CRITICAL APPROACHES OF CRIMINAL LITIGATION Flashcards
A man is on trial accused of occasioning actual bodily harm. The prosecution’s case is that his attack on the victim was unprovoked, however the man told the police during his interview under caution that he was acting in self-defence. He stated that he only punched the victim because he believed that he was about to be attacked by him.
Which of the following statements best describes how the burden and standard of proof operates for self-defence?
a) The man has an initial evidential burden. Once satisfied, the prosecution must disprove the defence to a legal standard—beyond a reasonable doubt.
b) The man has to prove that he was acting in self-defence to an evidential standard—the balance of probabilities.
c) The man has an initial legal burden, once satisfied the prosecution has to disprove self-defence to a legal standard—beyond a reasonable doubt.
d) The prosecution has to prove that he was not acting in self-defence to a legal standard—beyond a reasonable doubt.
e) The man has to prove that he was acting in self-defence to a legal standard—the balance of probabilities.
a) The man has an initial evidential burden. Once satisfied, the prosecution must disprove the defence to a legal standard—beyond a reasonable doubt.
A man is standing trial for theft. He denies the offence, telling the jury that he has no recollection of what he is accused of. He believes that he was insane at the time of the offence.
How should the judge direct the jury on the burden and standard of proof?
a) The man needs to prove beyond a reasonable doubt that he was insane at the time of the offence.
b) The prosecution needs to prove beyond a reasonable doubt that he was sane at the time of the offence.
c) The man needs to prove on the balance of probabilities that he was insane at the time of the offence.
d) The prosecution needs to prove on the balance of probabilities that he was sane at the time of the offence.
e) The man only needs to introduce some evidence of insanity, then the prosecution needs to prove beyond a reasonable doubt that he was sane at the time of the offence.
c) The man needs to prove on the balance of probabilities that he was insane at the time of the offence.
A man and a woman have both been charged with murder. The man has raised the partial defence of loss of control and the woman has raised the partial defence of diminished responsibility.
How should the judge direct the jury on the burden and standard of proof for the partial defences?
a) There is an evidential burden on the man but a legal burden on the woman.
b) There is legal burden on both the man and the woman.
c) There is no burden on the man but an evidential burden on the woman.
d) There is no burden on either the man or the woman.
e) There is an evidential burden on both the man and the woman.
a) There is an evidential burden on the man but a legal burden on the woman.
Following a fight in a pub, a man is arrested for assault occasioning actual bodily harm. In police interview, he says that he acted in self-defence. The man is charged with assault occasioning actual bodily harm and bailed to appear in the magistrates’ court. He has two previous convictions for drugs offences. The alleged victim gives a statement detailing the alleged offence and his injury. A friend of the accused also gives a statement, confirming that the accused man was at the scene. Both statements are passed to the CPS.
Which of the following can the CPS withhold from disclosure until after the beginning of the day of the first hearing?
a) The accused man’s criminal record.
b) The alleged victim’s statement.
c) The statement from the friend of the accused man.
d) The accused man’s account of the offence given in interview.
e) A summary of the circumstances of the offence.
c) The statement from the friend of the accused man
A woman is charged with GBH upon her husband. Her husband was attacking her, and she picked up a vase and hit him over the head with it to stop him. The blow caused a serious head injury. She has entered a not guilty plea and wishes to assert that she was acting in self-defence at her trial.
Which of the following statements best describes who bears the burden of proof in relation to the defence?
a) The prosecution only has an evidential burden to show that the defendant did not act in self-defence.
b) The prosecution only has a legal burden to show that the defendant did not act in self-defence, beyond reasonable doubt. There is no burden upon the defence.
c) The defence has the evidential burden to raise the issue of self-defence. The prosecution then has the legal burden of disproving self-defence beyond reasonable doubt.
d) The defence has the evidential burden of proving self-defence on the balance of probabilities.
e) The defence has a legal burden to prove the defendant was acting in self-defence. This is a reverse burden and, as such, the standard of proof is on the balance of probabilities.
c) The defence has the evidential burden to raise the issue of self-defence. The prosecution then has the legal burden of disproving self-defence beyond reasonable doubt.
A man and a woman have been married for seven years. For the duration of the marriage, the husband has been physically violent and emotionally abusive towards his wife. One evening, after another violent outburst from the husband, the wife waits until he is asleep and then stabs him in the back intending to kill him. He dies from the wound. A psychiatrist’s report states that the wife understood what she was doing and wanted her husband dead but that she had been suffering from severe depression and post-traumatic stress disorder caused by the years of abuse. As a result, the wife would have had difficulty in controlling her emotions and would have lost her temper very easily.
Can the wife rely on the defence of diminished responsibility for the murder of her husband?
a) The wife cannot rely on the defence as she did not use reasonable force against her husband.
b) The wife cannot rely on the defence because despite her diagnosis she understood the nature of her actions.
c) The wife may rely on the defence as she can discharge the evidential burden that her mental functioning has affected her ability to exercise self-control.
d) The wife may rely on the defence as she can prove that her mental functioning affected her ability to exercise self-control.
e) The wife cannot rely on the defence as she had ‘cooled off’ sufficiently from his violent outburst and will not be considered to have lost control.
d) The wife may rely on the defence as she can prove that her mental functioning affected her ability to exercise self-control.
A man is accused of causing grievous bodily harm to his wife. On the morning of the trial, his wife advises the prosecution that she now does not want to give evidence against her husband because of the stress the case is causing her.
Can the prosecution call his wife to give evidence?
a) His wife is competent but not compellable.
b) His wife is not competent but is compellable.
c) His wife is not competent and not compellable.
d) His wife is competent, and would be compellable, but only if the husband committed a sexual offence.
e) His wife is competent and compellable.
e) His wife is competent and compellable.
A woman is a victim of domestic violence and will be called by the prosecution to provide oral testimony against her husband. She is extremely fearful about testifying in front of her husband. The prosecution advised her that they will make an application for her to have special measures during the trial in the magistrates’ court.
What type of special measure will not be available to her?
a) Screens.
b) Live television link.
c) Video played of her examination–in-chief.
d) Video played of her cross-examination.
e) Clearing people from the court.
d) Video played of her cross-examination.
A man is on trial accused of assault occasioning actual bodily harm. He instructed his solicitor that he punched the complainant in self-defence, that when questioned at the scene the complainant provided a different account to the formal written statement he made at the police station and that the complainant was offered financial encouragement to make a false allegation to the police by his girlfriend’s previous partner.
In the defence of the man, what is his solicitor unable to do?
a) Call rebuttal evidence that the complainant threw the first punch.
b) Call rebuttal evidence that the complainant was offered a bribe.
c) Refer the complainant to the previous inconsistent statement he made at the scene.
d) Put it to the complainant that his account is a fabrication.
e) Call rebuttal evidence that the complainant colluded with his girlfriend’s previous partner.
b) Call rebuttal evidence that the complainant was offered a bribe.
A woman has made an allegation to the police that she was sexual assaulted by a man. She contacted the police six days after the alleged offence took place, but she told her friend what had happened two days later. Her friend knew that she had been on a date with the man and, because she was very upset, she asked if he had ‘done something’ to her. The woman then told her friend what happened. The man denies the allegation and told the police that the woman was lying.
At trial, can the prosecution adduce the conversation between the woman and her friend as a previous consistent statement?
a) No, the woman’s compliant against the man was elicited by a leading question.
b) Yes, but the prosecution can only adduce the woman’s account of the conversation.
c) No, as her friend cannot provide evidence of the conversation as it is hearsay.
d) No, the conversation with her friend did not take place as soon as was reasonably possible after the alleged conduct.
e) Yes, the woman can provide evidence of the conversation she had with her friend and her friend can also provide evidence of the conversation.
e) Yes, the woman can provide evidence of the conversation she had with her friend and her friend can also provide evidence of the conversation.
A man is charged with burglary of a dwelling-house. A neighbour watched the burglar leaving the house through a window at 4.00 am and running away, for about 10 seconds, at a distance of 50 metres. The neighbour gave a physical description of the burglar to police at the time. The man was arrested shortly afterwards in a nearby garden. He met the description given by the neighbour and was subsequently identified by the neighbour in a video identification parade. The man did not answer questions in police interview or account for his presence in the garden shortly after the burglary.
What steps should the judge take in relation to the identification evidence?
a) The judge should remind the jury that although the identification evidence is of poor quality, it is supported by the man’s failure to answer questions in interview or account for his presence in the garden.
b) The judge should withdraw the case from the jury and direct an acquittal, as the identification evidence is of poor quality since the neighbour saw the burglar at a distance and in difficult lighting conditions.
c) The judge should direct the jury that the identification evidence is reliable because the neighbour identified the burglar at the video identification parade and is an independent witness.
d) The judge should refuse to admit the evidence of identification because it would have such an adverse effect on the fairness of the trial that it ought not to be admitted.
e) The judge should withdraw the case from the jury and direct an acquittal because there is no evidence to corroborate the neighbour’s identification of the man.
a) The judge should remind the jury that although the identification evidence is of poor quality, it is supported by the man’s failure to answer questions in interview or account for his presence in the garden
A man has been charged with careless driving and stands trial six months after the alleged offence occurred. He is the owner of a car that was identified by a witness as driving at high speed through a red light. The witness wrote down the number plate on a piece of paper, which he handed to a community police officer who was in the vicinity. The community police officer radioed the police station where the number plate was recorded in the police incident log by a police sergeant. The piece of paper that the witness wrote the registration number on has since been lost.
What is the best approach for the judge to take when considering the admissibility of the police incident log?
a) The police incident log is inadmissible as it contains multiple hearsay.
b) The police incident log is inadmissible because the witness was not acting in the course of a trade, business, profession or other occupation.
c) The police incident log is admissible because the community police officer and police sergeant were acting in the course of a trade, business, profession or other occupation.
d) The police incident log is admissible because the community police officer and police sergeant were acting in the course of a trade, business, profession or other occupation, and at least one of the five criteria where a witness is unavailable will be satisfied.
e) The police incident log is admissible because the community police officer and police sergeant were acting in the course of a trade, business, profession or other occupation, and the witness cannot be reasonably expected to have any recollection of the number plate.
e) The police incident log is admissible because the community police officer and police sergeant were acting in the course of a trade, business, profession or other occupation, and the witness cannot be reasonably expected to have any recollection of the number plate.
A man is on trial charged with driving whilst disqualified. The Crown Prosecution Service want to introduce into evidence his three–month-old conviction for drink-driving which resulted in a 12-month ban from driving.
What is the best approach for the judge to take regarding the use of this evidence?
a) The conviction is inadmissible. It is not bad character, as the conviction has to do with the alleged facts of the driving whilst disqualified offence (s98(a) Criminal Justice Act 2003).
b) The conviction is bad character and is admissible because it shows a propensity to commit an offence of driving whilst disqualified (s101(d) Criminal Justice Act 2003).
c) The conviction is bad character and is admissible because it is important explanatory evidence (s101(c) Criminal Justice Act 2003).
d) The conviction is admissible. It is not bad character as the conviction is evidence of misconduct in connection with the disqualified driving charge (s98(b) Criminal Justice Act 2003).
e) The conviction is bad character and is admissible to correct a false impression (s101(f) Criminal Justice Act 2003) .
d) The conviction is admissible. It is not bad character as the conviction is evidence of misconduct in connection with the disqualified driving charge (s98(b) Criminal Justice Act 2003).
A woman has been charged with GBH with intent on X. It is alleged that she stabbed the victim with a knife. She denies knowledge of the attack, or knowing X. The prosecution wants to admit into evidence of a text message that she sent to her boyfriend shortly after the attack. The message contained a picture of a knife, along with the words ‘X is having a great day’. The defence argued that the message is inadmissible hearsay.
Which of the following statements is correct about the admissibility of the evidence?
a) The text message is not hearsay and is inadmissible.
b) The text message is hearsay but it is in the interests of justice for it to be admissible.
c) The text message is not hearsay and is admissible.
d) The text message is hearsay but not admissible.
e) The text message is hearsay, but admissible under res gestae.
c) The text message is not hearsay and is admissible.
A man is on trial for the murder of his wife. Their neighbour found her bleeding heavily from a head wound. The neighbour told the police that before she died, she stated ‘my husband hit me with a hammer’. The defence has challenged the admissibility of the wife’s statement to the neighbour. It has argued that it is inadmissible hearsay.
What is the most likely outcome when the judge considers if the statement is hearsay?
a) Hearsay, and inadmissible.
b) Not hearsay, the statement is an implied assertion and admissible.
c) Hearsay, but admissible under the res gestae principle.
d) Hearsay, but admissible because the witness was in fear.
e) Hearsay, but it is in the interests of justice for it to be admissible.
c) Hearsay, but admissible under the res gestae principle.
Two men are charged with murder. The first man is alleged to have lured the victim to a location where the second man killed him with a single shot. The CPS want to admit as evidence against both men a WhatsApp message from the second man to the first man with a picture of the murder weapon and the words ‘one shot killer’. The second man’s defence is self-defence. The first man’s defence is that he did not plan to kill the victim and did not know that the second man had a gun.
Is the WhatsApp message admissible evidence against either or both men?
a) The message is admissible evidence against the first man to prove his knowledge of the plan to kill the victim, but is inadmissible against the second man because it is hearsay.
b) The text message is admissible evidence against the second man to prove that the gun could kill with one shot, and against the first man to prove his knowledge of the plan to kill the victim.
c) The text message is admissible evidence both against the second man to disprove his defence, and against the first man to prove his knowledge of the plan to kill the victim.
d) The text message is admissible evidence against the second man to disprove his defence, but inadmissible against the first man to prove his knowledge of the plan to kill the victim because it is hearsay.
e) The text message is inadmissible against either man because it is hearsay.
c) The text message is admissible evidence both against the second man to disprove his defence, and against the first man to prove his knowledge of the plan to kill the victim.
A man is charged with an offence of assault occasioning grievous bodily harm against his girlfriend. She is the only prosecution witness. The alleged victim gave a written statement to police detailing the assault but refuses to attend trial. She has given a second signed written statement saying that she fears that the man will harm her child if she gives evidence against him. The prosecution seeks leave to admit the alleged victim’s first statement as hearsay evidence.
Which of the factors below should be considered by the judge in deciding whether to admit the statement?
a) The fact that there are no other witnesses for the prosecution: the man should not be convicted solely on the basis of hearsay evidence.
b) The fact that the man cannot challenge the alleged victim’s credibility if she gives evidence by way of a written statement rather than in court.
c) The fact that the alleged victim’s fear is in relation to another person rather than in relation to her own death or injury.
d) The fact that a special measures direction could be made in relation to the alleged victim.
e) The fact that there is no evidence that the man has threatened to harm the alleged victim’s child.
d) The fact that a special measures direction could be made in relation to the alleged victim.
A man has been arrested on suspicion of committing a battery on his girlfriend. He would like his friend to be informed of his arrest.
Which of following statements correctly describes his right to have someone informed of his arrest?
a) He only has a right to inform a relative or a person interested in his welfare.
b) The right to have his friend informed of his arrest can be delayed by a custody officer.
c) The right to have his friend informed of his arrest can be delayed for a maximum of 36 hours.
d) The right to have his flatmate informed of his arrest cannot be delayed.
e) The right to have his friend informed of his arrest can only be delayed if there are reasonable grounds for believing that it will lead to the interference or harm of evidence or any person.
d) The right to have his flatmate informed of his arrest cannot be delayed.
A 16-year-old boy has been arrested on suspicion of robbery. He has advised the custody officer that he is currently on medication for anxiety. The police have requested the attendance of an appropriate adult and they have asked him whether he wishes to consult with a solicitor.
Which of the following statements correctly describe his right to legal advice?
a) The police should only contact a solicitor on the request of an appropriate adult.
b) An appropriate adult can consult with a solicitor and provide him with legal advice.
c) He can be forced to consult with a solicitor.
d) If the boy refuses legal advice, an appropriate adult is unable to request for a solicitor to attend the police station.
e) He can have a consultation with his solicitor before the appropriate adult arrives at the police station.
e) He can have a consultation with his solicitor before the appropriate adult arrives at the police station.
A man has been arrested on suspicion of robbery. He along with four others were part of a joint enterprise to steal £10,000 from a post office. He acted as the lookout and is the only suspect who has been arrested. The other suspects do not know of his arrest and the police have not recovered the £10,000. The man initially declined access to legal advice but part way through the police interview he changed his mind and informed the interviewing officer.
Which of the following statements best describes the man’s right to legal advice?
a) The interview can continue and he can consult with a solicitor once the officer has finished asking his questions.
b) The interview must be stopped even if the interviewing officer believes there are grounds to delay his access to legal advice.
c) The interviewing officer is likely to obtain authorisation from the custody officer to delay his access to legal advice.
d) The reasons for delaying access to legal advice must be in writing and handed to him.
e) His access to a solicitor could be delayed for up to 24 hours given the seriousness of the offence.
b) The interview must be stopped even if the interviewing officer believes there are grounds to delay his access to legal advice
A woman has been arrested on suspicion of committing a burglary. On her arrival at the police station she asked to speak to a solicitor, but after spending an hour in the police cells, she changed her mind about wanting legal advice. An inspector spoke to her to ascertain the reasons for her change of mind.
Before she is interviewed, which of the following statements best describes the actions that the inspector needs to take?
a) Make sure her reasons are recorded on the custody record.
b) Make sure her reasons are recorded on the custody record, contact her solicitor and remind her about the right to legal advice at the start of the interview.
c) Make sure her reasons are recorded on the custody record and contact her solicitor.
d) Make sure her reasons are recorded on the custody record, contact her solicitor and provide authority in writing for the interview to proceed.
e) Nothing, it is the custody officer who has other responsibilities.
d) Make sure her reasons are recorded on the custody record, contact her solicitor and provide authority in writing for the interview to proceed.
A woman has been arrested at 11 am on suspicion of aggravated criminal damage. She arrived at the police station at 11.30 am and the police station was extremely busy so her detention was not authorised by the custody officer until 12.10 pm. At 1 pm a man attended the same police station voluntarily to answer questions about his suspected involvement in an offence of theft. His interview began at 1.15 pm and concluded at 1.35 pm. At 1.40 pm he was arrested.
Which of the following statements accurately describes when the suspects’ maximum 24-hour periods of detention begin?
a) 11 am for the woman and 1.40 pm for the man.
b) 11.30 am for the woman and 1.40 pm for the man.
c) 11.30 am for the woman and 1 pm for the man.
d) 12.10 pm for the woman and 1.15 pm for the man.
e) 11 am for the woman and 1.15 pm for the man.
b) 11.30 am for the woman and 1.40 pm for the man
A man was arrested at 5 pm on suspicion of theft. It is alleged that he befriended his elderly neighbour and dishonestly obtained £5,000 from him. The police searched his home when he was arrested and accessed his bank accounts, but found no trace of the money. The man provided a ‘no comment’ interview. Desperate for evidence, the police conducted a second search of his home, this time finding £4,500 in cash under the floorboards in the man’s bathroom. The search finished at 4 pm the next day and the police would like to interview him about this new evidence.
Which of the following statements best describes whether the police can extend the man’s detention period?
a) An extension can only be granted by a magistrates’ court.
b) An extension cannot be granted as he has not been arrested for an indictable offence.
c) An extension can only be granted to secure or preserve evidence.
d) An extension can be granted by a superintendent.
e) An extension cannot be granted because the investigation was not carried out diligently and expeditiously.
d) An extension can be granted by a superintendent.
A woman was arrested on suspicion of criminal damage, but granted street bail to attend at the police station two days later at 4 pm. The officer wanted to obtain statements from a number of witnesses before interviewing her. She arrived at the police station at 4 pm, the custody officer authorised her detention at 4.20 pm and the police interview started at 5 pm. A man was arrested at 5.30 pm on suspicion of burglary, he arrived at the police station at 5.50 pm and his detention was authorise at 6 pm. His interview started at 6.30 pm and concluded at 8 pm.
Which of the following statements accurately describes when the suspects’ maximum 24-hour periods of detention begin?
a) 4 pm for the woman and 5.50 pm for the man.
b) 4.20 pm for the woman and 5.50 pm for the man.
c) 4.20 pm for the woman and 5.30 pm for the man.
d) 4 pm for the woman and 5.30 pm for the man.
e) 4.20 pm for the woman and 6 pm for the man.
a) 4 pm for the woman and 5.50 pm for the man.
A man arrested on suspicion of theft has been taken to the police station. The police will conduct an interview under caution regarding his alleged involvement in stealing two packets of crisps from a newsagent. The man is a financial advisor earning over £120,000 a year.
Which of the statements below correctly describes his eligibility to publicly funded legal advice at the police station?
a) He is only eligible for publicly funded legal advice by the duty solicitor. incorrect
b) He is only eligible for publicly funded legal advice over a telephone. incorrect
c) He is unlikely to be eligible for publicly funded legal advice given the minor nature of the offence. incorrect
d) He is not eligible for publicly funded legal representation because it is means-tested. incorrect
e) He is eligible for publicly funded legal advice over the phone and in person. correct
e) He is eligible for publicly funded legal advice over the phone and in person
A solicitor is called to advise a man in the police station following his arrest. On inspecting the custody record, the solicitor notes that the man was detained at 3:20 am and it is now 3:10 am the next day.
Which of the following could make the man’s continued detention past 3:20 am lawful?
a) The man is charged with an offence and remanded into police custody pending his first appearance at the magistrates’ court.
b) The man or the solicitor are given an opportunity to make representations about his continued detention.
c) Continued detention is authorised by a custody sergeant.
d) The investigating officer certifies that the investigation is being carried out diligently and expeditiously.
e) The investigating officer believes that it is necessary to detain the subject without charge to secure or preserve evidence.
a) The man is charged with an offence and remanded into police custody pending his first appearance at the magistrates’ court.
A woman is detained and interviewed at the police station. The custody officer determines that there is sufficient evidence to charge her with an offence of wounding but refers the case to the CPS for a charging decision.
Which of the following next steps is not permitted under the Police and Criminal Evidence Act 1984 (PACE 1984)?
a) The woman is detained in custody pending the decision to charge.
b) The woman is released on bail with the condition to report to the police station daily.
c) The woman is released on bail with the condition not to go within 500m of the building where the offence was committed.
d) The woman is released on bail with the condition that she resides at a specified bail hostel.
e) The woman is released on unconditional police bail.
d) The woman is released on bail with the condition that she resides at a specified bail hostel.
A victim was fatally stabbed in the street by a group of three men. One man has been arrested and the others are at large. The arrested man asks to speak to his solicitor. The police superintendent is aware that the solicitor has in the past alerted other local suspects to arrests. The superintendent therefore believes that if the man consults the solicitor, the other two murder suspects will be alerted and will abscond. The superintendent also believes that the solicitor will advise the suspect not to answer questions in interview. She therefore authorises a delay of 30 hours before the man may consult his solicitor. The man is not asked if he would like to choose another legal advisor. The other two suspects are arrested 12 hours later. They are not permitted to use the same solicitor as the man.
Which aspect of the superintendent’s conduct is lawful under the Police and Criminal Evidence Act 1984 (PACE 1984)?
a) Authorising a delay to the man consulting his solicitor in order to avoid the solicitor advising him not to answer questions in interview.
b) Authorising a delay to the man consulting his solicitor in order to prevent the other suspects absconding.
c) Continuing to delay the man’s access to his solicitor after the other suspects are arrested.
d) Not permitting the other two suspects to use the same solicitor as the man.
e) Not asking the man if he would like to use another legal advisor.
b) Authorising a delay to the man consulting his solicitor in order to prevent the other suspects absconding.
A man has been arrested for the manslaughter of his neighbour. The man’s detention is correctly authorised and the police interview him over the course of a number of hours in the presence of his solicitor. Following the interview the police indicate that they wish to make some further enquiries. The man has now been in police detention for almost 24 hours.
Are the police entitled to extend the period of the man’s detention beyond 24 hours?
a) Yes, because this is an indictable only offence.
b) No, the police will have to bail the man or release him under investigation.
c) Yes, if the magistrates’ court issues a warrant of further detention.
d) Yes, if the extension is correctly authorised by an officer of the rank of Superintendent or above.
e) No, as an extension may only be agreed where the suspect gives his written consent.
d) Yes, if the extension is correctly authorised by an officer of the rank of Superintendent or above.
A woman is arrested for multiple offences of theft from a shop and is interviewed by police with her solicitor present. Before the interview, the woman tells the solicitor that she is guilty of the offences but does not think that she will be convicted as she knows there is no CCTV at the shop, and her son is going round to the shop at that moment to seriously injure the shopkeeper so that the shopkeeper won’t give evidence.
What is the best advice for the solicitor to give the woman regarding the interview?
a) The solicitor should advise the woman that he must report the offence by her son against the shopkeeper to the police in order to prevent serious harm to the shopkeeper, and that he can no longer act as her solicitor.
b) The solicitor should advise the woman that unless she wishes to plead guilty to the shoplifting offences, she should remain silent in interview.
c) The solicitor should advise the woman that as there is unlikely to be any evidence against her, she may remain silent in interview or deny the offences.
d) The solicitor should advise the woman that she should prepare a written statement, which the solicitor will read at the outset of the interview, simply denying the offences of shoplifting.
e) The solicitor should advise the woman that unless she admits the shoplifting offences in interview, he will be unable to act further for her.
a) The solicitor should advise the woman that he must report the offence by her son against the shopkeeper to the police in order to prevent serious harm to the shopkeeper, and that he can no longer act as her solicitor.
A man is arrested for assault and taken to the police station. The appears to be suffering from a mental disorder: he is shouting incoherently and does not seem to understand the questions he is being asked. He has not requested legal advice.
Which of the steps below can the custody officer lawfully omit without further justification?
a) Informing an appropriate adult of the man’s detention as soon as possible and requesting them to attend the police station.
b) Making enquiries to find out relevant information to indicate whether the man has a mental health condition or mental disorder.
c) Making sure that the man receives appropriate clinical attention as soon as possible.
d) Delaying any interview of the man until the appropriate adult is present.
e) Contacting the Defence Solicitor Call Centre to ask for a solicitor to attend the police station.
e) Contacting the Defence Solicitor Call Centre to ask for a solicitor to attend the police station.
A 15-year-old boy is arrested at the scene of a robbery and is taken to the police station. The boy informs the police that he is estranged from his parents and does not want them to be informed of his detention. He also declines legal advice and says that he just wants to be released as soon as possible.
Which of the following steps can the custody officer lawfully omit?
a) Giving the boy a written notice informing him of his right to medical assistance and asking him if he might need medical treatment.
b) Undertaking a risk assessment to ascertain the level of risk that the boy poses to himself and others.
c) Ascertaining the identity of the boy’s parent or guardian and informing them of his detention.
d) Asking the boy’s parents if one of them will attend the police station as soon as possible to act as an appropriate adult.
e) Assessing the boy’s fitness to be interviewed.
d) Asking the boy’s parents if one of them will attend the police station as soon as possible to act as an appropriate adult.
A man is arrested for burglary and taken to the police station, arriving at 16:00 on 12 September. The custody officer determines that there is insufficient evidence to charge him but that there are reasonable grounds to believe that detention without charge is necessary to secure and preserve evidence and to question the man to obtain evidence in relation to the offence. The custody officer is reviewing the man’s detention at 15:45 on 13 September.
Which of the following steps may the custody officer lawfully omit at this stage?
a) Seeking authorisation from an officer of at least the rank of superintendent to authorise the man’s continued detention.
b) Determining whether there are reasonable grounds to believe it is necessary to detain the man further without charge to secure and preserve evidence or to obtain evidence by questioning him.
c) Determining whether the investigation is being conducted diligently and expeditiously.
d) Making an application for a warrant of further detention to the magistrates’ court.
e) Giving the man or his solicitor the opportunity to make representations about the detention.
d) Making an application for a warrant of further detention to the magistrates’ court.
A man is arrested for wounding with intent to cause grievous bodily harm and is interviewed with his solicitor present. The man makes no comment in interview. The custody officer has determined that there is sufficient evidence to charge but has referred the final decision on charge to the CPS.
Which of the following statements is correct?
a) The man must be detained or released on bail pending the charging decision.
b) The custody officer must either charge the man or release him on bail pending charge.
c) The man must be released under investigation without bail.
d) The man must be detained pending the charging decision by the CPS.
e) The man must be granted a 28-day period of pre-charge bail by an inspector.
a) The man must be detained or released on bail pending the charging decision.
A man and a woman have been charged with the murder of a landlord at a public house. The prosecution’s case is that they waited for him outside the pub, attacking him when he left to go home. Drops of the landlord’s blood were found on the T-shirt that the man was wearing, and an eyewitness identified the woman as being outside the pub just before the attack took place. When interviewed under caution, the man answered ‘no comment’ to all questions asked, despite being given a special warning about the effect of failing to account for the landlord’s blood. The woman told the police that she was outside the pub waiting for her friend who was using the toilet. At trial, the man told the court that his friend committed the offence and the blood must have inadvertently transferred to his T-shirt when he saw him later that evening. The woman chose not to give evidence at trial.
Can the jury draw an adverse inference from their silence?
a) An adverse inference could be only drawn against the man on the ground that he failed to account for a substance.
b) An adverse inference could only be drawn against the man on the ground that he failed to account for a substance and against the woman for failing to account for her presence at a particular place.
c) An adverse inference could only be drawn against the woman on the ground that she failed to account for her presence at a particular place.
d) An adverse inference could only be drawn against the man on the grounds that he failed to mention facts when questioned and failed to account for a substance.
e) An adverse inference could only be drawn against the man on the ground that he failed to mention facts when questioned.
d) An adverse inference could only be drawn against the man on the grounds that he failed to mention facts when questioned and failed to account for a substance. correct
A woman with a very low IQ and a mental age of 14 was arrested on suspicion of arson. Her solicitor was of the opinion that she would struggle to cope with the interview process and advised her not to answer any questions during the interview. She subsequently gave a ‘no comment’ interview and was then charged with arson. At trial, she gave evidence that she was at home when the offence was committed. This is the same account that she gave to her solicitor at the police station.
Which of the statements below best describe whether an adverse inference will be drawn because of her failure to mention a fact when questioned that she later relied on at trial?
a) An adverse inference will be drawn and she cannot hide behind the legal advice that she received.
b) Only if her solicitor had read out a written statement during the interview would the drawing of an adverse inference be prevented.
c) An adverse inference will not be drawn because of legal privilege.
d) A judge is unlikely to draw an adverse inference because of her low IQ and mental age.
e) Her solicitor could give evidence to help prevent an adverse inference being drawn.
e) Her solicitor could give evidence to help prevent an adverse inference being drawn.
A man is on trial for murder. During his police interview, he told the police that he was not involved in the killing, that he had no knowledge of the offence and also told them the identity of the victim; but could not remember where he was at the time of the murder. During his examination-in-chief, he told the jury that he was at a friend’s house watching a film at the time of the murder. He also stated that he was confident that his friend would confirm this.
Which of the following directions is the most appropriate for the judge to provide to the jury on drawing an adverse inference from his failure to provide the details of his alibi witness to the police?
a) You may draw an adverse inference and convict him on the strength of his failure to provide the details of his alibi witness.
b) You must draw an adverse inference if you think it is fair and proper to do so.
c) You cannot draw an adverse inference if you think the other prosecution evidence against him is weak.
d) You need to draw an adverse inference if you conclude that he could have been expected to provide the details of his alibi when he was interviewed by the police.
e) You may draw an adverse inference if you conclude that that he could not provide an alibi in his interview that would stand up to scrutiny.
e) You may draw an adverse inference if you conclude that that he could not provide an alibi in his interview that would stand up to scrutiny.
A woman is detained in the police station in relation to an offence of fraud. The fraud is alleged to have occurred in 2011 at the bank where the woman worked. No documentary evidence has been disclosed. The woman informs her solicitor that she has not committed fraud but she cannot recall the transactions that are the subject of the allegations as she dealt with hundreds of similar transactions each week in her job.
How should the solicitor advise the woman regarding answering questions in interview?
a) The woman should answer all questions in interview as otherwise adverse inferences will be drawn from her failure to do so.
b) The woman should answer ‘no comment’ to every question. As documents have not been disclosed, it is unlikely that adverse inferences will be drawn by the court.
c) The woman should answer all questions in interview as otherwise she could be convicted on the basis of adverse inferences alone.
d) The woman should prepare a written statement to be read by the solicitor to the police during the interview; this will prevent an adverse inference being drawn.
e) The woman should remain silent in interview as to draw adverse inferences in these circumstances would be incompatible with her right to a fair trial under Art 6 of the European Convention on Human Rights.
b) The woman should answer ‘no comment’ to every question. As documents have not been disclosed, it is unlikely that adverse inferences will be drawn by the court.
A man is arrested for rape in a park where the offence was allegedly committed, shortly after it was said to have been committed, at midnight. The man informs his solicitor that he was in the park because he was meeting a woman there with whom he is having an affair. He does not want to mention this in interview because his family may find out. The man is interviewed at 2.00 am and is very tired. He is cautioned as follows: ‘You do not have to say anything. But anything you do say may be given in evidence.’
What are the best grounds for arguing that an adverse inference should not be drawn if the man does not account for why he was in the park when asked to do so by police?
a) Because of the wording of the caution.
b) Because he could not reasonably have been expected to explain why he was there.
c) Because he has not been allowed to sleep before being interviewed.
d) Because he has the right to a private life under Art 8 of the European Convention on Human Rights.
e) Because at trial he does not intend to rely on evidence that he was meeting the woman with whom he is having an affair.
a) Because of the wording of the caution.
A company director is arrested by the police for fraud. It is alleged that she obtained two business loans by submitting falsified company accounts to lenders. The police have disclosed statements from two lenders briefly describing the loan applications: one application was made a few months ago but the other was made five years ago. However, only the newer loan application has been disclosed. The company director tells her solicitor that she made the applications in good faith. She also says that she cannot recall the details of the older loan application and would need to speak to her accountant and look at records to do so.
What is the best advice for the solicitor to give the company director regarding answering police questions in interview?
a) The company director should prepare a written statement for the solicitor to read out in relation to both applications, and then answer ‘No comment’ to the interview questions.
b) The company director should answer questions in relation to both applications because the police have made sufficient disclosure of the evidence against her.
c) The company director should answer questions in relation to the recent loan application and prepare a written statement in relation to the older application that the solicitor will read.
d) The company director should answer ‘No comment’ to the interview questions as she genuinely cannot recollect all the details without reference to documents and her accountant.
e) The company director should answer questions in relation to both applications because she could reasonably be expected to mention the facts she is relying on in her defence.
d) The company director should answer ‘No comment’ to the interview questions as she genuinely cannot recollect all the details without reference to documents and her accountant.
A 14-year-old boy is arrested for inflicting grievous bodily harm on another boy after a fight in the street between a group of teenagers. The boy has never been arrested before. He is extremely distressed as his brother was seriously injured in the fight and is in hospital. The boy declines access to a legal advisor at the police station as he wants to see his brother as quickly as possible. He is questioned by police under caution and does not answer any questions, and is charged with inflicting grievous bodily harm. Before his first court appearance, the boy goes to see a solicitor and states that he hit the victim in defence of his brother, who was being attacked.
What should his solicitor advise him about his failure to answer questions in interview?
a) No adverse inference can be drawn from his silence because he did not receive legal advice before his interview.
b) The fact that he acted in defence of his brother is a fact that he could reasonably have been expected to mention and therefore an adverse inference is likely to be drawn.
c) If the solicitor prepares a defence statement setting out that he was acting in defence of his brother, then no adverse inference can then be drawn from his silence in interview.
d) An adverse inference is less likely to be drawn because of his age, state of mind and lack of experience with the police.
e) As the burden is on the defendant to show that he acted in defence of his brother, his failure to raise this in interview will make conviction likely.
d) An adverse inference is less likely to be drawn because of his age, state of mind and lack of experience with the police
A man is arrested for the murder of his wife and is interviewed under caution with his solicitor present. As insufficient disclosure has been provided, the solicitor states at the beginning of the interview that her client will answer ‘no comment’ to all questions. The police continue to ask the man a series of detailed questions, repeating the same questions several times and suggest that he is only failing to answer the questions because he is guilty. The man has scratches on his face and the police ask him if his wife scratched him in self-defence when he was killing her.
What should the solicitor do in response to the police questions?
a) The solicitor should ask the man if he would like further legal advice. She should advise him that he should account for the scratches on his face, otherwise an adverse inference may be drawn, but that he should continue to answer ‘no comment’ to the other police questions.
b) The solicitor should allow the questions to continue provided the man continues to answer ‘No comment’ to all questions.
c) The solicitor should challenge the police use of repeated and leading questions before allowing the interview to continue.
d) The solicitor should challenge the police use of repeated questions and should ask the man if he would like further legal advice. She should advise him that no adverse inference can be drawn from his failure to account for the scratches and that he should continue to answer ‘no comment’ to all questions.
e) The solicitor should ask the man if he would like further legal advice. She should advise him that although an adverse inference could be drawn from his silence and his failure to account for the scratches, he should continue to answer ‘no comment’ to all questions.
d) The solicitor should challenge the police use of repeated questions and should ask the man if he would like further legal advice. She should advise him that no adverse inference can be drawn from his failure to account for the scratches and that he should continue to answer ‘no comment’ to all questions.
