a conspiracy, she must have entered an agreement to commit a crime and intend for all parts of that crime to be completed. The taxi driver did not discuss the possession or supply of drugs with the burglar-they agreed only to stealing the painting. (A) is incorrect. It ignores the requirement that the person must agree to and intend for all parts of that crime to be completed-the taxi driver did not agree to or intend that drugs be taken and sold. (E) is incorrect for the same reason. (B) is incorrect because it is irrelevant-possession is not needed for conspiracy; conspiracy depends on an agreement and not which conspirator is to hold onto the proceeds of the underlying crime. (C) is incorrect because it is too broad. A conspirator is liable only for the acts to which she agreed.

Question 35

A spy wanted to steal some papers from a competitor’s office, and so the spy arranged a meeting with the competitor. During the meeting, the spy secretly put a knock-out drug in the competitor’s coffee, and she lost consciousness. The spy then rummaged through the competitor’s drawers, found the papers he wanted, took them, and left. Unfortunately, the spy miscalculated the dosage, and the competitor died from a drug overdose.

What is the most serious offence of which the spy can be convicted?

Murder

Voluntary Manslaughter

Unlawful act manslaughter

Gross Negligence manslaughter

Common assault

Answer 35

(C) The most serious crime of which the spy may be convicted is unlawful act manslaughter. Unlawful act manslaughter is a form of involuntary manslaughter that arises when (1) the defendant’s act is unlawful, (2) the unlawful act is deliberate, (3) there is a risk of harm, and (4) the unlawful act causes the death of the victim. Here, the spy did not intend to kill the competitor or cause her grievous bodily harm, but the spy committed robbery by drugging the competitor and taking the papers from her, the spy’s acts were deliberate, drugging someone has an obvious risk of causing harm, and the act caused the death of the victim. (A) is incorrect because murder requires an intent to kill or cause grievous bodily harm, and the spy had no such intent here. (B) is incorrect because voluntary manslaughter arises when the defendant has a partial defence to murder (for example, diminished responsibility), but the actus reus and the mens rea of murder are made out. As just established, the spy did not have the intent for murder. (D) is incorrect because gross negligence manslaughter arises where a defendant acts in an extremely negligent manner and that action causes a death. The spy’s actions went beyond extreme negligence. The spy’s action of putting drugs into the competitor’s coffee was criminal in and of itself. (E) is incorrect because although putting the drops in the competitor’s coffee would be a battery-an intentional infliction of personal violence upon the competitor-it is far less serious than manslaughter.

Question 36

A boy decided to play football against his neighbour’s house and kicked the ball into his neighbour’s window, smashing the glass. His neighbour became very upset, ran out of his house, and chased the boy around the estate with a cricket bat. Fearing for his safety and trying to get away, the boy threw a tennis ball that he had in his pocket at the neighbour. Unfortunately, the ball connected with the neighbour’s nose and broke it.

With what offences should the boy be charged?

Common assault

Criminal damage

Assault occasioning actual bodily harm

Section 20 GBH and CD

None

Answer 36

(B) The boy can be charged with criminal damage because he was arguably reckless when he was kicking his football against his neighbour’s wall. Criminal damage is unlawful damage to another person’s property caused intentionally or recklessly. The boy is not guilty of any form of assault, as he was acting in self-defence when his neighbour chased him with a cricket bat. An offence of common assault is committed when a person either assaults another person or commits a battery. An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force. A battery is committed when a person intentionally and recklessly applies unlawful force to another. Self-defence is where a defendant uses reasonable force to prevent themselves from being injured. To throw a tennis ball at someone who is threatening to cause injury with a weapon such as a bat is very unlikely to be seen as excessive and would be reasonable. The neighbour was not acting in self-defence when he grabbed the cricket bat and would be guilty of assault himself. That is a question not asked here. Therefore, although a broken nose could be considered grievous or actual bodily harm, the boy should not be found guilty of either offence. Therefore (A), (C), and (D) are incorrect. (E) is wrong because the boy would be guilty of criminal damage

Question 37

A man and an elderly lady are waiting at a bus stop. A woman comes over, pulls out a knife and says to the man, “Give me your briefcase or I’ll knife the grandma”. Both the man and the elderly lady are afraid. The man hands over his briefcase to the woman, who runs off.

Is the woman guilty of robbery?

Yes, because the woman harassed, intimidated, and scared the man and the elderly lady.

Yes, because the woman put the elderly lady in fear of being subjected to immediate force in order to steal the briefcase.

Yes, because the woman put the man in fear whilst stealing his briefcase.

No, because the threat of force is directed at the elderly lady and the man is the victim of the theft.

No, because no force is used to steal the briefcase.

Answer 37

B) The woman is guilty of robbery. A person is guilty of robbery if they steal, and immediately before or at the time of doing so, and in order to do so, they use force on any person or put or seek to put any person in fear of being then-and-there subjected to force. Here, the woman put the elderly lady in fear of being then-and-there subjected to force, in order to steal the man’s briefcase. (A) is incorrect as harassment, intimidation, and fear are not requirements for robbery. (C) is incorrect as the man does not fear that he will be then-and-there subjected to force. (D) is incorrect as there is no requirement that the theft victim and the victim of force or threat of force must be the same person. (E) is incorrect as it is not necessary to use force to be guilty of robbery.

Question 38

Section 1 of the Sexual Offences Act states that: “The elements of rape are: (A) intentionally penetrates the vagina, anus, or mouth of another person (B) with his penis; (B) does not consent to the penetration, and (A) does not reasonably believe that (B) consents. . . . Rape is a crime of basic intent”. A man was tried for the rape of a woman. His defence was that the woman had consented to have intercourse with him. The trial judge charged the jury that while the prosecution must prove beyond a reasonable doubt that the man had sexual intercourse with the woman, the man had the burden of proving his defence on the balance of probabilities.

Were the judge’s instructions correct?

Yes, the burden of proving consent is on the defendant.

Yes, as long as the judge emphasised that the prosecution must prove the entire case beyond a reasonable doubt.

Yes, because it is the judge’s court and she can decide where the burdens lie.

No, because nothing in the statute requires a reversal of the burden.

No, because in a criminal trial, the defendant cannot be required to prove any critical issue on the balance of probabilities.

Answer 38

(D) The judge’s instructions were incorrect because nothing in section 1 requires a reversal of the burden. Therefore, each element of a crime must be proved beyond a reasonable doubt as with all criminal matters, unless the law specifically states that this is not so. We are told that rape is a crime of basic intent, so the defendant must intend to have sex with the victim without her consent or be reckless as to whether that consent was given. Lack of consent is an element of the offence, and the state must prove lack of consent beyond a reasonable doubt. (B) is incorrect because lack of consent is part of the entire case that the state must prove where the charge is rape. To say that the prosecution must prove ‘the entire case’ is really to say that the state must prove each element of the offence. It is impermissible for a judge to segregate one element of the offence from other elements, and to impose on the defendant the burden of proving that element, unless the statute specifically does so. Similarly, (A) is incorrect as the statute states nothing about the burden being on the defendant. (C) is incorrect because the judge does not decide where a burden should lie in a statutory offence. (E) is incorrect because a statute may impose on a criminal defendant the burden of proof regarding certain issues; for example, an affirmative defence such as insanity.

Question 39

A dentist with a newborn baby comes to work after a few sleepless nights. In order to complete a root canal procedure, the dentist goes to inject some anaesthetic into a patient’s gums. Unfortunately, the dentist picks up the wrong bottle in error and injects disinfectant instead of anaesthetic. The patient dies.
Which of the following correctly sets out the test for the dentist to be found guilty of gross negligence manslaughter?

There must be a breach of a duty of care that caused the victim’s death, with the breach being dangerous and being so bad as to be criminally culpable.

There must be a breach of a duty of care that caused the victim’s death, with the breach carrying a risk of death and being dangerous.

There must be a breach of a duty of care that caused the victim’s death, with the breach carrying a serious and obvious risk of death and being so bad as to be criminally culpable.

There must be a breach of a duty of care that caused the victim’s death, with the breach being dangerous.

There must be a breach of a duty of care that caused the victim’s death, with the breach carrying a risk of death.

Answer 39

(C) The test for gross negligence manslaughter has five requirements: (1) a duty of care, (2) a breach of the duty, (3) a causal link from the breach to the victim’s death, (4) an obvious and serious risk of death, and (5) the breach is so bad it should be criminally culpable. (A), (B), (D), and (E) are all incorrect because they either miss off one of these requirements or include dangerousness, which is a part of the unlawful act manslaughter test rather than the gross negligence manslaughter test.

Question 40

A jeweller sells a ‘Rolex’ watch for £5,000 to a young man who comes into his shop. In fact, the watch is counterfeit and is worth only £50.

What will the prosecution have to show for the jeweller to be convicted of fraud by false representation?

The jeweller recklessly made a misrepresentation, not knowing whether it was true or false, and recklessly caused a gain for himself or loss to the young man.

The jeweller recklessly made a misrepresentation, not knowing whether it was true or false, intending to make a gain for himself or loss to the young man.

The jeweller recklessly made a misrepresentation that he knew was false, intending to make a gain for himself or loss to the young man.

The jeweller dishonestly made a misrepresentation that he knew was false, intending to make a gain for himself or loss to the young man.

The jeweller dishonestly made a misrepresentation that he did not know whether true or false, intending to make a gain for himself or loss to the young man.

Answer 40

(D) The prosecution will have to show the jeweller dishonestly made a misrepresentation to make a gain for himself or cause a loss to the young man. A conviction for fraud by false representation requires a showing that the defendant acted dishonestly. He must also know the representation is false and must intend to make a gain for himself or another, to cause a loss to others, or to expose the others to such a risk. (A), (B), and (C) are incorrect because they each are based on recklessness. That is not sufficient. The defendant must intend all these parts of the offence to be guilty. Recklessness does not play a part in fraud. If there is no intentional dishonesty, there is no fraud. (E) is incorrect because the defendant also needs to know the representation is false.

Question 41

A married couple completed the purchase of their dream home a month ago. However, since they moved in, their lives have become a nightmare because the neighbours are noisy and disruptive and have loud parties at all times of the day and night. The couple have found out that these neighbours have been rude and antisocial for a long time and that the sellers had previously made complaints about the noise. The couple do not recall receiving any information about the neighbours when they purchased. They checked the Property Information Form which the sellers completed. In answer to a question about disputes and complaints, the sellers had written ‘none’.

What remedy, if any, would the couple have in the circumstances?

They would have an action for damages against the sellers based on misdescription.

They would have an action for damages against the sellers based on misrepresentation.

They would have an action for rescission against the sellers based on misdescription.

They would have an action for damages or rescission against the sellers based on breach of title guarantee.

They would have an action for specific performance against the sellers based on misrepresentation.

Answer 41

(B) The couple would have an action for damages against the sellers based on misrepresentation. The remedies available after completion are limited mostly to actions for breach of a title guarantee. However, if the sellers made a misrepresentation whilst selling the property, an action for damages arising from the misrepresentation is available. The response on the Property Information Form by the sellers amounts to a representation upon which the couple relied. The fact that the neighbours had clearly been antisocial for a long time and that the seller lied about that amounts to misrepresentation. (A) and (C) are incorrect as there is no action in misdescription, which goes to the quantity of the property or the quality of the title. If property has been misdescribed before completion, the buyer may seek to rescind the contract (putting the parties back in their pre-contract positions) based on the misdescription. (D) is incorrect because there was no breach of a title guarantee here. (E) is incorrect, as again, specific performance is a pre-completion remedy. Moreover, specific performance is an order requiring a party to a contract to fulfil the terms of the contract; there was no term here that the seller did not fulfil.

Question 42

A landlord wishes to lease out commercial premises she owns. She has heard that under the Landlord and Tenant Act 1954 (Part II) (‘1954 Act’) she might not be able to take back the premises at the end of the lease. She is keen to avoid such uncertainty.
Which of the following terms for a fixed-term commercial lease will automatically fall outside the requirements of the 1954 Act?

Five months.

One year.

Five years.

Seven years.

Ten years.

Answer 42

(A) The 1954 Act does not apply to fixed-term tenancies which do not exceed six months. All of the other lease terms fall within the Act unless excluded for some other reason (such as by contracting out of the Act’s provisions). Therefore, the other choices are incorrect.

Question 43

A man died three months ago, leaving a valid will which appointed his wife and brother as executors. The man’s wife feels that it would be too upsetting to administer the man’s estate at this time, but she would like to keep open the possibility of acting as an executor in the future.
Which of the following best describes the wife’s options in this situation?

If the wife does not wish to act as executor now, she must renounce the executorship.

The wife can reserve her power to act as executor, and then she can apply for a grant of probate in the future.

If the brother consents, the wife can reserve her power to act as executor.

The wife can reserve her power to act as an executor, and then tell the brother when she wants to get involved with the estate administration in the future.

The wife can reserve her power to act as executor if she can find an administrator who will deal with the man’s estate in her place.

Answer 43

(B) The wife can reserve her power to act as executor, and then she can apply for a grant of probate in the future. An executor is free to reserve their power to act in the administration of an estate. This means that the wife would not be involved initially but could apply for a grant of probate at a later stage, if she then wishes to take on the role of executor. (A) is incorrect. The wife also has the option of reserving her power to act as executor. (C) is incorrect. The wife does not need the brother’s consent to reserve her power. (D) is incorrect. If the wife subsequently decides that she wishes to act as an executor, she will need to apply for a grant of probate in order to be able to do so. It is insufficient simply to tell the other executor. (E) is incorrect. The wife does not need to find an administrator to replace her. When there are other named executors (such as the man’s brother) they can administer the estate without any need to appoint administrators.

Question 44

One week before getting married, a man made a valid will, leaving his entire estate to his future spouse. The couple then got married, and they had a child together last year.

Which of the following statements best describes the effect of these events on the man’s will?

The man’s will is definitely revoked by the marriage.

The man’s will is revoked by the birth of the child.

The man’s will may still be valid.

The man’s will is definitely still valid.

The man’s spouse will be automatically entitled to half of the man’s estate as a result of the marriage.

Answer 44

(C) The man’s will may still be valid. A marriage revokes a pre-existing will unless it is clear from the will that: (1) the testator was expecting to marry a particular person, and (2) the testator intended that the will should not be revoked by the marriage. Considering that the man made his will one week before getting married and left his entire estate to his future spouse, it is likely that the testator intended that the will should not be revoked by the marriage. Therefore, it is possible that the will has not been revoked and is still valid. (A) is therefore incorrect. (D) is also incorrect, since whether the will is valid depends on the exact wording of it. (B) is incorrect. The birth of a child does not revoke a will. (E) is incorrect. There is no rule that automatically entitles a spouse to half of a testator’s estate on marriage.

Question 45

A law firm has a deal with a developer of new-build properties. It is agreed that the developer will introduce prospective buyers to the law firm. The developer does not want to be paid for the introductions, but he does want to be able to stipulate terms relating to matters, such as completion dates. The firm drafts a written agreement which includes a term that both the developer and the firm will inform clients about the relationship.

Which of the following statements best describes whether this relationship is acceptable?

This relationship is unacceptable because it restricts the solicitor’s independence.

This relationship is acceptable because there are no payments involved.

This relationship is acceptable because the agreement is in writing.

The relationship is unacceptable because the agreement is not made between the developer, solicitor, and each client.

The relationship is acceptable because it is in each client’s best interests that the developer can stipulate the completion date.

Answer 45

(A) Any referral or introduction must comply with the SRA Codes, and the firm must ensure that nothing about the arrangement compromises the duties owed to the client. Here, the ethical issue is that the conditions agreed with the introducer could compromise the solicitor’s duties to act with independence and in the client’s best interests. This would be a breach of the Principles and the agreement is therefore improper. (B) and (C) are incorrect; whilst this shows best practice, the firm must also consider the basic principles about independence and acting in the client’s best interests. (D) is incorrect because such an agreement would not need to be between the three parties. (E) is incorrect because it is not always going to be in the client’s best interests that the developer can dictate this decision.

Question 46

A woman died last month, owning a house, an Audi car, and £50,000 in a bank account at Lloyds Bank.
Her will, made 10 years ago, included the following provisions:

(1) I give my Audi car to my cousin.
(2) I give £5,000 to Cancer Research to be paid from my savings account at Barclays Bank.

(3) I give the remainder of my estate to my daughter.
There are no other relevant clauses, and the woman closed the bank account at Barclays Bank two years ago.

Which of the following best describes the outcome of the gift to Cancer Research under clause (2) of the will?

Cancer Research can call upon the executor to pay it £5,000 from the funds held at Lloyds Bank.

The gift to Cancer Research will adeem.

The gift to Cancer Research will lapse.

Cancer Research can call upon the woman’s cousin and daughter, as fellow beneficiaries, to pay it £5,000 from their legacies.

Cancer Research can call upon the woman’s daughter, as the residuary beneficiary, to pay it £5,000 from the residuary legacy.

Answer 46

(A) Cancer Research can call upon the executor to pay it £5,000 from the funds held at Lloyds Bank. The gift to Cancer Research is a demonstrative legacy-a general legacy which identifies the source of funds from which the gift is to be made. If the source of the funds no longer exists or has insufficient funds to meet the legacy, the executor can meet any shortfall from other cash or assets in the estate. Here, the will expressly states that the sum of £5,000 is to be paid from the Barclays Bank account. However, as the Barclays Bank account is now closed, Cancer Research can call on the executor to pay the sum from the other cash within the estate, such as the funds held at Lloyds Bank. (B) is incorrect. Ademption is not relevant here because it applies only to specific legacies. (C) is incorrect. Lapse applies when a beneficiary dies before the testator, which has not arisen in this case. (D) and (E) are incorrect because it is the executor who would pay £5,000 from other estate assets, not the other beneficiaries.

Question 47

A man died last month, having never made a will. The man is survived by his wife and two children, aged 20 and 12. The man’s parents and sister are also alive. All members of the family are keen to administer the man’s estate.

Who has the best right to apply for a grant of representation to the man’s estate?

The wife has the best right, and she can administer the estate by herself.

The man’s parents have the best right.

The man’s two children have the best right.

The wife has the best right, but a minimum of two administrators will be required.

The man’s sister has the best right, but a minimum of two administrators will be required.

Answer 47

D) The wife has the best right to apply for a grant of representation, but a minimum of two administrators will be required. This is an intestacy situation, and the man’s estate will be administered under a grant of letters of administration. The order of entitlement to a grant of letters of administration is set out in rule 22 of the Non-Contentious Probate Rules (‘NCPR’). Under this order, a surviving spouse or civil partner is at the top of the list. Next are issue of the decedent, then parents, and then surviving brothers and sisters. Therefore, the wife has the best right to apply for a grant. However, a minimum of two administrators is required when there is a minor beneficiary, as is the case here with the man’s 12-year-old son. (A) is, therefore, incorrect because at least two administrators will be required. (B) is incorrect. Under rule 22 NCPR, the man’s wife has the best right to act as administrator because she is the surviving spouse. (C) is incorrect. A surviving spouse takes precedence over children in the order of entitlement to grant. Also, whilst the 20-year-old daughter could act as an administrator, it is not possible for a minor, such as the 12-year-old, to take a grant. (E) is incorrect. Under rule 22 NCPR, the man’s wife, children, and parents have a better entitlement to act as administrators than his sister.

Question 48

A woman died intestate, survived by her husband. She had two adult daughters, one of whom died several years before the woman, leaving a child of her own. The woman’s mother is also still alive.
Who is entitled to share in the distribution of the woman’s estate?

The husband only.

The husband and the surviving daughter.

The husband, the surviving daughter, and the child of the deceased daughter.

The husband, the woman’s mother, the surviving daughter, and the child of the deceased daughter.

The husband, the woman’s mother, and the surviving daughter.

Answer 48

(C) The husband, the surviving daughter, and the child of the deceased daughter are entitled to share in the woman’s estate. The rules of intestate succession apply when a person dies without a will. Under these rules, when the deceased is survived by a spouse or civil partner, the spouse or civil partner will receive personal chattels, £270,000, and one-half of the residue. The deceased’s issue will take the other half of the residue on statutory trusts. This means that if a person in the category of issue has died before the deceased, the person’s issue will take their parent’s share per stirpes, provided the issue attain age 18 or marry earlier. Here, the woman was married and had children, so her estate will be divided between her husband and her issue on statutory trusts. As one of the daughters had died, her share passes on to her child. Accordingly, the woman’s husband, surviving daughter, and the child of the deceased daughter will all be entitled to share in the woman’s estate. Her mother has no entitlement to the estate because parents take only when there is no surviving spouse or issue. (A), (B), (D), and (E) are incorrect because they do not, therefore, accurately reflect the application of the intestacy rules to this estate.

Question 49

An elderly man made a will with the assistance of a solicitor several years ago. The man has now died. The will reads rationally but leaves no assets to the man’s son. The man and his son had not spoken for several years before the man’s death. There is no record of the man suffering from any neurological difficulties. The man’s son is unhappy with his entitlement under the will and is seeking to claim that the will is invalid.

Which of the following statements about the validity of the will is accurate?

A presumption that the man had capacity applies.

The son may challenge the will on the basis of lack capacity, as his father was elderly.

The burden of proving that the man had capacity is on those seeking to rely on the will.

It does not matter if the man had capacity so long as the statutory formalities for executing a will were followed.

The will is likely invalid if the solicitor did not obtain evidence about the man’s mental capacity before assisting him with making the will.

Answer 49

(A) A presumption that the man had capacity applies. In order to make a valid will, a testator must have legal and mental capacity. Those aged over 18 have legal capacity. A testator has mental capacity if, at the material time, they understood the nature of their act of making a will, the extent of their property, and the claims to which they ought to give effect. A testator is presumed to have had mental capacity unless someone challenging the validity of the will proves the testator lacked capacity. Here, the man is presumed to have had capacity unless the son can prove that he lacked capacity, which is unlikely as the will appears rational and the man showed no signs of mental confusion. (B) is incorrect because merely being elderly is not a basis for assuming a person lacks capacity. (C) is incorrect. Because a testator is presumed to have had capacity, the burden is on the person challenging the will to prove lack of capacity. (D) is incorrect. The will is invalid if the man lacked capacity, whether or not the statutory formalities were correctly followed. (E) is incorrect. Solicitors should obtain medical evidence and advice on a client’s mental capacity if there are concerns about capacity, but this is not expected in cases such as this where the client shows no signs of a risk of mental confusion

Question 50

A woman died last month, leaving her entire estate to charities. The woman had been in a civil partnership for the last 18 months and was living with her civil partner. The woman’s 15-year-old daughter, her civil partner’s 12-year-old son, and the woman’s elderly uncle also lived with them. The woman had a well-paid job and covered the household expenses of rent, food, and bills. The civil partner, daughter, son, and uncle are all now considering making claims against the woman’s estate under the Inheritance (Provision for Family and Dependants) Act 1975.
Which of the following best describes who may be eligible to bring such a claim?

The woman’s civil partner only.

The woman’s civil partner and daughter only.

The woman’s daughter and uncle only.

The woman’s civil partner, her daughter, her uncle, and the civil partner’s son.

The woman’s civil partner, her daughter, and the civil partner’s son.

Answer 50

(D) The woman’s civil partner, her daughter, her uncle, and the partner’s son are all eligible to bring a claim. Only certain types of applicant are eligible to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The categories of applicant include surviving spouses or civil partners, children of the deceased, persons treated as children of the family, and persons being maintained by the deceased. The woman’s civil partner is therefore eligible to claim as they were in a civil partnership. The woman’s daughter is eligible to claim as a child of the deceased. The civil partner’s son is eligible to claim as a person treated as a child of the woman. Also, the woman was seemingly maintaining the civil partner’s son by paying the household expenses. Likewise, the woman’s uncle was being maintained by the woman and so is eligible to claim. Accordingly, (A), (B), (C), and (E) are incorrect.