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Return to Evidence Concentrate 6e Resources
Diagnostic test
Quiz Content
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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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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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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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Which of the following statements is correct?
In criminal cases where the burden of proof is on the prosecution the standard of proof may vary according to the seriousness of the offence
correct
incorrect
The standard of proof in criminal cases where the burden is on the defendant is the balance of probabilities
correct
incorrect
The standard of proof in criminal cases where the burden is on the prosecution is the balance of probabilities
correct
incorrect
The standard of proof in civil cases is beyond reasonable doubt
correct
incorrect
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One of the following cases was decided in the House of Lords. Which one is it?
R v Hunt
(1987)
correct
incorrect
R v Keogh
(2007)
correct
incorrect
R v Edwards
(1975)
correct
incorrect
R v Bentley
(2001)
correct
incorrect
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Which of the following statements is correct?
The test for oppression under PACE s76(2)(a) generally requires bad faith on the part of the investigating authorities
correct
incorrect
Verbal abuse does not fall within the definition of oppression
correct
incorrect
The burden of proof is on the defence to prove that the confession was not obtained by oppression
correct
incorrect
If a confession is true it will not be excluded under s 76(2)(a)
correct
incorrect
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Which of the following statements is correct?
Code D PACE covers the 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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To which case does the following scenario apply?
A covert listening device had been planted in a suspect's home and police had unlawfully entered the home to replace batteries. The Court of Appeal held that the evidence should not be excluded. It was authentic, probative and relevant. The quality of the evidence had not been affected by the police action.
Nottingham City Council; v Amin
(2001)
correct
incorrect
R v Chalkley and Jeffries
(1998)
correct
incorrect
R v Smurthwaite
(1994)
correct
incorrect
R v Sang
(1980)
correct
incorrect
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The following list includes the test set out in
R v Smurthwaite
(1994) for the treatment of evidence allegedly obtained by entrapment. Which item is wrongly included?
Is there an unassailable record of what occurred or is it strongly corroborated?
correct
incorrect
How active or passive was the officer's role?
correct
incorrect
What was the nature of the entrapment- was it evidence of admission of a completed offence, or does it consist of the actual commission of an offence?
correct
incorrect
Is the case being tried summarily or on indictment?
correct
incorrect
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Which of the following statements is correct?
Criminal Justice Act 2003 covers the previous character of defendants but not those of non-defendants
correct
incorrect
The bad character of the defendant may be admissible only if he testifies
correct
incorrect
The definition of good character is contained within the Criminal Justice Act 2003 (CJA)
correct
incorrect
Good character may be evidence of lack of guilt (propensity) and of trustworthiness as a witness (credit)
correct
incorrect
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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(1)(g The defendant has made an attack on another person's character.
correct
incorrect
S101(1) (a) The evidence is adduced by the defendant.
correct
incorrect
S101(1) (d) It is evidence to correct a false impression given by the defendant
correct
incorrect
S10(1) 1(e) It is relevant to an important matter in issue between the defendant and the prosecution
correct
incorrect
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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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Which of the following statements is correct?
The Civil Evidence Act 1995 refers only to first hand hearsay
correct
incorrect
The Civil Evidence Act 1995 refers only to oral hearsay
correct
incorrect
The Civil Evidence Act 1995 refers to both first hand and multiple hearsay
correct
incorrect
The Civil Evidence Act 1995 defines a statement as a representation of fact only
correct
incorrect
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Alan and Bert are jointly charged with theft. Alan pleads not guilty and Bert pleads guilty. The prosecution wish to call Alan's wife, Clara, and Bert's wife, Dora, to give evidence. Are Clara and Dora competent and compellable for the prosecution?
Clara is competent and compellable. Dora is competent but not compellable
correct
incorrect
Clara is competent but not compellable. Dora is competent and compellable
correct
incorrect
Both Clara and Dora are competent but not compellable
correct
incorrect
Both Clara and Dora are competent and compellable
correct
incorrect
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What of the following is correct in relation to child witnesses in civil proceedings?
The Children Act 1989 provides that a child under 16 may give unsworn evidence provided he or she understands the duty to speak the truth and has sufficient understanding
correct
incorrect
The presumption in civil proceedings is that all witnesses are competent and compellable
correct
incorrect
A child's evidence may not be given by hearsay
correct
incorrect
A child's evidence must always be given unsworn
correct
incorrect
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Which of the following statements gives the correct account of s32 Criminal Justice and Public Order Act 1994?
The legal requirement for corroboration warnings in cases where the evidence emanates from an alleged accomplice of the accused, or from a child, or from a complainant in a sexual offence was abrogated
correct
incorrect
The legal requirement for corroboration warnings in cases where the evidence emanates from an alleged accomplice of the accused or from a complainant in a sexual offence was abrogated
correct
incorrect
The legal requirement for corroboration warnings in cases where the evidence emanates from an alleged accomplice of the accused was abrogated
correct
incorrect
All corroboration warnings are abrogated
correct
incorrect
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In which of the following factual situations will a
Turnbull
warning be required?
- i) If it is a recognition case
- ii) If the accused claims a witness is trying to 'frame' him
- iii) If the accused admits his presence at the scene of the crime but denies participation and the scene is crowded
- iv) Where the accused who admits his presence at the scene of the crime has unusual features.
In i) only
correct
incorrect
In i) and iii) only
correct
incorrect
In all four cases
correct
incorrect
In i), iii), and iv)
correct
incorrect
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Which of the following items is part of the procedure for the admissibility of expert evidence in civil cases?
The ultimate issue rule applies in civil proceedings
correct
incorrect
The court may direct that a single joint expert may give evidence
correct
incorrect
A party who fails to disclose an expert's report may not use the report at trial or call the expert to give evidence orally under any circumstances
correct
incorrect
The expert has a paramount duty to his client
correct
incorrect
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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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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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A mother requested the identity of the person who had made what turned out to be a baseless complaint to the local council about her cruelty to her child, The council claimed public interest immunity. What is likely to be the court's ruling?
The public interest in the need for the flow of informers meant that the disclosure should not be granted
correct
incorrect
Public Interest Immunity cannot be claimed by a non-central government body
correct
incorrect
Freedom of Information principles meant disclosure should be ordered
correct
incorrect
The public interest in maintaining the confidentiality of informers only covered police informers in criminal trials
correct
incorrect
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Which is the correct account of the ratio in
R v Hertfordshire CC ex p Green Environmental Industries Ltd
(2000)?
An abrogation of the privilege against self-incrimination by compulsory powers does not breach Article 6 if the answers to questions are not tendered in criminal proceedings
correct
incorrect
Saunders v UK
(1997) was wrongly decided
correct
incorrect
The privilege against self-incrimination applied equally in administrative and in criminal proceedings
correct
incorrect
Saunders v UK
(1997) did provide authority for not allowing the appellant to answer questions under s71(2) of the Environmental Protection Act 1990
correct
incorrect
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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
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