1 markers

Question 1

2024
0 1 Which one of the following statements about the offence of murder is true?

A The defendant must have acted involuntarily.
B The defendant must have committed an unlawful act.
C The defendant must have foreseen a risk of death.
D The defendant must have intended death or serious injury.

Answer 1

d

Question 2

2024
0 2 Which one of the following statements about the defence of duress is false?

A The defence of duress, if successfully pleaded, leads to an acquittal.
B The defence of duress is available if the defendant acted due to a serious threat to their reputation.
C The defence of duress is not available for the crime of attempted murder.
D The defence of duress may fail if the defendant had voluntarily joined a violent gang.

Answer 2

B

Question 3

2024
0 3 Which one of the following statements about a trial in the criminal courts is true?
A Any defence raised by the defendant must be proved beyond all reasonable doubt.
B The defendant will be asked to plead guilty or not guilty.
C The prosecution must prove the case against the defendant on the balance of probabilities.
D The trial will begin in the County Court.

Answer 3

B

Question 4

2024
0 5 Which one of the following best describes the operation of the golden rule of statutory interpretation? [1 mark]
A The court asks what gap in the law led to the statute being enacted.
B The courts can only give words in a statute their plain, ordinary meaning.
C The courts consider the purpose for which the statute was passed.
D The courts may choose to modify the meaning of a word in a statute to avoid an absurd outcome.

Answer 4

D

Question 5

2023
0 1 Which one of the following can be used as evidence for the defence of diminished responsibility under s2 of the Homicide Act 1957?
A The defendant acted in response to a qualifying trigger.
B The defendant acted proportionately to a threat of serious violence.
C The defendant’s conduct was due to the effect of a drug.
D The defendant’s mental functioning was substantially impaired.

Answer 5

d

Question 6

2023
0 2 Which one of the following statements about offences of strict liability is true?
A A person may be liable even though they took all reasonable care.
B A sentence of imprisonment cannot be imposed.
C The actus reus need not be proven.
D The defendant must foresee a desired consequence.

Answer 6

a

Question 7

2023 skip
0 4 Which one of the following is the best reason for State funding (legal aid) being granted for a trial in a criminal case? [1 mark] A The defendant has been released on bail. B The defendant has no previous convictions. C The defendant has pleaded guilty. D The defendant’s trial will involve consideration of a substantial point of law.

Answer 7

bruh

Question 8

2023 skip
0 5 Which one of the following is an example of an aggravating factor in sentencing? [1 mark] A The defendant has no previous convictions. B The defendant has shown remorse. C The defendant pleaded guilty. D The defendant used a weapon during the offence.

Answer 8

bruh

Question 9

2022
0 1 Which of the following best describes the mens rea for the offence of assault (battery) occasioning actual bodily harm?
A Intention or recklessness as to causing fear of force or applying force.
B Intention to cause serious harm.
C Intention to use force.
D Recklessness as to the infliction of some harm.

Answer 9

A

Question 10

2022
0 2 Which of the following can be used as evidence to support a defence of loss of control under s54 and s55 of the Coroners and Justice Act 2009?

A The defendant acted due to fear of serious violence.
B The defendant acted in a considered desire for revenge.
C The defendant’s conduct was due to a reflex reaction.
D The defendant’s mens rea was removed due to the effect of a drug.

Answer 10

A

Question 11

2022
0 3 When interpreting a statute, which of the following requires a judge to give words their box plain, ordinary meaning even if the outcome is absurd? [1 mark]
A Golden Rule
B Literal Rule
C Mischief Rule
D Purposive Approach

Answer 11

a

Question 12

2022
4 Which statement best describes a ‘binding precedent’ within the doctrine of judicial precedent? [1 mark]
A A judgment made by a lower court where there is no previous law for the judge to use.
B A judgment made in a previous case that the judge may decide to follow.
C A judgment made in a previous case which must be followed by judges in later cases.
D A judgment which states that a conviction from a previous case is unsafe.

Answer 12

c

Question 13

2022 skip
0 5 Public funding is sometimes available for criminal cases, as long as the ‘interests of justice’ test is met. Which of the following is not relevant to the ‘interests of justice’ test? [1 mark]
A The defendant’s ability to understand court proceedings.
B The financial status of the defendant.
C The likelihood that the defendant’s liberty could be lost.
D The need to trace and interview witnesses

Answer 13

bruh

Question 14

2021
0 1 Which of the following is not a defence to murder? [1 mark]
A Automatism
B Duress
C Intoxication
D Self-defence

Answer 14

b

Question 15

2021
0 2 Which is the false statement about the requirements needed to prove the offence of robbery? [1 mark]
A The amount of force used by the defendant can be minimal.
B The defendant can be reckless as to the use of force.
C The force must be used immediately before or at the time of the theft.
D The offence must include a completed theft.

Answer 15

b

Question 16

2021
0 3 Select the statement that most accurately describes the aim of the purposive approach to statutory interpretation. [1 mark]
A Avoiding an absurd result
B Finding what Parliament intended to achieve
C Giving words their ordinary meaning
D Identifying a gap in the law

Answer 16

b

Question 17

2021
0 4 A defendant who pleads guilty to an offence in the Magistrates’ Court can appeal to the Crown Court against:
A a ruling on a point of law.
B conviction only.
C sentence and conviction.
D sentence only.

Answer 17

d

Question 18

2021
0 5 Select the false statement about lay magistrates.
A Lay magistrates are assisted in court by a legal adviser.
B Lay magistrates can impose community sentences.
C Lay magistrates do not hear either-way offences.
D Lay magistrates hear cases in the Youth Court.

Answer 18

c
Lay magistrates conduct the first hearing.

They decide whether the case is suitable to stay in the Magistrates’ Court or should be sent to the Crown Court.

If both the magistrates and the defendant agree, the case may proceed in the Magistrates’ Court.

Question 19

2020
0 1 Select the true statement about liability for an omission. [1 mark]
A An Act of Parliament can create liability for an omission.
B An omission cannot make a person guilty of an offence.
C Liability for an omission arises due to an involuntary action.
D Liability for an omission removes the need to prove mens rea.

Answer 19

a

Question 20

2020
0 2 Select the true statement about the defence of diminished responsibility. [1 mark]
A The abnormality of mental functioning must provide an explanation for the defendant’s conduct.
B The defect of reasoning must be due to an external factor.
C The defendant must be judged against a reasonable adult.
D The defendant must show a justifiable sense of being seriously wronged.

Answer 20

a

Question 21

2020
Within statutory interpretation, which one of the following is not an intrinsic (internal) aid to interpretation? [1 mark]
A A Law Commission Report
B An interpretation section
C The long title
D The preamble

Answer 21

a

Question 22

2020 skip
0 4 The CILEx Regulation Board has the power to discipline which one of the following? [1 mark] A A barrister B A judge C A legal executive D A solicitor

Answer 22

bruh

Question 23

2020
0 5 Select the true statement about the role of the jury within the criminal justice system. The jury will [1 mark]
A decide points of law.
B decide the sentence.
C reach a verdict based on the facts presented.
D sit on appeal hearings.

Answer 23

c

Question 24

2019
Which one of the following statements about mens rea is false? [1 mark]
A Direct intention requires the defendant to aim to cause a consequence.
B Mens rea is the mental element of an offence.
C Mens rea must be proven in all criminal cases.
D Recklessness requires the defendant to foresee the risk of a consequence.

Answer 24

c

Question 25

2019 0 2 Which one of the following statements about gross negligence manslaughter is true? [1 mark] A The defendant must commit an unlawful act against the victim. B The defendant must have foreseen a risk of death. C The defendant must have wanted to cause the victim serious harm. D The defendant’s act or omission must create a risk of death.

Answer 25

d

Question 26

2019 Which one of the following statements about the use of the golden rule within statutory interpretation is correct? [1 mark] A The golden rule allows the judge to take account of Parliament’s purpose in passing the statute. B The golden rule directs the judge to look at the gap in the law which the statute intended to cover. C The golden rule enables the judge to avoid an interpretation which would lead to an absurd result. D The golden rule gives the judge no discretion as the words of the statute must be followed exactly.

Answer 26

c

Question 27

2019 0 4 Which one statement best describes the method of ‘distinguishing’ within the doctrine of judicial precedent? [1 mark] A Not following a previous decision because the facts in the present case are materially different B Overruling a previous decision made by the Court of Appeal C Speculating what a decision would have been if the facts were different D Stating that a legal rule in an earlier case is wrong

Answer 27

a

Question 28

2019 0 5 Which one of the following statements about the jurisdiction of lay magistrates is false? [1 mark] A Magistrates can sit on appeals in the Crown Court. B Magistrates can try cases within the Youth Court. C Magistrates can try indictable-only offences. D Magistrates can try triable-either-way offences.

Answer 28

c

Question 29

2016 specimen 1 Which one of the following statements about strict liability offences is false? A D cannot be guilty of a strict liability offence if she was not negligent B D will not usually be guilty of a strict liability offence if his conduct was involuntary C Some offences impose strict liability as to one actus reus element but require mens rea as to another element D Strict liability is often imposed in ‘regulatory’ offences [1 mark]

Answer 29

a

Question 30

2016 specimen 0 2 Which one of the following statements about the defence of insanity is true? A The ‘defect of reason’ must be caused by an external factor B The defence cannot succeed if D understood the nature and quality of his act C The ‘disease of the mind’ can result from physical disease D The burden of proof is on the Prosecution.

Answer 30

c r v quick

Question 31

2016 0 3 Which one of the following kinds of statements made in a judgment in a case would best be described as ‘obiter dicta’? A Statements about the application of the law to the important facts in the case B Statements about the important facts in the case C Statements about the result of the case D Statements about the application of the law to facts which are a little different from those in the case [1 mark]

Answer 31

d

Question 32

2016 0 4 Which one of the following approaches to statutory interpretation gives judges the least discretion (power)? A The golden rule B The literal rule C The mischief rule D The purposive approach [1 mark]

Answer 32

b

Question 33

2016 0 5 Which one of the following statements about jurors in criminal trials is correct? A Jurors can consult the Internet to assist them in making decisions B Jurors can discuss the case with other jurors in the trial C Jurors can discuss the case with reporters after the trial is concluded D Jurors cannot ask questions during the trial

Answer 33

b