1 markers from AS papers

Question 1

2020 As
In criminal law, which one of the following statements best describes the rules on burden
and standard of proof in most cases?
A The defence must prove the case for the defendant beyond all
reasonable doubt.
B The defence must prove the case for the defendant on a balance of
probabilities.
C The prosecution must prove the case against the defendant beyond
all reasonable doubt.
D The prosecution must prove the case against the defendant on a
balance of probabilities.

Answer 1

C - The prosecution must prove the case against the defendant beyond all reasonable doubt.

Question 2

2020 As
0 2 Which one of the following statements about strict liability offences is true?
A They aim to protect the public.
B They are usually heard in the Crown Court.
C They do not apply to businesses.
D They require proof of mens rea.

Answer 2

A - They aim to protect the public.

Question 3

2020 as

0 3 Which one of the following statements best describes subjective recklessness?

A The defendant does not see a risk of harm but a reasonable person would.
B The defendant has the aim, objective and purpose to harm the victim.
C The defendant realises harm is a virtual certainty but continues anyway.
D The defendant sees a risk of harm but decides to take that risk anyway.

Answer 3

D The defendant sees a risk of harm but decides to take that risk anyway.

Question 4

2020 as
0 4 In which one of the following situations would the defendant not have a duty to act?

A The defendant is a lifeguard at a pool and sees a swimmer drowning.
B The defendant is a passer-by and sees a stranger drowning in a river.
C The defendant sets fire to a chair and can see the fire is spreading quickly.
D The defendant volunteers to look after their elderly sister who needs constant care.

Answer 4

B The defendant is a passer-by and sees a stranger drowning in a river.

Question 5

2020 as
Which one of the following statements best describes a difference between s18 unlawful
wounding and grievous bodily harm and s20 unlawful wounding and grievous bodily harm?

A The actus reus of s18 is more serious than the actus reus of s20.
B The actus reus of s20 only requires proof of some harm.
C The mens rea of s18 includes intention to cause serious harm.
D The mens rea of s18 includes intention to wound.

Answer 5

C The mens rea of s18 includes intention to cause serious harm.

Question 6

2020 as
0 6 In which one of the following situations could a case be heard in the Supreme Court?

A A bail application.
B A sentencing hearing following conviction.
C An appeal raising a point of law that is of public importance
D The trial of a driving offence.

Answer 6

C An appeal raising a point of law that is of public importance

Question 7

2020 as
Which one of the following is the role of the jury?
[1 mark]
Deciding the defendant’s sentence.
B Deciding the guilt or innocence of the defendant.
C Hearing cases in the Family Court.
D Hearing summary offences in the Magistrates’ Court.

Answer 7

B Deciding the guilt or innocence of the defendant.

Question 8

2024
0 1 Which one of the following statements about the offence of murder is true? [1 mark]
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 8

D The defendant must have intended death or serious injury.

Question 9

02 Which one of the following statements about the defence of duress is false? [1 mark]
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 9

B The defence of duress is available if the defendant acted due to a serious threat to their reputation.

Question 10

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 10

B The defendant will be asked to plead guilty or not guilty.

Question 11

0 4 skip
In relation to the Bar Standards Board (BSB), which one of the following statements is false? [1 mark] A The BSB can disbar a barrister who has breached the code of conduct. B The BSB is the body which regulates barristers. C The BSB sets out a code of conduct for barristers. D The BSB sets training and entry

Answer 11

bruh

Question 12

0 9 Which one of the following statements is false in relation to The Law Commission?

A The Law Commission’s proposals are always accepted by the
Government.
B The Law Commission proposes consolidation to some areas of law.
C The Law Commission’s progress is reported annually to
Parliament.
D The Law Commission proposes the repeal of Acts of Parliament
that are out of date.

Answer 12

A - The Law Commission’s proposals are always accepted by the Government.
❌ False – the government often rejects or delays implementation.

Question 13

1 0 Which one of the following statements is true in relation to superior judges?

A The Lord Chief Justice has the power to dismiss them.
B They are selected by the Lord Chancellor.
C They cannot be dismissed by the Government.
D They sit in the Magistrates’ Court.

Answer 13

C They cannot be dismissed by the Government.

Question 14

2019 as
0 1 Which one of the following statements regarding omissions is false?
[1 mark]
A The defendant is liable if they fail to act and could easily have saved a stranger.
B The defendant is liable if they fail to act having voluntarily assumed responsibility for someone.
C The defendant is liable if they fail to act when they have a contractual duty to someone.
D The defendant is liable if they fail to act when they have knowingly created a dangerous situation.

Answer 14

A The defendant is liable if they fail to act and could easily have saved a stranger.

Question 15

0 2 Which one of the following statements about oblique (indirect) intent is true?
[1 mark]
A The jury may find intent if the defendant foresaw the consequence as a virtual certainty.
B The jury must find intent if the defendant failed to reach the
standard of the reasonable person.
C The jury must find intent if the defendant foresaw any risk of the
consequence and decided to take it anyway.
D The jury must find intent if the defendant foresaw the consequence
as a virtual certainty.

Answer 15

A The jury may find intent if the defendant foresaw the consequence as a virtual certainty.

Question 16

0 3 Which one of the following statements about transferred malice is false?
[1 mark]
A A defendant can be guilty of an offence against an unintended and
unforeseen victim.
B Malice cannot be transferred from person to property.
C Transferred malice is when the actus reus is transferred from one
victim to another victim.
D Transferred malice is when the mens rea is transferred from one
victim to another victim.

Answer 16

A - A defendant can be guilty of an offence against an unintended and unforeseen victim.
✅ This is transferred malice.

Question 17

0 4 Which one of the following statements about strict liability is false?

A The defendant must be proved to have committed the actus reus.
B The defendant must have acted involuntarily.
C The defendant will be liable even though they took reasonable care.
D There is no need to prove mens rea in relation to at least one
part of the actus reus.

Answer 17

B - The defendant must have acted involuntarily.
❌ False – the act must be voluntary to be liable.

Question 18

0 5 Which one of the following statements accurately defines the mens rea of actual bodily
harm under s47 of the Offences Against the Person Act 1861?
[1 mark]
A The defendant must be reckless as to whether the victim suffers
serious harm.
B The defendant must have the mens rea of assault or battery.
C The defendant must intend or be reckless as to whether the victim
suffers actual bodily harm.
D The defendant must intend or be reckless as to wounding the
victim.

Answer 18

B - The defendant must have the mens rea of assault or battery.
✅ ABH under s47 does not require intent to cause harm, only the mens rea for assault/battery.

Question 19

skip
0 6 Which one of the following is not an aim of sentencing?[1 mark]
A Deterring the defendant and the public.
B Discharging the defendant.
C Protection of the defendant and the public.
D Rehabilitating the defendant.

Answer 19

bruh

Question 20

skip
0 7 Which one of the following statements about the role of barristers is false?
[1 mark]
A Anyone wanting to instruct a barrister must first instruct a solicitor.
B Barristers can be employed by government organisations.
C Employed barristers have the same rights of audience as
self-employed barristers.
D Self-employed barristers usually work from a set of chambers.

Answer 20

bruh

Question 21

0 8 Which one of the following is available as an appeal route from the Magistrates’ Court?
[1 mark]
A The defendant can appeal to the Crown Court against sentence
following conviction.
B The defendant can appeal to the High Court (QBD) against
sentence following conviction.
C The prosecution can appeal to the Crown Court against the
defendant’s acquittal.
D The prosecution can appeal to the High Court (QBD) against the
defendant’s sentence following conviction

Answer 21

A - The defendant can appeal to the Crown Court against sentence following conviction.
✅ This is the correct appeal route from Magistrates’.

Question 22

Which one of the following is true in relation to The Practice Statement 1966?
[1 mark]
A The Practice Statement allows the Court of Appeal to overrule its
own decisions.
B The Practice Statement allows the Supreme Court to overrule its
own previous decisions.
C The Practice Statement allows the Supreme Court to overrule the
Court of Appeal.
D The Practice Statement states that the Supreme Court must follow
its own decision unless that decision was made per incuriam.

Answer 22

B - The Practice Statement allows the Supreme Court to overrule its own previous decisions.
✅ Key principle of legal flexibility.

Question 23

skip
1 0 Which one of the following will allow a defendant to be given legal funding in a criminal
case?
[1 mark]
A The case will involve consideration of a point of law.
B The defendant has no previous convictions.
C The defendant pleads not guilty.
D The defendant was given bail

Answer 23

bruh

Question 24

Which one statement best defines direct intention by D as to a consequence?
A D does not realise that the consequence may result from her conduct but a reasonable person would.
B D realises that the consequence may result from her conduct.
C D realises that the consequence will result from her conduct.
D D wants the consequence to result from her conduct.
[1 mark]

Answer 24

D - D wants the consequence to result from her conduct.
✅ Definition of direct intention.

Question 25

0 2 Select the one statement that best defines the meaning of actual bodily harm in the offence under s47 Offences Against the Person Act 1861. A Cuts and bruises B More than merely trivial personal injury C Personal injury D Serious violence

Answer 25

B - More than merely trivial personal injury. ✅ ABH must be more than trivial – not as serious as GBH.

Question 26

select the one correct statement about strict liability offences. A D must be proved to have foreseen the risk of any necessary consequence. B D must be proved to have intended any necessary consequence. C If an act must be proved, it need not be a voluntary act. D It is not necessary to prove that D was negligent. [1 mark]

Answer 26

D It is not necessary to prove that D was negligent. ✅ Strict liability offences do not require negligence or mens rea.

Question 27

0 4 Which is the one correct statement about the ‘thin skull’ (‘take your victim as you find him/her’) principle? A It does not apply to personal injury offences. B It may make it easier to prove causation. C It only applies if D knew about V’s weakness (‘thin skull’). D It only applies to strict liability offences. [1 mark]

Answer 27

B - It may make it easier to prove causation. ✅ Thin skull rule helps prove causation even where victim is unusually vulnerable.

Question 28

0 5 Select the one correct statement about criminal liability. A All criminal offences can be committed with proof that D was reckless. B All criminal offences require proof that D committed an act. C In some cases, D will be guilty of an offence of causing injury to V, even though he intended injury only to X. D There is no criminal liability if mens rea was not present at the start of any actus reus.

Answer 28

C - In some cases, D will be guilty of an offence of causing injury to V, even though he intended injury only to X. ✅ Example of transferred malice.

Question 29

Which one of the following statements about the role of magistrates is box false? A Magistrates deal with all summary offences. B Magistrates hear bail applications. C Magistrates sentence offenders up to a maximum of 3 years’ imprisonment for a single offence. D Magistrates sometimes sit with a judge in the Crown Court and hear appeals. [1 mark]

Answer 29

C - Magistrates sentence offenders up to a maximum of 3 years’ imprisonment for a single offence. ❌ False – they can only sentence up to 6 months per offence (or 12 months for multiple).

Question 30

0 7 Select the one correct statement about offences triable either way. A The accused can always insist on being tried in the Crown Court. B They include all the minor offences. C They include all the most serious offences. D They must be tried in a Magistrates’ Court.

Answer 30

Q7: A - The accused can always insist on being tried in the Crown Court. ✅ True for either-way offences.

Question 31

0 8 Select the one correct statement about the meaning of ‘distinguishing’ by a court. A A court does not agree with the law decided in an earlier precedent. B A court does not apply a precedent from an earlier case because significant facts were different. C A higher court overrules a precedent decided in an earlier case by a lower court. D An appeal court changes the result of a case on appeal.

Answer 31

B - A court does not apply a precedent from an earlier case because significant facts were different. ✅ Definition of distinguishing.

Question 32

select the one practice which would be in breach of the rule of law. A Judges cannot decide cases involving members of their own family. B The Government cannot dismiss a judge on grounds only that it does not approve of the judge’s interpretation of the law. C The law is not usually applied differently to members of different ethnic groups. D The Prime Minister cannot be prosecuted for minor criminal offences.

Answer 32

D - The Prime Minister cannot be prosecuted for minor criminal offences. ❌ False – the rule of law holds everyone accountable equally.

Question 33

skip 1 0 D pleaded guilty to an offence of causing grievous bodily harm with intent to V under s18 Offences Against the Person Act 1861. Select the one statement which describes the factor that the judge would treat as least important when deciding on sentence. A D had previous convictions for personal injury offences. B D knew that V was widely suspected of child abuse. C D planned the attack. D D pleaded guilty.

Answer 33

bruh

Question 34

0 1 Which one of the following statements best defines the rule of transferred malice? A The actus reus moves from the actual victim to the intended victim B The actus reus moves from the intended victim to the actual victim C The mens rea moves from the actual victim to the intended victim D The mens rea moves from the intended victim to the actual victim [1 mark]

Answer 34

D – The mens rea moves from the intended victim to the actual victim. ✅ This defines transferred malice, as in Latimer: if D intends to harm A but accidentally harms B, the intent (mens rea) transfers.

Question 35

0 2 Which one of the following statements about strict liability offences is true? A Whether an offence is one of strict liability is a matter of fact to be decided by a jury B Strict liability is only imposed where the offence is a regulatory offence C Strict liability offences are usually statutory offences D A strict liability offence will never carry a sentence of imprisonment

Answer 35

C – Strict liability offences are usually statutory offences ✅ Most strict liability offences (like health & safety regulations) are created by statute, not common law.

Question 36

0 3 Which one of the following statements best defines the actus reus of s47 Offences Against the Person Act 1861? A Assault causing some harm B Assault or battery causing some harm C Battery causing some harm D Causing some harm

Answer 36

B – Assault or battery causing some harm ✅ s47 OAPA 1861 requires proof of an assault or battery that results in actual bodily harm (ABH).

Question 37

0 4 Dave is sitting on a bench when he points a gun at Nick who is coming towards him. Dave puts the gun away when he realises that Nick is blind. What offence has Dave committed? A Assault B Assault and battery C Battery D None of the above

Answer 37

D – None of the above ✅ Assault requires apprehension of immediate unlawful force. Because Nick is blind and unaware, there is no assault (R v Logdon distinguished).

Question 38

0 5 Which one of the following statements about causation is false? A Causation requires proof of causation in fact B D can cause a consequence only by doing an act C Causation requires proof of causation in law D Two or more persons can be held to cause the same consequence

Answer 38

B – D can cause a consequence only by doing an act ❌ This is false. A defendant can be liable through an omission, if they had a duty to act (R v Stone and Dobinson).

Question 39

0 6 Select the one court to which the prosecution can appeal by way of case stated (on a point of law) from a Magistrates’ Court trial. A The County Court B The Court of Appeal (Criminal Division) C The Crown Court D The Queen’s Bench Divisional Court

Answer 39

D – The Queen’s Bench Divisional Court ✅ This is where appeals by way of case stated (on a point of law) from the Magistrates' Court go.

Question 40

skip Yvette is unemployed and is charged with grievous bodily harm with intent contrary to s18 Offences Against the Persons Act 1861. What would be the best course of action for Yvette to fight her case? A Apply to the court for a representation order B Negotiate a conditional fee agreement C Represent herself in court D Use her benefits and savings to employ a lawyer

Answer 40

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Question 41

0 8 Select the most senior court in the hierarchy in terms of judicial precedent. A The Court of Appeal B The European Court of Human Rights maybeidk C The High Court D The Supreme Court

Answer 41

D – The Supreme Court ✅ The Supreme Court is the highest domestic court and binds all other courts in the English legal system.

Question 42

skip 0 9 Select the one type of lawyer who is not authorised to represent a client in a Crown Court trial. A A barrister B A legal executive C A Queen’s Counsel D A solicitor with higher competencies

Answer 42

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Question 43

1 0 Select the one correct statement about lay magistrates. A Lay magistrates decide on a defendant’s guilt or innocence B Lay magistrates sentence all defendants found guilty of triable either way offences C Lay magistrates must sit in court at least once each week D Lay magistrates never appear in the Crown Court

Answer 43

Q10: A – Lay magistrates decide on a defendant’s guilt or innocence ✅ In summary trials (Magistrates' Court), lay magistrates act as both judge and jury.