Pre-Trial Hearings & Confessions MCQ

Question 1

Which of the following is likely to be unused material that is not relied on by the prosecution?

A. Disciplinary findings against police officers

B. The defendant’s record of tapes interview

C. Statements from the prosecution witnesses

D. The indictment

Answer 1

A. Disciplinary findings against police officers

This will form part of the unused material that is not being relied upon by the prosecution. Unused material will include other items such as: statements from witnesses that the prosecution is not relying upon at trial to prove its case and records of previous convictions of prosecution witnesses.

Question 2

Who is responsible for ensuring that proper procedures are in place for recording information and retaining records of information and other material during an investigation?

A. The officer in charge of the investigation

B. The investigator

C. The disclosure officer

Answer 2

A. The officer in charge of the investigation

The officer in charge of the investigation is responsible for directing the investigation and ensuring that proper procedures are in place for recording information and retaining records of information and other material.

Question 3

Where the defendant is convicted and given a custodial sentence, how long does the duty to retain material last?

A. One year from the date of conviction

B. Six years from the date of conviction

C. Until six months from the date of conviction

D. At least until the defendant is released from custody

Answer 3

D. At least until the defendant is released from custody

Where the defendant is convicted, relevant material must be retained at least until the defendant is released from custody (or discharged from hospital).

Question 4

What is the name of the document which is a written statement served on the prosecution and the Court, setting out the nature of the accused defence, the matters of fact on which D takes issue with the prosecution and why, any points of law D wishes to take including authority in support and the particulars of any alibi witness?

A. Notice of Intention to Call Defence Witnesses

B. Defence duty to serve material helpful to the prosecution

C. Defendant’s proof of evidence

D. Defence statement

Answer 4

D. Defence statement

Question 5

When should a defendant serve a defence statement on the Crown Court and the prosecution?

A. Within 10 business days of the date when the prosecution complies with its duty of initial disclosure or purports to do so

B. The defendant is under no obligation to serve a defence statement in the Crown Court

C. Within 28 days of the date when the prosecution complies with its duty of initial disclosure or purports to do so

Answer 5

C. Within 28 days of the date when the prosecution complies with its duty of initial disclosure or purports to do so

This time limit can be extended but only if the application to extend is made within the time limit and only if the court is satisfied that it would not be reasonable to require the defendant to give a defence statement within 28 days.

Question 6

Which of the following is a consequence of failing to serve a defence statement in a magistrates’ court?

A. The prosecution or co-defendant may comment on such a failure

B. The judge may draw such adverse inferences as appear proper

C, The defendant will not be able to make an application for specific disclosure

Answer 6

C, The defendant will not be able to make an application for specific disclosure

Although serving a defence statement in a magistrates’ court is not compulsory, the other consequence is that the prosecution will not have the opportunity to review disclosure in light of the issues.