I85PREP
⌘ K
Bar Council Written study materials
Bar Council Written study resources

Bar Council Written practice questions

One question at a time. Build your Bar Council Written understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Constitutional and Administrative Law

Which principle holds that a public authority may not exercise a power it does not possess under statute or the common law?

  1. The principle of parliamentary sovereignty
  2. The doctrine of separation of powers
  3. The doctrine of legitimate expectation
  4. The principle of legality Correct answer.

Explanation

The principle of legality, closely associated with legality review, requires that public bodies act within the four corners of the powers conferred on them by statute or the common law. Any action taken without legal authority is ultra vires and void. It is distinct from broader constitutional doctrines such as sovereignty or separation of powers.

Question 2Constitutional and Administrative Law

A minister is given statutory power to make regulations 'as appear to the minister necessary' for implementing a scheme. A court scrutinising the exercise of that power will primarily ask whether the minister's judgment was:

  1. Approved by the relevant parliamentary committee
  2. Supported by a majority of affected stakeholders
  3. Reasonable and based on relevant considerations Correct answer.
  4. Consistent with the minister's party manifesto

Explanation

Where a statute confers a broad discretion on a minister, courts review the legality of the decision rather than its merits. The minister must act within the purpose of the enabling Act, take relevant matters into account, and reach a conclusion that a reasonable decision-maker could reach. Political or consultative support does not substitute for legal compliance.

Question 3Constitutional and Administrative Law

Which of the following best describes the effect of section 3 of the Human Rights Act 1998 on primary legislation?

  1. It requires courts to read and give effect to legislation compatibly with Convention rights so far as it is possible to do so Correct answer.
  2. It empowers courts to strike down any Act of Parliament that conflicts with a Convention right
  3. It requires all future legislation to be approved in advance by the European Court of Human Rights
  4. It prevents courts from considering Convention rights when interpreting ambiguous statutes

Explanation

Section 3 imposes a strong interpretative duty on courts to read and give effect to primary and subordinate legislation in a way compatible with Convention rights so far as it is possible to do so. The duty does not permit courts to disapply or strike down Acts of Parliament. Where compatible interpretation is impossible, the court may make a declaration of incompatibility under section 4.

Question 4Constitutional and Administrative Law

A local authority adopts a policy refusing all applications for travellers' sites without considering individual circumstances. A challenge is brought. On what ground is the policy most clearly vulnerable?

  1. Failure to give reasons for the decision
  2. Fettering discretion by applying a blanket policy without regard to individual cases Correct answer.
  3. Breach of the rule against bias
  4. Error of law in the interpretation of the planning statute

Explanation

A public body may adopt a policy to guide decision-making but must not apply it so rigidly that it shuts out consideration of the merits of individual cases. A blanket refusal policy amounts to fettering discretion and is unlawful. The other grounds require facts not present on these facts.

Question 5Constitutional and Administrative Law

Which statement accurately describes the royal prerogative today?

  1. It confers on the monarch personal power to invalidate Acts of Parliament
  2. It is a residual source of executive authority that can be displaced or abolished by statute Correct answer.
  3. It is a body of judge-made common law that applies only in times of war
  4. It is a form of delegated legislation made by the Privy Council

Explanation

The royal prerogative comprises residual powers, privileges and immunities historically belonging to the Crown and now largely exercised by ministers. It is recognised by the common law but can be curtailed or abolished by statute, and statute prevails over prerogative. It is not legislation and does not include a power to invalidate statutes.

Question 6Constitutional and Administrative Law

A decision-maker hears a planning appeal after having publicly campaigned against the proposed development. A challenge is brought on grounds of apparent bias. Which test will the court apply?

  1. Whether the decision-maker had a financial interest in the outcome
  2. Whether a fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility of bias Correct answer.
  3. Whether the decision-maker was actually influenced by prejudice
  4. Whether the decision-maker's conduct would be a criminal offence

Explanation

The common law test for apparent bias asks whether a fair-minded and informed observer, having considered the relevant facts, would conclude that there was a real possibility that the tribunal was biased. Actual influence need not be shown. A financial interest may be a clear case of automatic disqualification, but the general test is the fair-minded observer standard.

Question 7Constitutional and Administrative Law

Which of the following is a recognised ground on which a court may quash a decision for procedural impropriety?

  1. The decision-maker having changed their mind after further information
  2. Disagreement by the court with the merits of the decision
  3. The decision being unpopular with the local electorate
  4. Failure to observe a duty to consult affected parties as required by statute Correct answer.

Explanation

Procedural impropriety includes breach of express statutory procedural requirements and breach of the common law rules of natural justice, such as the duty to consult where required or the right to a fair hearing. Courts do not quash decisions merely because they disagree with them on the merits. Changing one's mind after proper consideration is not itself unlawful.

Question 8Constitutional and Administrative Law

In judicial review proceedings, which remedy is a mandatory order requiring a public body to perform its legal duty?

  1. Prohibition
  2. Declaration
  3. Mandamus Correct answer.
  4. Certiorari

Explanation

Mandamus is a mandatory order compelling a public body to perform a public duty. Certiorari quashes an unlawful decision, while prohibition restrains a body from acting beyond its jurisdiction. A declaration states the legal position without compelling action.

Question 9Constitutional and Administrative Law

A statutory provision states that a decision of a tribunal 'shall be final and not subject to appeal'. Which statement best reflects the courts' approach to such an ouster clause?

  1. Courts will refer all challenges to the European Court of Human Rights
  2. Courts will generally construe the clause narrowly and retain jurisdiction to review for errors going to jurisdiction and serious illegality Correct answer.
  3. Courts must give absolute effect to the clause and refuse all review
  4. Courts will treat the clause as impliedly repealing the tribunal's enabling Act

Explanation

Ouster clauses purporting to exclude judicial review are construed strictly by the courts. Jurisdiction to review for errors of law going to jurisdiction and for serious illegality is generally preserved unless Parliament uses the clearest words. The courts have consistently resisted attempts to exclude review of legality entirely.

Question 10Constitutional and Administrative Law

Which of the following best expresses the doctrine of legitimate expectation in administrative law?

  1. A public body must consult whenever it changes any internal working practice
  2. A public body may be required to honour a clear and unambiguous representation or established practice unless there is a good reason to depart from it Correct answer.
  3. A public body is bound by any promise made by an individual officer acting outside their authority
  4. A public body must always follow its published policy without exception

Explanation

A legitimate expectation may arise from a clear representation or settled practice, and fairness may require the body to honour it or at least to give the affected person an opportunity to be heard before departing from it. The expectation is not absolute and may be overridden by good reason. Promises made outside authority generally do not bind the body.

Question 11Constitutional and Administrative Law

Which constitutional convention governs the exercise of royal assent to Bills passed by Parliament?

  1. The monarch may assent only where the Bill has been approved by referendum
  2. The monarch may refuse assent where the Bill is politically controversial
  3. The monarch assents to Bills duly passed by both Houses on ministerial advice Correct answer.
  4. The monarch must refer all Bills to the Supreme Court before assent

Explanation

By constitutional convention, royal assent is given to Bills that have passed both Houses, on the advice of ministers. The monarch has not refused assent since 1708. The convention reflects the democratic basis of parliamentary sovereignty and the largely formal role of the Crown in legislation.

Question 12Constitutional and Administrative Law

An Act empowers a regulator to impose 'such conditions as it considers appropriate' on licences. The regulator imposes a condition unrelated to the statutory purpose. What is the strongest ground of challenge?

  1. The condition breaches the rule against bias
  2. The condition is ultra vires because it pursues an improper purpose outside the scope of the enabling Act Correct answer.
  3. The condition amounts to a breach of the Human Rights Act
  4. The regulator failed to provide a hearing before imposing the condition

Explanation

Discretion must be exercised for the purposes for which it was conferred. A condition that pursues an objective unrelated to the statutory scheme is ultra vires as an abuse of power. The other grounds require facts not present, such as partiality, absence of a hearing where fairness requires one, or engagement of Convention rights.

Question 13Constitutional and Administrative Law

Which case established that prerogative powers are subject to judicial review where their exercise affects rights or legitimate expectations?

  1. Anisminic Ltd v Foreign Compensation Commission
  2. Entick v Carrington
  3. Ridge v Baldwin
  4. Council of Civil Service Unions v Minister for the Civil Service (GCHQ) Correct answer.

Explanation

In the GCHQ case the House of Lords held that the exercise of prerogative powers is in principle reviewable, subject to exceptions for matters of high policy and national security. The case also helpfully categorised the grounds of review as illegality, irrationality and procedural impropriety. The other cases concern different constitutional principles.

Question 14Constitutional and Administrative Law

What is the effect of a declaration of incompatibility under section 4 of the Human Rights Act 1998?

  1. It transfers jurisdiction over the provision to the European Court of Human Rights
  2. It immediately invalidates the incompatible provision
  3. It does not affect the validity or continuing operation of the provision and leaves the choice of response to Parliament Correct answer.
  4. It requires the minister to amend the provision within 21 days

Explanation

A declaration of incompatibility signals that primary legislation is incompatible with a Convention right, but it does not invalidate the provision or bind the parties. Parliament or the minister may respond, for example by remedial order under section 10, but the legislation continues in force. This preserves parliamentary sovereignty.

Question 15Constitutional and Administrative Law

A public body makes a decision on the basis of a policy that has never been published and is unknown to those affected. What is the principal legal objection?

  1. The policy is invalid because it was not approved by Parliament
  2. The body has breached the rule against bias
  3. The body has failed to act with transparency and fairness by applying an unpublished policy Correct answer.
  4. The decision is void because it was taken by an officer rather than the full body

Explanation

Where a public body adopts a policy affecting individuals, fairness generally requires that the policy be published or made known so that those affected can make representations. Applying an unpublished policy may amount to procedural unfairness. Lack of parliamentary approval or the identity of the decision-maker is not the principal objection on these facts.

Question 16Constitutional and Administrative Law

Which statement correctly describes the relationship between the Human Rights Act 1998 and the devolution settlements?

  1. The devolved legislatures are bound by the Human Rights Act only when legislating on reserved matters
  2. The Human Rights Act applies only in England and Wales
  3. The Convention has no application to the acts of devolved ministers
  4. Devolution legislation makes Convention rights part of the competence limits of the devolved legislatures and administrations Correct answer.

Explanation

The devolution statutes, such as the Scotland Act 1998, provide that legislation incompatible with Convention rights is outside the competence of the devolved legislature, and devolved ministers may not act incompatibly. The Human Rights Act applies throughout the United Kingdom. Convention rights therefore operate as a limit on devolved competence.

Question 17Constitutional and Administrative Law

Which of the following is the correct description of the 'Wednesbury' standard of review?

  1. A decision is unlawful if the court considers a different decision would have been preferable
  2. A decision is unlawful if any relevant person disagrees with it
  3. A decision is unlawful if it is so unreasonable that no reasonable authority could ever have come to it Correct answer.
  4. A decision is unlawful if it was made without a formal hearing

Explanation

The Wednesbury test asks whether a decision is so unreasonable that no reasonable decision-maker could have reached it. It is a high threshold and does not permit the court to substitute its own view of the merits. Disagreement by affected persons or the absence of a hearing are separate matters.

Question 18Constitutional and Administrative Law

A decision-maker delegates a statutory function to a sub-committee without any express or implied power to do so. What is the likely legal consequence?

  1. The delegation is valid if the sub-committee acts reasonably
  2. The delegation is unlawful and the decision is vulnerable as ultra vires Correct answer.
  3. The delegation is valid only if the sub-committee includes a lawyer
  4. The delegation is valid because public bodies may always delegate

Explanation

The principle delegatus non potest delegare means a person entrusted with a discretion must generally exercise it personally unless the enabling statute expressly or impliedly permits delegation. Unauthorised delegation renders the resulting decision ultra vires. Reasonableness or the composition of the sub-committee does not cure the absence of power.

Question 19Constitutional and Administrative Law

Which of the following best explains the constitutional status of the Sewel convention?

  1. It is a statutory rule requiring the Scottish Parliament's consent before any UK legislation
  2. It is a prerogative power exercisable by the monarch
  3. It is a rule of international law binding on the United Kingdom
  4. It is a political convention that Parliament will not normally legislate on devolved matters without the consent of the devolved legislature Correct answer.

Explanation

The Sewel convention provides that the UK Parliament will not normally legislate with regard to devolved matters without the consent of the devolved legislature. It was recognised in statute in the Scotland Act 2016 and Wales Act 2017 but remains a political convention, not a legally enforceable condition. Courts have declined to treat it as justiciable in the ordinary sense.

Question 20Constitutional and Administrative Law

What does the principle of open justice require in the context of administrative tribunals?

  1. Tribunal decisions must be approved by a minister before publication
  2. Proceedings and decisions should generally be public unless there are compelling reasons for confidentiality Correct answer.
  3. All hearings must be held in private to protect the parties
  4. Only the parties may see the tribunal's reasons

Explanation

Open justice is a fundamental common law principle requiring that courts and tribunals administer justice publicly and that judgments be publicly available. Exceptions must be justified by compelling countervailing interests, such as national security or the protection of children. Secrecy is the exception, not the rule.

Question 21Constitutional and Administrative Law

An authority refuses a licence without giving any reasons, although the statute is silent on reasons. When might the court nonetheless find a breach of procedural fairness?

  1. Where the applicant requests reasons, since a request always creates a duty
  2. Where the decision has serious consequences for the applicant and the interests of fairness require reasons to be given Correct answer.
  3. Where the decision-maker is a local authority rather than a minister
  4. Where the applicant has engaged a solicitor

Explanation

There is no general common law duty to give reasons, but fairness may require reasons where a decision has a significant impact on an individual's rights or interests, or where the decision appears aberrant. The court assesses the circumstances rather than applying an automatic rule. A mere request does not by itself create the duty.

Question 22Constitutional and Administrative Law

Which of the following correctly describes the 'ultra vires' doctrine in the context of local government?

  1. A local authority may act whenever the Secretary of State informally approves
  2. A local authority may act whenever its actions are popular locally
  3. A local authority may do anything that a natural person may do
  4. A local authority may do only what it is authorised to do by statute or by powers necessarily incidental to its statutory functions Correct answer.

Explanation

Local authorities are statutory creatures and may exercise only powers conferred by statute, together with powers reasonably incidental to those functions. General powers such as section 1 of the Localism Act 2011 have widened their capacity, but the starting point remains that authority must be found in law. Popularity or informal approval does not confer power.

Question 23Constitutional and Administrative Law

In relation to standing to bring judicial review, which statement reflects the current approach?

  1. Only the Attorney General may bring judicial review proceedings
  2. The court considers whether the claimant has a sufficient interest in the matter to which the application relates Correct answer.
  3. A claimant must show a direct financial loss in every case
  4. Any person may bring proceedings without showing any interest

Explanation

Section 31(3) of the Senior Courts Act 1981 requires the court to refuse leave unless it considers the applicant has a sufficient interest in the matter. The test is flexible and generous, and public interest groups may have standing where the issue affects their members or objects. Financial loss is not a universal requirement.

Question 24Constitutional and Administrative Law

Which of the following is an example of a 'public function' that may attract judicial review even when performed by a private body?

  1. A private company running a prison under contract with the state Correct answer.
  2. A private members' club disciplining its members
  3. A commercial landlord evicting a tenant under a lease
  4. A family making decisions about household finances

Explanation

Judicial review may extend to bodies performing public functions, even if privately owned, where the function is governmental in nature. Contracted-out prison management is a classic example. Purely private relationships, such as a members' club, family finances or a commercial lease, generally fall outside the public law sphere.

Question 25Criminal Law and Procedure

Which mental element must the prosecution prove for a defendant to be convicted of murder in most common law jurisdictions?

  1. Negligence in failing to foresee death
  2. Intention to kill or to cause grievous bodily harm Correct answer.
  3. Recklessness as to a risk of death
  4. Malice in the everyday sense of ill will

Explanation

The fault element for murder is an intention to kill or to cause really serious bodily harm; foresight of a risk falling short of intention is insufficient. Ill will or motive is irrelevant to liability, and negligence never supports a murder conviction.

Question 26Criminal Law and Procedure

A defendant is charged with theft. Which combination of elements must the prosecution establish?

  1. Deception of another person resulting in a transfer of property
  2. Unauthorised use of property without any intention to keep it
  3. Violent taking of property from a person by force or threat
  4. Dishonest appropriation of property belonging to another with intent permanently to deprive Correct answer.

Explanation

Theft requires a dishonest appropriation of property belonging to another with an intention permanently to deprive. Force or threats point to robbery, deception points to fraud, and mere unauthorised use without intent to deprive is not theft.

Question 27Criminal Law and Procedure

In a trial on indictment, which standard must the prosecution satisfy in order to secure a conviction?

  1. On the balance of probabilities
  2. Beyond reasonable doubt Correct answer.
  3. To a prima facie standard only
  4. On a preponderance of the credible evidence

Explanation

The prosecution bears the legal burden of proving every element of the offence beyond reasonable doubt. The balance of probabilities applies to the defence when it bears a burden, and a prima facie case merely sends the matter to the jury.

Question 28Criminal Law and Procedure

A police officer wishes to arrest a suspect without a warrant for an offence. Which condition is essential for the arrest to be lawful?

  1. A prior written statement from an identifiable eyewitness
  2. Reasonable grounds to suspect the person has committed or is committing the offence Correct answer.
  3. Approval from the prosecutor before any arrest occurs
  4. A formal caution administered before the arrest is made

Explanation

A lawful warrantless arrest requires reasonable grounds for suspicion that the person has committed, is committing, or is about to commit an offence. Corroboration, prior prosecutorial approval, and a caution before arrest are not legal prerequisites.

Question 29Criminal Law and Procedure

Which of the following best describes the actus reus of an offence?

  1. The state of mind with which the defendant acted
  2. The defence that excuses the defendant from liability
  3. The external conduct, circumstances, and consequences prohibited by the offence Correct answer.
  4. The causal link between the defendant's motive and the harm

Explanation

The actus reus comprises the external elements of the offence: conduct, surrounding circumstances, and any required result. Mens rea is the mental element, and defences are separate from the definition of the offence.

Question 30Criminal Law and Procedure

A defendant is charged with assault occasioning actual bodily harm. What must the prosecution prove about the harm suffered?

  1. Permanent disfigurement of the victim
  2. An injury that is more than transient or trifling Correct answer.
  3. Grievous bodily harm of a really serious nature
  4. A wound involving a break in the skin

Explanation

Actual bodily harm means any hurt or injury calculated to interfere with health or comfort, provided it is more than merely transient or trifling. Wounding and really serious harm belong to more serious offences.

Question 31Criminal Law and Procedure

Which statement accurately describes the general common law rule on intoxication as a defence?

  1. Involuntary intoxication never affects criminal liability
  2. Voluntary intoxication may negate specific intent but generally not basic intent Correct answer.
  3. Voluntary intoxication is a complete defence to every criminal charge
  4. Intoxication is a defence only where the defendant was addicted to the substance

Explanation

Voluntary intoxication may negate the mens rea of specific intent offences but is no defence to crimes of basic intent. Involuntary intoxication can in principle negate mens rea, and addiction is not the governing test.

Question 32Criminal Law and Procedure

A man punches a victim who falls, strikes his head on the kerb, and dies. Which test determines whether the punch caused the death?

  1. Whether the victim had a pre-existing medical condition
  2. Whether the punch was the only cause of death
  3. Whether the defendant foresaw that death would result
  4. Whether the punch was an operating and substantial cause of death Correct answer.

Explanation

Causation requires the defendant's conduct to be an operating and substantial cause of the result; it need not be the sole cause. Foresight of death is a mens rea question, and pre-existing conditions do not automatically break the chain.

Question 33Criminal Law and Procedure

A defendant takes a coat from a shop intending to return it after the event. He is charged with theft. What is the strongest argument against conviction?

  1. The coat was displayed for sale to the public
  2. He did not use force or threats against any person
  3. He lacked an intention permanently to deprive the owner Correct answer.
  4. The shop had not yet suffered any financial loss

Explanation

Theft requires an intention permanently to deprive, so a genuine intention to return the item negates that element. Display for sale, absence of force, and absence of loss do not displace the mental element of theft.

Question 34Criminal Law and Procedure

A defendant is charged with robbery. Which element distinguishes robbery from theft?

  1. The use or threat of force immediately before or at the time of stealing Correct answer.
  2. The dishonesty of the defendant's conduct
  3. The intention permanently to deprive the owner
  4. The taking of property belonging to another

Explanation

Robbery is theft aggravated by the use or threat of force, used in order to steal, immediately before or at the time of the theft. The other listed matters are elements common to theft itself.

Question 35Criminal Law and Procedure

A homeowner uses force against an intruder in the honest belief that the intruder is armed. The belief is mistaken but genuinely held. How is the defence of self-defence assessed?

  1. On whether the force used was proportionate to the actual danger
  2. On the actual facts, ignoring the defendant's belief
  3. On the facts as a reasonable person would have perceived them
  4. On the facts as the defendant honestly believed them to be Correct answer.

Explanation

Where the defendant genuinely and honestly believes in the need for force, the defence is judged on the facts as he believed them, although the force used must still be reasonable in light of that belief. The belief need not be reasonable, only honest.

Question 36Criminal Law and Procedure

A defendant is charged with murder and wishes to rely on loss of control. Which requirement must be satisfied?

  1. The defendant was provoked only by words and not by conduct
  2. The loss of control had a qualifying trigger and would be treated as such by a person of the defendant's age and sex of ordinary tolerance Correct answer.
  3. The defendant planned the killing carefully in advance
  4. The defendant's reaction was proportionate to the provocation

Explanation

The loss of control defence requires a loss of self-control, a qualifying trigger, and an objective assessment that a person of the defendant's age and sex with ordinary powers of tolerance might have reacted similarly. Planning tends to undermine the defence, and there is no separate proportionate-reaction requirement.

Question 37Criminal Law and Procedure

A defendant is charged with burglary. Which set of facts describes burglary under the standard formulation?

  1. Taking property from a person by force in the street
  2. Remaining in a public place with intent to commit an offence
  3. Entering a building as a trespasser with intent to commit theft or causing grievous bodily harm Correct answer.
  4. Entering a shop during opening hours with intent to purchase goods

Explanation

Burglary involves entering a building or part of a building as a trespasser with intent to commit theft, grievous bodily harm, or criminal damage. Remaining as a trespasser and then committing such an offence also suffices.

Question 38Criminal Law and Procedure

A police officer questions a suspect who has not been cautioned. What is the principal legal significance of the omission?

  1. The answers are automatically inadmissible in every case
  2. The answers may be excluded in the court's discretion if admitting them would be unfair Correct answer.
  3. The officer commits a criminal offence by omitting the caution
  4. The suspect is automatically acquitted of the charge

Explanation

Failure to caution does not automatically render answers inadmissible; the court retains a discretion to exclude evidence whose admission would have an unfair effect on the proceedings. Automatic acquittal and criminal liability for the officer do not follow.

Question 39Criminal Law and Procedure

A defendant is charged with fraud by false representation. Which element is essential?

  1. A written contract between the parties
  2. The use of force or threats against the victim
  3. A representation that is false and that the defendant knows is untrue or misleading Correct answer.
  4. A gain or loss that has actually occurred

Explanation

Fraud by false representation requires a representation that is false, made dishonestly, with knowledge that it is untrue or misleading, and with intent to make a gain or cause a loss. Actual gain or loss need not occur.

Question 40Criminal Law and Procedure

A defendant is charged with an attempt to commit an offence. Which requirement must the prosecution prove?

  1. The completed offence was actually committed
  2. The defendant's conduct was merely preparatory
  3. An act that is more than merely preparatory to the commission of the offence Correct answer.
  4. The defendant abandoned the plan before any act

Explanation

An attempt requires an act more than merely preparatory to the commission of the intended offence, coupled with the intent to commit it. The completed offence need not occur, and abandonment before any substantial step may negate liability.

Question 41Criminal Law and Procedure

A defendant is charged with murder. She was suffering from a recognised medical condition that substantially impaired her ability to understand her conduct. Which partial defence may reduce the conviction to manslaughter?

  1. Automatism
  2. Necessity
  3. Duress
  4. Diminished responsibility Correct answer.

Explanation

Diminished responsibility reduces murder to manslaughter where a recognised medical condition substantially impaired the defendant's ability to understand the nature of her conduct or to exercise self-control. Automatism, duress, and necessity are complete defences or negate liability rather than partial defences to murder.

Question 42Criminal Law and Procedure

A defendant is charged with conspiracy. Which mental element must be proved regarding the offence agreed upon?

  1. Recklessness as to whether the conduct would occur
  2. Mere knowledge that others intended the conduct
  3. Negligence in failing to appreciate the plan
  4. An intention to carry out the agreed course of conduct Correct answer.

Explanation

Conspiracy requires an agreement between two or more persons to pursue a course of conduct that will necessarily amount to an offence, coupled with an intention that the conduct be carried out. Recklessness, negligence, and mere knowledge do not suffice.

Question 43Criminal Law and Procedure

A defendant is charged with murder and wishes to rely on duress of threats. Which limitation applies?

  1. Duress is available to murder if the defendant acted quickly
  2. Duress is not generally available as a defence to murder Correct answer.
  3. Duress is available only where the threat was to property
  4. Duress is available to murder if the threat was serious

Explanation

Duress is generally not available as a defence to murder, attempted murder, or treason involving the death of the sovereign. The gravity of the threat or the speed of the defendant's reaction does not open the defence to murder.

Question 44Criminal Law and Procedure

A defendant is charged with gross negligence manslaughter. Which element is essential?

  1. Recklessness as to any harm, however slight
  2. A serious and obvious risk of death arising from a breach of duty Correct answer.
  3. A dishonest failure to act
  4. An intention to cause serious bodily harm

Explanation

Gross negligence manslaughter requires a duty of care, a breach of that duty causing death, and a risk of death that would be obvious to a reasonable person, with conduct serious enough to be criminal. Intention to harm and dishonesty are not elements.

Question 45Criminal Law and Procedure

A defendant is charged with theft of a sum of money. He argues that he believed he had a legal right to the money. How does this belief affect dishonesty?

  1. An unreasonable belief can never negate dishonesty
  2. The belief is irrelevant because theft is a strict liability offence
  3. The belief is relevant only if it is supported by legal advice
  4. A genuine belief in a legal right may negate dishonesty even if the belief is unreasonable Correct answer.

Explanation

Dishonesty requires an assessment of the defendant's knowledge or belief as to the facts; a genuine belief in a legal right, even if mistaken or unreasonable, may negate dishonesty. Theft is not a strict liability offence, and legal advice is not a condition.

Question 46Criminal Law and Procedure

A defendant is charged with murder and argues that the victim's refusal of medical treatment broke the chain of causation. How is this argument assessed?

  1. The refusal breaks the chain if the victim was in pain
  2. Any refusal of treatment automatically breaks the chain
  3. Only a refusal supported by a doctor breaks the chain
  4. A competent adult's refusal of treatment does not generally break the chain of causation Correct answer.

Explanation

Where the victim is a competent adult, a refusal of medical treatment is generally treated as a voluntary act that does not break the causal chain, so the original attacker remains liable. The refusal need not be medically endorsed or motivated by pain.

Question 47Criminal Law and Procedure

A defendant is charged with assault. Which statement best describes the actus reus?

  1. Causing the victim to apprehend immediate unlawful personal violence Correct answer.
  2. Threatening future violence in general terms
  3. Using force in the defence of another person
  4. Applying unlawful force to the victim without consent

Explanation

Assault is committed where the defendant causes the victim to apprehend immediate unlawful personal violence, whether by words or conduct. Battery involves the application of unlawful force, and future or general threats do not suffice.

Question 48Criminal Law and Procedure

A defendant is charged with handling stolen goods. Which mental element is required?

  1. Negligence in failing to check the goods' origin
  2. Suspicion that the goods might be stolen
  3. Recklessness as to whether the goods were stolen
  4. Knowledge or belief that the goods were stolen Correct answer.

Explanation

Handling requires knowledge or belief that the goods are stolen; suspicion falling short of belief is insufficient. Negligence and mere recklessness do not meet the mental element.

Question 49Law of Contract and Commercial Transactions

Which of the following best describes the requirement of consideration in a simple contract?

  1. The parties must record their agreement in a written document signed by both sides.
  2. The promisor must intend the promise to be legally binding on both parties.
  3. The promisee must provide something of value in return for the promisor's promise. Correct answer.
  4. The agreement must concern a commercial rather than a domestic matter.

Explanation

Consideration is the price for which a promise is bought: the promisee must give or promise something of value in exchange for the promisor's promise. It is a separate requirement from intention to create legal relations, formality and the subject matter of the agreement, each of which is tested independently.

Question 50Law of Contract and Commercial Transactions

A offers to sell B a bicycle for $500 and states that the offer will remain open until Friday. On Wednesday A sells the bicycle to C. Which statement best reflects the legal position?

  1. A cannot revoke the offer unless B is first given a reasonable opportunity to accept.
  2. A's promise to keep the offer open binds A because the offer stated a deadline.
  3. A may revoke the offer at any time before B accepts it, since B gave nothing for the promise to keep it open. Correct answer.
  4. A's sale to C automatically transfers the offer to C as the new owner of the bicycle.

Explanation

A promise to keep an offer open is binding only if supported by consideration or made by deed. In the absence of such support, the offeror may revoke at any time before acceptance, even if a deadline was stated. The revocation must be communicated to the offeree to be effective.