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Gambia Bar Finals practice questions

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Question 1Criminal Procedure and Evidence

Under the Criminal Procedure Code of The Gambia, which court may try a person charged with an offence punishable by death?

  1. The District Tribunal
  2. The High Court Correct answer.
  3. The Magistrates' Court
  4. The Court of Appeal

Explanation

Capital offences are tried on indictment before the High Court, which has original jurisdiction in the most serious criminal matters. Magistrates' courts and district tribunals are limited to the offences and sentencing powers conferred on them by statute. The Court of Appeal hears appeals rather than trying capital charges at first instance.

Question 2Criminal Procedure and Evidence

In Gambian criminal practice, a person arrested without a warrant must generally be brought before a court within what period?

  1. No fixed period, at the police's discretion
  2. Seventy-two hours or as soon as reasonably practicable Correct answer.
  3. Three months
  4. Twenty-eight days

Explanation

The Constitution and the Criminal Procedure Code require that an arrested person be brought before a court within seventy-two hours or as soon as reasonably practicable thereafter. Detention beyond that period without judicial authorization is unlawful. This safeguard gives effect to the constitutional right to liberty.

Question 3Criminal Procedure and Evidence

Which standard of proof must the prosecution satisfy in a criminal trial in The Gambia?

  1. Beyond reasonable doubt Correct answer.
  2. On the balance of probabilities
  3. By clear and convincing evidence
  4. On a prima facie basis only

Explanation

The prosecution bears the burden of proving every element of the offence beyond reasonable doubt. This standard reflects the presumption of innocence guaranteed by the Constitution. Any residual doubt must be resolved in favour of the accused.

Question 4Criminal Procedure and Evidence

A police officer wishes to search a private dwelling for stolen goods without the occupier's consent. What is the proper course?

  1. Ask a neighbour to authorize entry
  2. Search immediately on the officer's own suspicion
  3. Obtain a search warrant from a court or authorized judicial officer Correct answer.
  4. Rely on the officer's rank to dispense with authorization

Explanation

Entry and search of private premises generally require a warrant issued by a court or authorized judicial officer on sworn information. Warrantless searches are exceptional and must fall within a recognized statutory or constitutional exception. Unauthorized entry renders the search unlawful and may lead to exclusion of evidence.

Question 5Criminal Procedure and Evidence

In a trial before the High Court, who decides whether a confession allegedly obtained by force is admissible?

  1. The investigating officer who recorded the statement
  2. The judge, in a trial within a trial in the absence of the assessors Correct answer.
  3. The assessors, after hearing all the evidence
  4. The prosecutor, at the close of the prosecution case

Explanation

Where the voluntariness of a confession is challenged, the judge conducts a trial within a trial to determine admissibility as a matter of law. The assessors are excluded during that inquiry so that the evidence does not prejudice their view of the facts. If the confession is ruled involuntary, it is excluded.

Question 6Criminal Procedure and Evidence

Which of the following best describes the effect of the constitutional presumption of innocence on the burden of proof?

  1. The prosecution must disprove the defence raised by the accused beyond reasonable doubt Correct answer.
  2. The accused must prove his innocence on the balance of probabilities
  3. The accused must give evidence in his own defence
  4. The burden shifts to the accused once the prosecution establishes a prima facie case

Explanation

The presumption of innocence places the persuasive burden on the prosecution throughout the trial. Even where the accused raises a defence such as alibi or self-defence, the prosecution must negate it beyond reasonable doubt. The accused bears only an evidential burden to raise the issue.

Question 7Criminal Procedure and Evidence

An accused is charged with murder. Which court conducts the committal proceedings before the case is sent to the High Court?

  1. The Magistrates' Court Correct answer.
  2. The Supreme Court
  3. The Court of Appeal
  4. The Cadi Court

Explanation

Committal proceedings are held in the Magistrates' Court, which considers whether there is sufficient evidence to send the accused for trial in the High Court. The magistrate does not determine guilt at this stage. The High Court then tries the case on indictment.

Question 8Criminal Procedure and Evidence

At trial, the prosecution seeks to rely on a statement made by the accused to a police officer during investigation. What must the prosecution establish before the statement is admitted?

  1. That the statement was made in the presence of a lawyer
  2. That the statement was recorded in writing by a senior officer
  3. That the accused was warned that it could be used against him
  4. That the statement was made voluntarily and without inducement, threat or promise Correct answer.

Explanation

The admissibility of a confession depends on it being voluntary, meaning it was not obtained by inducement, threat, or promise from a person in authority. Procedural safeguards such as recording and cautions are relevant but do not substitute for voluntariness. If the voluntariness is challenged, the judge determines the issue.

Question 9Criminal Procedure and Evidence

The accused raises an alibi for the first time at trial. How should the court treat it?

  1. Reject it outright because it was not raised earlier
  2. Treat it as an admission of guilt
  3. Consider it, though the lateness may affect the weight given to it Correct answer.
  4. Adjourn the trial and order a fresh investigation

Explanation

An alibi raised late is still admissible, but the court may draw adverse inferences about its credibility from the delay. The prosecution must still disprove the alibi beyond reasonable doubt. The court is not obliged to adjourn merely because a defence is raised late.

Question 10Criminal Procedure and Evidence

Which of the following is a valid ground on which a court may exclude evidence obtained by an unlawful search?

  1. The evidence was discovered by chance
  2. The evidence was obtained in violation of the constitutional right to privacy and its admission would render the trial unfair Correct answer.
  3. The evidence is highly probative of guilt
  4. The evidence was found in a public place

Explanation

Gambian courts may exclude evidence obtained in breach of constitutional safeguards where admitting it would render the trial unfair. The test is not merely whether the evidence is reliable or probative. Evidence found in a public place or by chance is generally admissible.

Question 11Criminal Procedure and Evidence

A witness who is the spouse of the accused is called by the prosecution in a trial for assault. What is the general position on spousal competence and compellability?

  1. A spouse is generally competent but not compellable for the prosecution in most offences Correct answer.
  2. A spouse is always compellable for the prosecution
  3. A spouse may testify only if the accused consents in writing
  4. A spouse is never competent to testify

Explanation

At common law, a spouse is generally a competent witness but is not compellable to testify for the prosecution except in specified offences such as those involving violence against the spouse or a child. The rule protects marital confidences while allowing the spouse to testify voluntarily. It does not require the accused's written consent.

Question 12Criminal Procedure and Evidence

In a criminal trial, what is the effect of a child of tender years giving unsworn evidence after the court is satisfied of the child's understanding of the duty to tell the truth?

  1. The evidence is inadmissible because the child was not sworn
  2. The evidence is admissible only if corroborated by two witnesses
  3. The evidence is conclusive proof of the facts stated
  4. The evidence is admissible but the court should warn itself of the danger of acting on it without corroboration Correct answer.

Explanation

A child of tender years who understands the duty to speak the truth may give unsworn evidence. The court must, however, treat it with caution and warn itself of the risk of acting on it without corroboration. Corroboration is not a strict legal requirement for conviction.

Question 13Criminal Procedure and Evidence

Which of the following statements about the right to silence of an accused person in The Gambia is correct?

  1. The accused forfeits the right to silence once charged
  2. The accused must answer questions put by the police
  3. The accused may remain silent and the court may draw adverse inferences only where the law permits Correct answer.
  4. Silence always amounts to an admission of guilt

Explanation

The right to silence is protected by the Constitution and the accused cannot be compelled to answer questions. Adverse inferences may be drawn only where a statute expressly permits it. Silence alone does not amount to an admission of guilt.

Question 14Criminal Procedure and Evidence

When may a court order the taking of an accused's fingerprints without consent?

  1. Only if the accused is represented by counsel
  2. Only with the written consent of the accused
  3. Where the accused is arrested on a charge and the taking is authorized by law Correct answer.
  4. Only after conviction

Explanation

The Criminal Procedure Code permits the taking of fingerprints and other identifying marks of an arrested person in accordance with statutory safeguards. Consent is not required where the statutory power applies. The taking of such evidence is not dependent on conviction or representation.

Question 15Criminal Procedure and Evidence

A defendant is charged with theft. The prosecution seeks to adduce evidence of the defendant's previous convictions for dishonesty. What is the general rule?

  1. Such evidence is admissible only if the defendant gives evidence
  2. Such evidence is always admissible to show propensity
  3. Such evidence is generally inadmissible unless it is relevant to an issue in the case or falls within an exception Correct answer.
  4. Such evidence is admissible if the defendant denies the charge

Explanation

Evidence of bad character is generally excluded because it may unfairly prejudice the jury or assessors. It is admitted where it is relevant to a specific issue in the case or falls within a statutory or common law exception. Denial of the charge is not a gateway to admitting previous convictions.

Question 16Criminal Procedure and Evidence

Which of the following is a valid ground of appeal against conviction to the Court of Appeal in The Gambia?

  1. That the trial was held in a courthouse the appellant considers inconvenient
  2. That the appellant dislikes the sentence imposed
  3. That the appellant's family disagrees with the verdict
  4. That the conviction is unsafe or unsatisfactory having regard to the evidence Correct answer.

Explanation

An appeal lies against conviction on grounds that the verdict is unsafe or unsatisfactory, or that there was an error of law or procedure. Dissatisfaction with the sentence is a matter for a separate sentence appeal, not a ground for quashing conviction. Matters of personal preference are not legal grounds.

Question 17Criminal Procedure and Evidence

In a criminal trial, the defence calls a witness who gives evidence that supports the alibi. What is the role of the assessors in the High Court?

  1. To decide whether the prosecution may call rebuttal evidence
  2. To impose sentence independently of the judge
  3. To determine questions of law
  4. To give an opinion on the facts, which the judge may adopt or reject Correct answer.

Explanation

Assessors in the High Court sit to assist the judge by giving opinions on the facts. The judge is not bound by their opinions and remains responsible for the verdict and sentence. Questions of law and procedure are for the judge alone.

Question 18Criminal Procedure and Evidence

The prosecution wishes to adduce evidence of a witness's previous statement to police to contradict the witness's testimony in court. What is the proper procedure?

  1. The statement cannot be used at all
  2. The statement may be produced only after the witness has left the court
  3. The witness may be cross-examined on the previous statement and, if the court permits, the statement may be shown to the witness Correct answer.
  4. The statement is automatically admissible as substantive evidence

Explanation

Where a witness's testimony is inconsistent with a previous statement, the witness may be cross-examined on it and, with the court's leave, the statement may be shown to the witness. The statement is generally used to impeach credibility rather than as proof of its contents. It is not automatically substantive evidence.

Question 19Criminal Procedure and Evidence

What is the effect of a nolle prosequi entered by the Attorney General in a criminal case?

  1. It amounts to an acquittal on the merits
  2. It terminates the proceedings, but the accused may be re-charged in accordance with law Correct answer.
  3. It bars any future prosecution absolutely
  4. It converts the charge into a civil claim

Explanation

A nolle prosequi brings the current proceedings to an end without a determination on the merits. It does not operate as an acquittal and does not create an absolute bar to future prosecution. Re-charging is subject to the law and to constitutional safeguards against abuse.

Question 20Criminal Procedure and Evidence

Which of the following best describes the doctrine of autrefois acquit?

  1. A person may be retried after a nolle prosequi
  2. A person acquitted of an offence cannot be tried again for the same offence Correct answer.
  3. A person convicted of an offence cannot appeal
  4. A person may be tried twice for the same offence if new evidence emerges

Explanation

Autrefois acquit is a plea in bar preventing a second trial for the same offence after an acquittal. It gives effect to the constitutional protection against double jeopardy. A retrial is not permitted merely because fresh evidence emerges.

Question 21Criminal Procedure and Evidence

A suspect is arrested and kept in police custody for ten days without being brought before a court. What is the most appropriate legal challenge?

  1. A civil claim for defamation
  2. An appeal to the Court of Appeal against conviction
  3. A request to the prosecutor to extend custody
  4. An application for habeas corpus and a constitutional challenge to the unlawful detention Correct answer.

Explanation

Detention beyond the constitutional limit without judicial authorization is unlawful and may be challenged by habeas corpus and constitutional motion. The court can order release or other appropriate relief. An appeal against conviction is not available where there has been no trial.

Question 22Criminal Procedure and Evidence

In a criminal trial, the prosecution fails to disclose material evidence favourable to the defence. What is the consequence?

  1. The failure is irrelevant unless the accused requests it
  2. The conviction stands because disclosure is a matter of prosecutorial discretion
  3. The court may order disclosure and, where the failure renders the trial unfair, quash the conviction Correct answer.
  4. The defence must obtain the evidence itself

Explanation

The prosecution has a duty to disclose material evidence that may assist the defence. A failure to disclose may render the trial unfair and can lead to the conviction being quashed on appeal. The duty exists independently of a request by the defence.

Question 23Criminal Procedure and Evidence

Which of the following statements about the admissibility of hearsay evidence in Gambian criminal proceedings is correct?

  1. Hearsay is generally inadmissible, subject to recognized exceptions Correct answer.
  2. Hearsay is always admissible if the maker is unavailable
  3. Hearsay is admissible only in civil cases
  4. Hearsay is admissible only if it is in writing

Explanation

The general rule is that hearsay evidence is inadmissible because it cannot be tested by cross-examination. Statutory and common law exceptions permit its admission in defined circumstances. The mere unavailability of the maker does not automatically make hearsay admissible.

Question 24Criminal Procedure and Evidence

A defendant pleads not guilty but later absconds during trial. What is the general position on proceeding in the defendant's absence?

  1. The court must permanently stay the proceedings
  2. The court must always proceed regardless of fairness
  3. The court has a discretion to proceed where the defendant has voluntarily absented himself, but must act fairly Correct answer.
  4. The court must always acquit the defendant

Explanation

The court may proceed in the absence of a defendant who has voluntarily absconded, but the discretion must be exercised fairly and with regard to the interests of justice. The court is not obliged to acquit or to stay proceedings permanently. Fairness remains the guiding principle.

Question 25Civil Procedure (High Court and subordinate courts)

Under the High Court Civil Procedure Rules applicable in The Gambia, a plaintiff who wishes to commence an action by writ of summons must ordinarily ensure the writ is served on the defendant within how long after its issuance before it lapses?

  1. Three months
  2. Six months
  3. Twelve months Correct answer.
  4. Twenty-one days

Explanation

A writ of summons is generally valid for service for twelve months from the date of issuance, after which it must be renewed before service can validly be effected. Service outside that period without renewal is irregular and can be set aside.

Question 26Civil Procedure (High Court and subordinate courts)

A defendant who has been served with a writ of summons endorsed with a claim for a liquidated sum wishes to contest the claim. What is the ordinary first procedural step?

  1. File a counterclaim before entering any appearance
  2. File a statement of defence immediately without any prior step
  3. Apply for summary judgment against the plaintiff
  4. Enter an appearance and then file a defence within the prescribed time Correct answer.

Explanation

The defendant must first enter an appearance within the time limited by the writ, and thereafter deliver a defence within the period fixed by the rules. Filing a defence without entering appearance is premature, and a counterclaim does not substitute for appearance.

Question 27Civil Procedure (High Court and subordinate courts)

In the High Court, which document ordinarily sets out the material facts on which a party relies and is served together with or shortly after the writ?

  1. The notice of intention to defend
  2. The affidavit of service
  3. The statement of claim Correct answer.
  4. The subpoena

Explanation

The statement of claim is the pleading that sets out the material facts constituting the cause of action and the relief sought. It is ordinarily served with the writ or within the time prescribed after service of the writ.

Question 28Civil Procedure (High Court and subordinate courts)

A party in the High Court wishes to amend its statement of claim after the close of pleadings but before trial. Which statement best reflects the governing principle?

  1. Amendment may be allowed on such terms as to costs and adjournment as are just, provided it does not cause prejudice that cannot be compensated Correct answer.
  2. Amendment is never permitted once a defence has been filed
  3. Amendment is a matter of right at any stage and requires no leave
  4. Amendment requires the consent of the Attorney General

Explanation

The court has a discretion to permit amendments so that the real issues are determined, usually on terms as to costs and adjournment to cure prejudice. The overriding aim is to avoid injustice while protecting the opposing party.

Question 29Civil Procedure (High Court and subordinate courts)

A plaintiff applies for default judgment where the defendant has failed to enter an appearance. In respect of a claim for unliquidated damages, what is the correct procedural position?

  1. Default judgment is unavailable in any unliquidated claim
  2. Judgment may be entered for damages to be assessed by the court Correct answer.
  3. Judgment may be entered for a sum determined by the plaintiff's own assessment without further process
  4. The plaintiff must discontinue and recommence the action

Explanation

Where the claim is unliquidated, default judgment is ordinarily entered for damages to be assessed rather than for a fixed sum. The quantum is later determined by the court on evidence.

Question 30Civil Procedure (High Court and subordinate courts)

A defendant believes the statement of claim discloses no reasonable cause of action and wishes to dispose of the action without a full trial. Which procedural route is most appropriate?

  1. An application for a witness summons
  2. An application to strike out the claim as disclosing no reasonable cause of action Correct answer.
  3. An application for a stay of proceedings pending arbitration
  4. An application to tax the plaintiff's bill of costs

Explanation

Striking out is the recognised summary route where a pleading discloses no reasonable cause of action, is scandalous, or is otherwise an abuse of process. It is determined on the basis of the pleadings without a full trial of the merits.

Question 31Civil Procedure (High Court and subordinate courts)

Which of the following is generally treated as a final rather than an interlocutory decision for purposes of appeal in civil proceedings?

  1. An order for discovery of documents
  2. An order permitting amendment of a defence
  3. An order dismissing the plaintiff's action after a trial on the merits Correct answer.
  4. An order granting an adjournment

Explanation

A decision is final where it determines the rights of the parties conclusively, as where the action is dismissed after trial. Interlocutory orders regulate procedure and do not finally determine the substantive rights.

Question 32Civil Procedure (High Court and subordinate courts)

A party in the High Court seeks an interim injunction to preserve the status quo pending trial. Which requirement is central to the court's exercise of discretion?

  1. The applicant must first obtain judgment on the merits
  2. The applicant must prove the claim beyond reasonable doubt
  3. The applicant must show the respondent has been convicted of a criminal offence
  4. The applicant must show a serious question to be tried and that the balance of convenience favours the grant Correct answer.

Explanation

Interim injunctive relief turns on whether there is a serious question to be tried and whether the balance of convenience and risk of injustice favour preservation of the status quo. Damages must also be an adequate remedy consideration, often secured by an undertaking.

Question 33Civil Procedure (High Court and subordinate courts)

In subordinate courts in The Gambia, which statute principally governs the civil jurisdiction and procedure of the district tribunals and subordinate courts?

  1. The Criminal Procedure Code
  2. The Evidence Act
  3. The High Court Act
  4. The Subordinate Courts Act Correct answer.

Explanation

The Subordinate Courts Act establishes and regulates the civil and criminal jurisdiction of the subordinate courts, including their procedural powers. The High Court Act governs the High Court, while the Criminal Procedure Code and Evidence Act address other matters.

Question 34Civil Procedure (High Court and subordinate courts)

A plaintiff wishes to sue in a subordinate court for a monetary claim. Which factor most directly determines whether the subordinate court has jurisdiction to entertain the claim?

  1. The nationality of the defendant
  2. The residence of the plaintiff's counsel
  3. The number of witnesses the plaintiff intends to call
  4. The monetary limit prescribed for that grade of court Correct answer.

Explanation

Subordinate courts exercise civil jurisdiction subject to pecuniary limits fixed by statute for each grade of court. A claim exceeding the prescribed limit must be brought in a court with the requisite jurisdiction.

Question 35Civil Procedure (High Court and subordinate courts)

Where a defendant fails to appear in a subordinate court action and the claim is for a liquidated sum within the court's jurisdiction, what may the court ordinarily do?

  1. Order the plaintiff to pay the defendant's costs
  2. Enter judgment for the plaintiff upon proof of service and of the claim Correct answer.
  3. Transfer the case to the High Court as of right
  4. Dismiss the claim automatically for want of prosecution

Explanation

On proof of service and of the liquidated claim, the subordinate court may enter judgment in default of appearance. The court must be satisfied that service was properly effected before proceeding.

Question 36Civil Procedure (High Court and subordinate courts)

A party is dissatisfied with a decision of a subordinate court and wishes to appeal. To which court does an appeal from a subordinate court ordinarily lie?

  1. The High Court Correct answer.
  2. The Supreme Court in the first instance
  3. A district tribunal of equal grade
  4. The Court of Appeal

Explanation

Appeals from subordinate courts ordinarily lie to the High Court, which exercises appellate supervision over them. Further appeal may lie to the Court of Appeal, but not as the first appellate step.

Question 37Civil Procedure (High Court and subordinate courts)

A judgment creditor wishes to enforce a money judgment of the High Court. Which of the following is a recognised method of execution?

  1. Writ of certiorari
  2. Writ of habeas corpus
  3. Writ of fieri facias Correct answer.
  4. Writ of prohibition

Explanation

A writ of fieri facias commands the sheriff or bailiff to seize and sell the judgment debtor's goods to satisfy the judgment debt. Habeas corpus, certiorari, and prohibition are prerogative remedies concerned with liberty and the control of inferior tribunals.

Question 38Civil Procedure (High Court and subordinate courts)

A judgment debtor alleges that the goods seized by the bailiff belong to a third party. What is the appropriate procedural response?

  1. An application to strike out the writ of summons
  2. An interpleader or claim to the goods by the third party asserting ownership Correct answer.
  3. An appeal against the judgment itself
  4. An application for a stay of execution on the ground of hardship

Explanation

Where a third party claims ownership of goods taken in execution, the dispute is resolved through interpleader or a claim to the goods so that the court can determine title. This protects the true owner from wrongful execution.

Question 39Civil Procedure (High Court and subordinate courts)

Which of the following best describes the function of discovery and inspection in High Court civil proceedings?

  1. To allow the court to determine the merits at an early stage without pleadings
  2. To substitute for the service of the writ of summons
  3. To compel the attendance of witnesses at the trial
  4. To enable each party to obtain the evidence of the other party and to narrow the issues before trial Correct answer.

Explanation

Discovery and inspection require parties to disclose relevant documents so that each side knows the case it must meet and issues can be narrowed or resolved before trial. It is a pre-trial procedural mechanism, not a determination of the merits.

Question 40Civil Procedure (High Court and subordinate courts)

A defendant wishes to bring a claim against the plaintiff arising out of the same transaction. What is the appropriate pleading?

  1. A notice of appeal
  2. An application for judicial review
  3. A fresh action in the Supreme Court
  4. A counterclaim in the same action Correct answer.

Explanation

A defendant with a claim against the plaintiff arising out of the same subject matter may plead it as a counterclaim in the existing action. This avoids multiplicity of proceedings and enables all related issues to be determined together.

Question 41Civil Procedure (High Court and subordinate courts)

Under the rules on service, what is the ordinary effect of a defendant's solicitor endorsing on the writ an acceptance of service on the defendant's behalf?

  1. It requires subsequent personal service to be valid
  2. It transfers the obligation to serve onto the court
  3. It is invalid because service must always be personal
  4. It constitutes good service on the defendant as at the date of endorsement Correct answer.

Explanation

Where a solicitor endorses acceptance of service on behalf of the defendant, that endorsement constitutes good service as at the date it is given. Personal service then becomes unnecessary.

Question 42Civil Procedure (High Court and subordinate courts)

A plaintiff obtains judgment in default of defence for a liquidated sum, but the defendant later asserts that it never received the writ. What is the defendant's most appropriate remedy?

  1. A fresh action for defamation against the plaintiff
  2. An appeal to the Supreme Court as of right
  3. An application for a witness summons against the plaintiff
  4. An application to set aside the default judgment, supported by evidence of non-service or a meritorious defence Correct answer.

Explanation

The court may set aside a default judgment where it was irregularly obtained, for example through non-service, or where the defendant has a real prospect of successfully defending the claim. The application must be supported by evidence.

Question 43Civil Procedure (High Court and subordinate courts)

In civil proceedings, what is the principal consequence of a party failing to comply with an unless order?

  1. The court must grant an extension as of right
  2. The sanction specified in the order takes effect automatically unless compliance occurs within the stated time Correct answer.
  3. The non-compliant party is committed to prison without further hearing
  4. The order is automatically suspended pending further directions

Explanation

An unless order specifies a sanction that takes effect if the party fails to comply within the time stated, such as striking out the statement of case. Compliance within the period avoids the sanction.

Question 44Civil Procedure (High Court and subordinate courts)

Which of the following statements about the burden of proof in a civil action in the High Court is correct?

  1. The plaintiff must prove the case beyond reasonable doubt
  2. The court must itself investigate the facts independently of the parties
  3. The defendant must disprove every allegation on the balance of probabilities
  4. The party who asserts a fact must prove it on the balance of probabilities Correct answer.

Explanation

In civil proceedings the legal burden rests on the party asserting a fact, and the standard is the balance of probabilities. The defendant bears a burden only in respect of facts it affirmatively asserts, such as a defence.

Question 45Civil Procedure (High Court and subordinate courts)

A party wishes to adduce the evidence of a witness who is outside The Gambia and unwilling to attend. Which procedural device is most apt to secure the evidence?

  1. A writ of possession
  2. An order for discovery against a non-party
  3. A letter of request or commission to examine the witness abroad Correct answer.
  4. A notice to admit facts

Explanation

Where a witness is abroad and unwilling to attend, the court may issue a letter of request or appoint a commissioner to take the evidence for use at trial. This is the recognised mechanism for obtaining foreign evidence.

Question 46Civil Procedure (High Court and subordinate courts)

Which of the following is the correct description of a consent judgment entered in the High Court?

  1. A judgment that may only be entered in criminal proceedings
  2. A judgment that can be set aside at any time at the unilateral request of one party
  3. A judgment recording terms agreed by the parties, enforceable as a judgment of the court Correct answer.
  4. A judgment that has no binding effect until approved by the Court of Appeal

Explanation

A consent judgment records the terms agreed by the parties and, once entered, has the same force and effect as any other judgment of the court. It is enforceable accordingly.

Question 47Civil Procedure (High Court and subordinate courts)

A party seeks to appeal against an interlocutory order of the High Court. Which statement best reflects the general position on leave to appeal?

  1. Leave is never required for any appeal from the High Court
  2. Leave is required only where the order was made by a registrar
  3. Leave may be required for interlocutory appeals, depending on the applicable rules and the nature of the order Correct answer.
  4. Leave is required only where the appeal is brought by the Attorney General

Explanation

Appeals against interlocutory orders frequently require leave, either from the court below or the appellate court, depending on the applicable rules and the character of the order. Final decisions are more readily appealable as of right.

Question 48Civil Procedure (High Court and subordinate courts)

In the High Court, which of the following best describes the purpose of a pre-trial conference or case management conference?

  1. To deliver final judgment without a hearing
  2. To hear the evidence of witnesses in full
  3. To identify the issues in dispute, explore settlement, and give directions for the efficient conduct of the trial Correct answer.
  4. To replace the need for pleadings

Explanation

A pre-trial or case management conference enables the court to define the issues, consider settlement, and give procedural directions so that the trial proceeds efficiently. It does not determine the merits or replace pleadings.

Question 49Law of Evidence

Under the Evidence Act of The Gambia, a confession made by an accused person to a police officer below the rank of inspector is generally inadmissible unless it is made in the immediate presence of a superior officer. Which rationale best explains this rule?

  1. To prevent accused persons from confessing to minor offences
  2. To protect suspects from coercion and ensure confessions are voluntary and reliable Correct answer.
  3. To require that all confessions be corroborated by independent evidence
  4. To ensure confessions are recorded in writing by a court clerk

Explanation

The rule restricting confessions to senior officers exists to guard against torture, inducement and other coercive practices that undermine voluntariness. A confession is only admissible if it is shown to be free and voluntary, and the rank requirement is a structural safeguard toward that end.

Question 50Law of Evidence

In a criminal trial in The Gambia, the burden of proving that a confession was voluntarily made rests on which party?

  1. The trial judge, who determines voluntariness through independent inquiry
  2. The prosecution, which must establish voluntariness beyond reasonable doubt Correct answer.
  3. The accused, who must prove coercion on the balance of probabilities
  4. The police officer who recorded the statement, as a neutral party

Explanation

Where the prosecution seeks to rely on a confession, it bears the legal burden of proving beyond reasonable doubt that the confession was voluntary. The accused need only raise the issue; the prosecution must then displace any suggestion of inducement, threat or promise.