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. Chapter 1. Which of the following is not specifically included in the list of five foundational principles of criminal evidence identified by Roberts and Zuckerman?

Accurate fact-finding correct incorrect

Protecting national security correct incorrect

Protecting the innocent from wrongful conviction correct incorrect

The principle of humane treatment correct incorrect

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. Chapter 1. Which of the following statements best expresses the scope of the concept of relevance in evidence law?

Relevant evidence is that which establishes the certainty of a fact in issue correct incorrect

All relevant evidence is admissible correct incorrect

Relevant evidence is that which makes the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence correct incorrect

What is relevant is always a matter of logic and common sense and never a matter of law correct incorrect

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. Chapter 2. Which of the following statements gives a correct account of the judgement in R v Hunt (1987) in cases where the courts have to decide whether the statute requires a shift of the burden of proof?

In R v Hunt the burden of proof on the amount of morphine in the alleged drug was placed on the defendant correct incorrect

One of the factors to consider was the mischief the statute was addressing correct incorrect

The court should not bear in mind the practical problems in allocating the burden of proof, including who would find the burden easier to discharge correct incorrect

The court should not examine the seriousness of the offence which could resolve ambiguity in favour of the defence correct incorrect

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. Chapter 2. From the following facts identify the correct case out of the list below:
The defendant was charged with breaching provisions of the Health and Safety at Work Act 1974 following an accident in which an employee who was driving a dumper truck was killed when the lorry load fell on him. The House of Lords considered the allocation of the burden of proving the statutory defence, that it was not reasonably practicable for the employer to do more than in fact was done. The House held that it was for the defendant employer to prove it was not reasonably practicable to provide safe conditions.

R v Chargot (2009) correct incorrect

Sheldrake v DPP (2005) correct incorrect

R v Johnstone (2003) correct incorrect

R v Keogh (2007) correct incorrect

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. Chapter 3. Supply the name of the case and the section in the following sentence:
In [name the case], the Court of Appeal considered that the right to legal advice was 'one of the most important and fundamental rights of a citizen' and wrongful denial of a solicitor to the defendant at interview led to exclusion of the confession under PACE section [name the section].

R v Alladice (1988); s78 correct incorrect

R v Samuel (1988); s 78 correct incorrect

R v Samuel (1988); s 76(2)(b) correct incorrect

R v Alladice (1988);s76(2)(b)
correct incorrect

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. Chapter 3. Which of the following statements is correct?

Code D PACE covers conduct of police interviews correct incorrect

Code F PACE covers identification procedures correct incorrect

It is a criminal offence for the police to breach a provision of any of the PACE codes correct incorrect

Code C PACE covers the conduct of police interviews with suspects correct incorrect

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. Chapter 4. Which of the following statements is correct?

The common law discretion is not retained in PACE correct incorrect

Section 78 PACE applies to confession but not to non-confession evidence correct incorrect

There is no rule of law requiring the exclusion of evidence which has been improperly obtained correct incorrect

The common law discretion applies to prosecution as well as defence evidence correct incorrect

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. Chapter 4. Which of the following cases involved alleged entrapment by a non-state official?

R v Shannon (2001) correct incorrect

R v Sang (1980) correct incorrect

Khan v UK (2000) correct incorrect

Nottingham City Council v Amin 9 (2001) correct incorrect

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. Chapter 5. S101(1) CJA 2003 contains seven 'gateways' to admissibility of bad character evidence of the defendant. Which of the following statutory sections is correctly cited in the four 'gateways' below?

S101(1c) It is important explanatory evidence correct incorrect

S101(a) The defendant makes an attack on another person's character correct incorrect

S101(d) It is evidence to correct a false impression given by the defendant correct incorrect

S101(e) It is relevant to an important matter in issue between the defendant and the prosecution correct incorrect

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. Chapter 5. Evidence of the defendant's bad character may be admissible if it is to correct a false impression. Which of the following provisions is correct?

The defendant's appearance or dress can constitute a false impression correct incorrect

Evidence to create a false impression cannot be given at a pre-trial interview correct incorrect

Evidence to create a false impression cannot be given at the time of being charged correct incorrect

A defendant will be responsible for making a false impression even if he withdraws it or otherwise dissociates himself from it correct incorrect

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. Chapter 6. Which of the following statements is correct?

New exceptions can be made to the rule against hearsay at common law correct incorrect

The rule against hearsay only applies to prosecution evidence correct incorrect

The same rules apply to criminal and civil hearsay correct incorrect

In civil proceedings the rule has been effectively abolished in the Civil Evidence Act 1995 correct incorrect

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. Chapter 6. Which of the following propositions can be derived from the decision in R v Blastland (1985)?

Statements relating to a declarant's state of mind do not form a common law exception to the rule against hearsay correct incorrect

Legal relevance is identical to common sense relevance correct incorrect

Under the common law statements by third parties confessing to a crime with which the accused is charged are inadmissible hearsay correct incorrect

Under the common law a third party confession is an exception to the rule against hearsay correct incorrect

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. Chapter 7. Which of the following statements correctly represents s16 Youth Justice and Criminal Evidence Act 1999 which applies "Special Measures" to groups of witnesses?

Those under eighteen years old are covered by the section correct incorrect

Those under sixteen years old are covered by the section correct incorrect

Those under twenty years old are covered by the section correct incorrect

Those under fifteen years old are covered by the section correct incorrect

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. Chapter 7. Which of the following statements is correct in relation to child witnesses?

Section 16 YJCEA 1999 applies to child defendants correct incorrect

The 'primary rule' of the application of special measures applies presumptively to witnesses under 18 years old correct incorrect

In criminal cases witnesses can give sworn evidence at any age correct incorrect

All witnesses over 14 years must give sworn evidence correct incorrect

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. Chapter 8. Which case is the leading authority for the proposition that the judge must give a mandatory warning where identification evidence is disputed?

R v Makanjuola (995) correct incorrect

R v Slater (1995) correct incorrect

R v Weeder (1980) correct incorrect

R v Turnbull (1977) correct incorrect

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. Chapter 8. Which of the following statements gives the correct position before a lie may be evidence of guilt according to R v Lucas (1981)?

The lie must be deliberate correct incorrect

The lie must be in writing correct incorrect

The lie must be proved on the balance of probabilities correct incorrect

The lie may be prompted by an innocent reason correct incorrect

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. Chapter 9. In R v Luttrell (2004) the Court of Appeal set out the test for admissibility of expert evidence on new areas such as lip-reading.
Which of the following criteria were included in the test?
- i) The evidence has to be relevant and outside of the jury's experience.
- ii) The expert has to be qualified to express an opinion
- iii) The judge must give appropriate warnings about the evidence
- iv) It was necessary that any results should be verifiable under cross examination.

All four criteria are to be included correct incorrect

Only i) and ii) are included correct incorrect

Only i), ii) and iii) are included correct incorrect

Only iv) is included correct incorrect

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. Chapter 9. Which case fits the following facts?
At the defendant's trial for murder his counsel sought to adduce the report of a prison doctor to the effect that the prisoner had no mental disorder but had no intention to kill. The judge's decision to exclude the doctor's report was upheld on appeal.

R v Lowery (1974) correct incorrect

R v Turner (1975) correct incorrect

R v Chard (1971) correct incorrect

R v Gilfoyle (2001) correct incorrect

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. Chapter 10. An alleged drug dealer was watched from an observation post by police. At the trial he requests details of the post. What should the judge do?

Order disclosure of the details of the post correct incorrect

Refuse to allow disclosure of the details of the post correct incorrect

Consider whether disclosure was necessary in order to establish innocence and if so either order disclosure or stop the prosecution correct incorrect

Follow prosecution demands on disclosure correct incorrect

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. Chapter 10. Which of the following propositions correctly outlines the approach of the European Court of Human Rights to Public Interest Immunity claims in criminal cases?

Non-disclosure should never be allowed in criminal trials correct incorrect

The decision on disclosure may be made by the judge or the prosecution correct incorrect

The decision on disclosure must always be made by the judge correct incorrect

The decision on disclosure may be made by the executive correct incorrect

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. Chapter 11. Which of the following statements is correct?

The definition of legal professional privilege is to be found in s10 Police and Criminal Evidence Act (PACE) 1984 correct incorrect

Legal professional privilege is explicitly contained within Article 6 correct incorrect

Legal professional privilege was not recognised at common law correct incorrect

Legal professional privilege applies only in civil proceedings correct incorrect

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. Chapter 11. Police have allegedly secretly recorded a conversation between Andy, who is under arrest on a serious criminal charge, and his solicitor. Information in the recordings was not however used by the prosecution. Andy is convicted and appeals. What is the likely outcome?

The Court of Appeal will turn down the appeal on the grounds that Andy suffered no material disadvantage from the recording correct incorrect

The Court of Appeal will turn down the appeal since the offence with which Andy was charged was a serious one correct incorrect

The Court of Appeal will overturn the conviction since the breach of legal professional privilege was a violation of the integrity of the criminal justice system correct incorrect

The Court of Appeal will require the prosecution to prove beyond reasonable doubt that they have not violated legal professional privilege correct incorrect