W5 MCQ Flashcards
Where will the legal burden of proof normally lie in a criminal case?
A. Defence
B. Prosecution
C. Judge
B. Prosecution
The general rule is that the prosecution bears the legal burden of proving all the elements of the offence necessary to establish guilt- the facts in issue (Woolmington v DPP [1935] AC 462). There are exceptions to this general rule.
What is the standard of proof that is normally required in a criminal case?
A. Balance of probabilities
B. Beyond doubt
C. So that a jury are sure of guilt / Beyond reasonable doubt
C. So that a jury are sure of guilt / Beyond reasonable doubt.
The prosecution must prove all the elements of the offence/ all the facts in issue beyond reasonable doubt, so that the tribunal of fact is satisfied so that it is sure (Woolmington v DPP [1935] AC 462).
Which of the following best describes the evidential burden?
A. It is a form of standard of proof
B. It is the burden to adduce evidence
C. It is the burden to adduce evidence to satisfy the judge that an issue should be left to the tribunal of fact
D. It is a form of burden of proof
C. It is the burden to adduce evidence to satisfy the judge that an issue should be left to the tribunal of fact
The evidential burden is neither a form of burden of proof nor does it have to be established to any particular standard.
Which case provided guidelines about how disputed evidence of eye-witness identification should be treated with caution?
A. R v Twist
B. R v Vye
C. R v Turnbull
C. R v Turnbull
Extensive psychological research has highlighted the errors eyewitnesses make when they observe, interpret and recall information. An honest witness may be a very convincing witness but may still be mistaken. More than one witness can be honest and convincing but mistaken.
Prosecution counsel concedes that individual identifications of the defendant are of poor quality. However, prosecution counsel draws the judge’s attention to the fact that there are multiple identifications of the defendant by different witnesses and relies on this in arguing that the defence’s submission of no case to answer must fail.
Is prosecution counsel correct?
A. Yes- it is permissible for two or more disputed identifications to be treated as mutually supportive of each other
B. Yes- identification by two or more witnesses carries more weight than one
C. No- the prosecution counsel has conceded that the individual identifications are of poor quality
C. No- the prosecution counsel has conceded that the individual identifications are of poor quality.
It is permissible for two or more disputed identifications to be treated as mutually supportive of each other. Identification by two witnesses carries more weight than one. However, each separate identification must be of a quality that can safely be left to the jury to assess. If prosecution counsel is conceding that all of the identifications are of poor quality, they cannot be viewed as being mutually supportive.
The judge agrees with the defence advocate that the ID evidence in the case is of poor quality.
Which of the following would not carry much weight as the judge decided whether on to accede to the defence submission of no case to answer?
A. Whether there is other evidence to support the correctness of the identification
B. Whether there is sufficient evidence upon which a jury properly directed could convict
C. Whether the witnesses seem honest and convincing
C. Whether the witnesses seem honest and convincing
Honest and convincing witnesses can still be mistaken. The identification evidence can have weaknesses and deficiencies but there must be sufficient evidence upon which a jury properly directed could convict. The judge will consider if there is other evidence to support the correctness of the identification.
What is the standard time for any defence skeleton argument in support of an application to exclude evidence of a confession in the magistrates’ court?
A. At the Plea and Trial Preparation Hearing
B. 10 business days before trial
C. At the Further Case Management Hearing
B. 10 business days before trial
This time limit is contained on the magistrates’ court ‘Preparation for Effective Trial’ form and not within any specific criminal procedure rule, although Criminal Procedure Rule 1.1 contains the ‘overriding objective’ which includes dealing with cases efficiently and expeditiously.
At what point in the trial process will an application under s.76 PACE 1984 be dealt with in the magistrates’ court?
A. During the trial itself
B. As a preliminary issue
C. At a pre-trial hearing listed specifically for this purpose
B. As a preliminary issue
In a magistrates’ court, any application under s.76 should be dealt with as a preliminary issue.
If the evidence founding the application is in dispute, when do judges have a discretion to hear all the evidence then decide on the admissibility of evidence?
A. An application under s.76 or both s.76 & s.78 is made in the Crown Court
B. An application under s.76 orboths.76 &s.78 is made in a magistrates’ court
C. An application under s.78 is made in a magistrates’ court
C. An application under s.78 is made in a magistrates’ court.
If the application in a magistrates’ court is only under s.78, the magistrates have a discretion to hear all the evidence in the usual way and decide upon its admissibility at a later stage.
Which of the following is likely to be unused material that is not relied on by the prosecution?
A. The defendant’s record of tapes interview
B. Disciplinary findings against police officers
C. Statements from the prosecution witnesses
D. The indictment
B. 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.
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 investigator
B. The disclosure officer
C. The officer in charge of the investigation
C. 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.
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. Until six months from the date of conviction
C. At least until the defendant is released from custody
D. Six years from the date of conviction
C. 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).
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. Defendant’s proof of evidence
B. Notice of Intention to Call Defence Witnesses
C. Defence duty to serve material helpful to the prosecution
D. Defence statement
D. Defence statement
The contents of defence statements are set out in Criminal Procedure and Investigations Act (CPIA) 1996, s.6A.
When should a defendant serve a defence statement on the Crown Court and the prosecution?
A. Within 28 days of the date when the prosecution complies with its duty of initial disclosure or purports to do so
B. Within 10 business days of the date when the prosecution complies with its duty of initial disclosure or purports to do so
C. The defendant is under no obligation to serve a defence statement in the Crown Court
A. 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.
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
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.
