I85PREP
⌘ K
CVLE Barrister Vocational Examination study materials
CVLE Barrister Vocational Examination study resources

CVLE Barrister Vocational Examination practice questions

One question at a time. Build your CVLE Barrister Vocational Examination 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 1Civil Litigation and Evidence

In civil proceedings, which document normally initiates a claim in the High Court and sets out the claimant's concise statement of the nature of the claim and the remedy sought?

  1. The claim form Correct answer.
  2. The allocation questionnaire
  3. The particulars of claim
  4. The defence and counterclaim

Explanation

A claim is commenced by issuing a claim form, which contains a concise statement of the nature of the claim and the remedy sought. The particulars of claim give the detailed case but are a separate document, often served with or after the claim form.

Question 2Civil Litigation and Evidence

A defendant wishes to dispute the court's jurisdiction on the ground that the claim should have been brought elsewhere. Within what period must an application for a declaration to that effect generally be made?

  1. At any time before the first case management conference
  2. Before the claim is served on any other defendant
  3. Within 14 days after filing an acknowledgment of service Correct answer.
  4. Within 7 days of service of the particulars of claim

Explanation

Under the Civil Procedure Rules a defendant who wishes to dispute jurisdiction must apply within 14 days after filing an acknowledgment of service. Filing the acknowledgment does not waive the objection provided the application is made in time.

Question 3Civil Litigation and Evidence

Which of the following best describes the function of a statement of case under the Civil Procedure Rules?

  1. It records the evidence that witnesses will give at trial
  2. It sets out the procedural timetable ordered by the court
  3. It defines the issues in dispute so that the parties and the court know what must be proved Correct answer.
  4. It lists the documents each party intends to rely on

Explanation

Statements of case (claim form, particulars, defence, reply) set out the parties' respective cases and thereby define the issues in dispute. Evidence, disclosure lists and timetables are dealt with by separate documents and orders.

Question 4Civil Litigation and Evidence

A claimant fails to serve particulars of claim within the period required after filing the claim form. What is the usual consequence if no extension has been obtained?

  1. The defendant must apply for the claim to be dismissed
  2. The claim form ceases to be valid and the claim lapses unless the court grants an extension Correct answer.
  3. The claim is automatically stayed pending payment of a further fee
  4. The particulars may be served late without any sanction

Explanation

If particulars of claim are not served within the required period, the claim form loses validity and the claim cannot proceed unless the court extends time. The claimant must apply for an extension, usually before expiry.

Question 5Civil Litigation and Evidence

Which principle governs the amendment of a statement of case after the expiry of a relevant limitation period?

  1. Amendments are always permitted provided the other side can be compensated in costs
  2. A new claim may be added if the parties consent, regardless of limitation
  3. An amendment introducing a new claim will generally be refused if the limitation period has expired Correct answer.
  4. The court has no discretion and must allow any amendment sought

Explanation

The court may allow amendments, but an amendment that adds or substitutes a new claim after limitation has expired will ordinarily be refused because it would deprive the defendant of a limitation defence. Costs can compensate for prejudice short of that.

Question 6Civil Litigation and Evidence

What is the principal purpose of the pre-action protocols in civil litigation?

  1. To encourage settlement and narrow issues before proceedings are issued Correct answer.
  2. To impose costs sanctions on defendants who defend claims
  3. To determine which court will hear the claim
  4. To replace the need for statements of case

Explanation

Pre-action protocols set out steps parties should take before issuing a claim, promoting early exchange of information, settlement and narrowing of issues. Compliance is considered when the court exercises its costs discretion.

Question 7Civil Litigation and Evidence

In which circumstances will the court typically order a split trial, determining liability before quantum?

  1. Where liability and quantum are distinct and resolving liability first may save costs or promote settlement Correct answer.
  2. Where the defendant has filed a counterclaim
  3. Where the claim is allocated to the small claims track
  4. Where the claimant requests it as of right

Explanation

A split trial is a case management decision made where separating liability from quantum is likely to save expense or facilitate settlement, for example where liability is strongly contested but damages are complex. It is not available as of right.

Question 8Civil Litigation and Evidence

Which test does the court apply when deciding whether to grant summary judgment under the Civil Procedure Rules?

  1. Whether the claim is worth more than the small claims limit
  2. Whether the parties have completed disclosure
  3. Whether the claimant or defendant has no real prospect of succeeding and there is no other compelling reason for a trial Correct answer.
  4. Whether the claim is supported by at least two witness statements

Explanation

Summary judgment may be given where a party has no real prospect of succeeding on the claim or issue and there is no other compelling reason why the case should proceed to trial. The threshold is whether the case is realistic, not merely arguable.

Question 9Civil Litigation and Evidence

A defendant fails to file a defence within the time allowed. What is the claimant ordinarily entitled to do?

  1. Apply for the claim to be struck out for want of prosecution
  2. Apply for committal of the defendant
  3. Obtain an unless order automatically
  4. Enter judgment in default, provided the claim is for a specified or ascertainable sum and no other bar applies Correct answer.

Explanation

Where a defendant fails to respond to a claim within the permitted time, the claimant may request default judgment if the claim is for a specified sum or a sum to be determined, and provided no other condition bars it. The court then enters judgment administratively.

Question 10Civil Litigation and Evidence

What is the effect of a unless order in civil proceedings?

  1. It suspends all proceedings until the party applies to the court
  2. It specifies a sanction that takes effect automatically if the party fails to comply by the stated date Correct answer.
  3. It requires the party to pay the other side's costs immediately
  4. It transfers the case to a different court

Explanation

An unless order is a conditional order: the specified sanction (such as striking out the statement of case) takes effect automatically if the party does not comply by the deadline. Relief from the sanction then requires an application for relief from sanctions.

Question 11Civil Litigation and Evidence

Which of the following is the general standard of disclosure applicable in multi-track proceedings?

  1. Disclosure limited to documents the party intends to adduce in evidence
  2. Disclosure of every document in the party's possession regardless of relevance
  3. Standard disclosure, requiring disclosure of documents on which a party relies, which adversely affect its case, or which support another party's case Correct answer.
  4. No disclosure unless the court specifically orders it

Explanation

Standard disclosure requires a party to disclose documents on which it relies, documents that adversely affect its own case or support another party's case, and documents the rules require it to disclose. The court may order different disclosure in particular cases.

Question 12Civil Litigation and Evidence

A party asserts that a document is privileged because it was created for the dominant purpose of conducting litigation. Which type of privilege is engaged?

  1. Public interest immunity
  2. Legal advice privilege
  3. Without prejudice privilege
  4. Litigation privilege Correct answer.

Explanation

Litigation privilege protects communications and documents created for the dominant purpose of pending or contemplated litigation. Legal advice privilege, by contrast, covers confidential communications with legal advisers for the purpose of legal advice.

Question 13Civil Litigation and Evidence

Which burden of proof applies to the standard of proof in civil proceedings?

  1. The burden rests on the party asserting the fact, and the standard is the balance of probabilities Correct answer.
  2. The burden shifts to the court to investigate, and the standard is the civil standard
  3. The burden rests on the claimant only, and the standard is beyond reasonable doubt
  4. The burden rests on the defendant, and the standard is beyond reasonable doubt

Explanation

In civil litigation the party who asserts a fact bears the burden of proving it, and the standard is the balance of probabilities. The criminal standard of beyond reasonable doubt does not apply.

Question 14Civil Litigation and Evidence

Which statement best describes the rule against hearsay in civil proceedings?

  1. Hearsay is admissible only in the small claims track
  2. Hearsay is admissible only with the court's prior written permission
  3. Hearsay evidence is inadmissible unless the maker gives oral evidence
  4. Hearsay evidence is generally admissible, but its weight is a matter for the court Correct answer.

Explanation

In civil proceedings hearsay is admissible, and the court assesses what weight to give it. The Civil Evidence Act framework governs notice and weight rather than imposing a general exclusion.

Question 15Civil Litigation and Evidence

Under the Civil Evidence Act 1995, what is the court required to consider when weighing hearsay evidence?

  1. Only whether the statement is in writing
  2. Only whether the parties agree to its admission
  3. The circumstances from which the evidence is derived and any risk that its reliability is undermined Correct answer.
  4. Only whether the maker is available to attend

Explanation

The Act lists factors for assessing weight, including the circumstances in which the statement was made, whether it was contemporaneous, and any risk of unreliability. The court does not confine itself to a single factor.

Question 16Civil Litigation and Evidence

What is the usual consequence for a party who fails to serve a witness statement by the deadline set in a directions order?

  1. The trial date is automatically vacated
  2. The witness statement is automatically admitted with reduced weight
  3. The party may be barred from calling that witness to give oral evidence unless relief is granted Correct answer.
  4. The other party must apply for an extension on the defaulting party's behalf

Explanation

Directions orders normally provide that a witness statement served late will not be admitted and the witness may not be called without the court's permission. The defaulting party must seek relief from sanctions to regularise the position.

Question 17Civil Litigation and Evidence

Which of the following is a valid ground on which the court may strike out a statement of case?

  1. It was drafted by counsel rather than a solicitor
  2. It is longer than ten pages
  3. It discloses no reasonable grounds for bringing or defending the claim Correct answer.
  4. It was served by email rather than post

Explanation

The court may strike out a statement of case that discloses no reasonable grounds, is an abuse of process, or is likely to obstruct the just disposal of proceedings. The length, drafter or method of service are not grounds.

Question 18Civil Litigation and Evidence

A party seeks relief from a sanction imposed for failure to comply with a court order. Which approach reflects the correct application of the relief from sanctions principles?

  1. The court must grant relief if the breach was unintentional
  2. The court considers only whether the other party suffered prejudice
  3. The court considers the seriousness of the breach and the need for efficient conduct of litigation, weighing all circumstances Correct answer.
  4. The court must refuse relief whenever a deadline was missed

Explanation

The court assesses the seriousness and significance of the breach, then considers all the circumstances including the need to conduct litigation efficiently and at proportionate cost. Trivial breaches may readily attract relief, but serious ones require good reason.

Question 19Civil Litigation and Evidence

Which statement about expert evidence in civil proceedings is correct?

  1. Expert evidence may be adduced as of right in any case
  2. An expert's duty to the court overrides any obligation to the party instructing or paying the expert Correct answer.
  3. Experts are permitted to give evidence on matters outside their expertise if instructed
  4. An expert's primary duty is to advance the case of the instructing party

Explanation

The overriding duty of an expert is to help the court on matters within the expert's expertise, and this duty overrides any obligation to the instructing party. Permission is required before expert evidence may be adduced.

Question 20Civil Litigation and Evidence

In a case where the parties each instruct their own expert, what procedural device may the court use to narrow the issues between them?

  1. Replace both experts with the trial judge's own expert
  2. Prohibit either party from relying on expert evidence
  3. Require the experts to give evidence simultaneously as a single witness
  4. Order a without prejudice meeting or discussion between the experts to identify and narrow the issues Correct answer.

Explanation

The court may direct that experts meet, often without prejudice, to identify the issues in dispute and where possible agree them. The court may also direct a single joint expert in appropriate cases.

Question 21Civil Litigation and Evidence

Which statement correctly describes the court's approach to the admissibility of evidence obtained by improper means in civil proceedings?

  1. Such evidence is admissible only in criminal proceedings
  2. Such evidence is always automatically inadmissible
  3. Such evidence is admissible only if the other party consents
  4. Relevance generally governs admissibility, and the court may exclude evidence where its admission would have an adverse effect on the fairness of proceedings Correct answer.

Explanation

In civil proceedings relevance is the primary test of admissibility, and there is a discretion to exclude evidence where admitting it would be unfair or would compromise the fairness of the trial. There is no automatic exclusion rule.

Question 22Civil Litigation and Evidence

What is the principal purpose of a case management conference?

  1. To record the evidence of witnesses
  2. To determine the final outcome of the claim on the merits
  3. To enable the court to identify the issues and give directions for the just and efficient conduct of the case Correct answer.
  4. To hear the parties' closing submissions

Explanation

A case management conference allows the court to identify the issues, consider the procedural steps needed and give directions to progress the case efficiently. It is not a hearing on the merits.

Question 23Civil Litigation and Evidence

Which of the following best describes the overriding objective under the Civil Procedure Rules?

  1. To enable the court to deal with cases justly and at proportionate cost Correct answer.
  2. To ensure the claimant always recovers full costs
  3. To require all cases to be tried by a judge alone
  4. To prioritise speed over fairness in all cases

Explanation

The overriding objective is to enable the court to deal with cases justly and at proportionate cost, which includes ensuring the parties are on an equal footing and saving expense. It informs the interpretation of all procedural rules.

Question 24Civil Litigation and Evidence

In deciding whether to grant an interim injunction, which threshold does the court apply to the claimant's case?

  1. Whether the claimant has proved the claim beyond reasonable doubt
  2. Whether the claim exceeds the multi-track threshold
  3. Whether the defendant has admitted liability
  4. Whether there is a serious question to be tried and the balance of convenience favours the grant Correct answer.

Explanation

The court asks whether there is a serious question to be tried, then considers the balance of convenience and whether damages would be an adequate remedy. The claimant need not prove the case at this stage.

Question 25Civil Litigation and Evidence

Which statement correctly describes the court's power to order security for costs?

  1. Security is ordered automatically against every corporate claimant
  2. Security is available only in the small claims track
  3. The court may order security where it is just to do so in the circumstances, for example where the claimant is resident outside the jurisdiction Correct answer.
  4. Security may only be ordered against a defendant who counterclaims

Explanation

The court has a discretion to order security for costs in defined circumstances, such as where the claimant is resident abroad or is a company unable to meet an adverse costs order. It is not automatic and requires a just basis.

Question 26Civil Litigation and Evidence

A claimant wishes to commence proceedings for a modest money claim in the County Court. Which document, once issued and served, sets out the claim and the remedy sought and defines the issues the defendant must answer?

  1. The statement of case known as the defence
  2. The particulars of claim Correct answer.
  3. The allocation questionnaire
  4. The claim form alone

Explanation

Under the Civil Procedure Rules the claimant's statement of case comprises the claim form and, where required, particulars of claim. The particulars set out the material facts and the remedy sought, defining the issues for trial. The claim form alone is usually a short formal document containing a summary of the claim.

Question 27Civil Litigation and Evidence

Proceedings are issued in the High Court and the claim is valued at £150,000. To which track is the claim most likely to be allocated?

  1. The multi-track Correct answer.
  2. The small claims track
  3. The fast track
  4. The intermediate track

Explanation

Claims exceeding the fast track financial limit, generally £25,000 in personal injury and £100,000 in other cases, are ordinarily allocated to the multi-track. A £150,000 High Court claim therefore falls within the multi-track, where the court gives individual case management directions.

Question 28Civil Litigation and Evidence

A defendant wishes to dispute the court's jurisdiction over him on the basis that he was never validly served. What is the correct procedural step?

  1. Write to the claimant's solicitor asserting that the court has no jurisdiction
  2. File a defence denying the claim on the merits and raise jurisdiction at trial
  3. Apply to the court for an order declaring that the claim form has not been duly served Correct answer.
  4. Apply for the claim to be struck out for want of prosecution

Explanation

A defendant who contends that the claim form has not been duly served must apply to the court for a declaration to that effect, ordinarily within 14 days after filing an acknowledgment of service. Raising the point informally or waiting until trial risks waiving the objection. The application is made under the procedural rules governing service.

Question 29Civil Litigation and Evidence

A party wishes to amend its statement of case after the close of the pleadings but before trial. Which principle governs whether the court will permit the amendment?

  1. Amendments are refused automatically once a case management timetable has been set
  2. The court weighs the injustice to the opposing party against the injustice to the amending party if the amendment is refused Correct answer.
  3. Amendments are permitted as of right at any time before trial
  4. The court permits amendments only where both parties consent

Explanation

The court exercises its discretion by balancing the prejudice that the amendment would cause the opposing party against the prejudice to the applicant if the amendment were refused. A late amendment may be allowed with costs or refused if it would cause injustice that cannot be compensated. Consent and timing are relevant but not determinative.

Question 30Civil Litigation and Evidence

A claimant applies for an interim injunction to restrain the defendant from disposing of assets pending trial. Which threshold must the claimant satisfy before the balance of convenience is considered?

  1. Proof beyond reasonable doubt
  2. A serious question to be tried Correct answer.
  3. A probability of success exceeding 50 per cent
  4. A prima facie case that is bound to succeed

Explanation

The court first asks whether there is a serious question to be tried, meaning the claim is not frivolous or vexatious and has a real prospect of success. Only if that threshold is met does the court consider the balance of convenience and whether damages would be an adequate remedy. The claimant need not show a probability of success.

Question 31Civil Litigation and Evidence

A defendant wishes to rely at trial on a document that was not disclosed during the disclosure stage. What is the ordinary consequence?

  1. The party may be refused permission to rely on the document unless the court grants relief Correct answer.
  2. The document is inadmissible as a matter of law
  3. The document may be used only in cross-examination
  4. The document is automatically admissible because disclosure is not a precondition of admissibility

Explanation

A party who fails to disclose a document in accordance with the rules or an order may not rely on it at trial without the court's permission. The court may grant relief, but the default position is that the undisclosed document cannot be used. This sanction encourages compliance with disclosure obligations.

Question 32Civil Litigation and Evidence

Which of the following best describes the test for the admissibility of opinion evidence from a non-expert witness?

  1. It is admissible only if the witness has relevant qualifications
  2. It is admissible only where it is a way of conveying relevant facts personally perceived by the witness Correct answer.
  3. It is never admissible in civil proceedings
  4. It is admissible whenever the witness is of good character

Explanation

A non-expert may give opinion evidence where it is a convenient way of conveying the witness's personal perception of relevant facts, for example identifying a person or describing a vehicle's speed. The opinion must be based on what the witness personally perceived. Qualifications are not required for this category.

Question 33Civil Litigation and Evidence

A party seeks to rely on a witness statement at trial but the maker of the statement is not called to give oral evidence. Which statement best reflects the position under the Civil Evidence Act 1995?

  1. The statement is admissible only if the maker is dead or unfit to attend
  2. The statement is admissible and must be given the same weight as oral testimony
  3. The statement is inadmissible because the maker is not available for cross-examination
  4. The statement is admissible as hearsay, but the court may attach less weight to it and the opposing party may apply to cross-examine the maker Correct answer.

Explanation

The Civil Evidence Act 1995 abolished the rule against hearsay in civil proceedings, so a witness statement may be admitted even where its maker does not attend. The court weighs the evidence having regard to the statutory factors, and the opposing party may seek permission to cross-examine the maker. The absence of cross-examination may reduce the weight given.

Question 34Civil Litigation and Evidence

A party wishes to challenge the authenticity of a signature on a contract. Which procedural device is ordinarily used to require the opposing party to admit or deny the genuineness of the document?

  1. A request for further information
  2. An unless order
  3. A notice to admit facts or documents Correct answer.
  4. An application for specific disclosure

Explanation

A notice to admit facts or documents requires the opposing party to admit or deny specified matters within a set time; silence may be treated as an admission. It narrows the issues and avoids the cost of proving uncontested matters at trial. It is distinct from disclosure and from further information.

Question 35Civil Litigation and Evidence

A claimant fails to comply with an order to serve witness statements by the specified date. The defendant applies for the claim to be struck out. Which approach should the court adopt?

  1. The court considers all the circumstances, including the seriousness of the breach and the need to enforce compliance, before deciding whether to strike out or impose a lesser sanction Correct answer.
  2. The court may only impose a costs sanction and cannot strike out
  3. The court must grant an extension of time as of right
  4. The court must strike out the claim automatically on any breach of an order

Explanation

Where a party fails to comply with an order, the court has a range of sanctions and exercises its discretion in accordance with the overriding objective. It considers the seriousness of the breach, the reason for it, the effect on the litigation and the need to enforce compliance. Striking out is a sanction of last resort but is available where the breach is serious and inexcusable.

Question 36Civil Litigation and Evidence

A defendant admits liability but disputes the amount of damages. Which order is most appropriate to resolve the proceedings efficiently?

  1. An order transferring the claim to the small claims track
  2. An order for summary judgment on the whole claim
  3. An order striking out the defence
  4. An order for a split trial on liability and quantum Correct answer.

Explanation

Where liability is admitted and only quantum remains in dispute, a split trial or an order confining the issues can save cost and time. The court may direct that quantum be determined separately, or enter judgment on liability with damages assessed later. This reflects active case management under the overriding objective.

Question 37Civil Litigation and Evidence

A litigant in person is ordered to pay a sum into court as a condition of being permitted to continue the claim. He fails to pay. What is the usual consequence?

  1. The defendant must pay the sum on the claimant's behalf
  2. The court must automatically grant an extension of time
  3. The claim may be struck out and the proceedings brought to an end Correct answer.
  4. The claim continues but the claimant may not adduce oral evidence

Explanation

Where a party fails to comply with an order to pay money into court as a condition of continuing, the sanction is ordinarily that the claim is struck out. The court may grant relief from the sanction if the applicant can show good reason, but the default position is termination of the claim. This encourages compliance with conditional orders.

Question 38Civil Litigation and Evidence

A claimant seeks to adduce evidence of a without prejudice settlement offer at trial. Which principle governs its admissibility?

  1. The communication is admissible only if both parties consent
  2. The communication is generally inadmissible as it is protected by the without prejudice rule, subject to recognised exceptions Correct answer.
  3. The communication is inadmissible in all circumstances without exception
  4. The communication is admissible because settlement offers are always relevant

Explanation

The without prejudice rule protects genuine attempts to settle disputes from being used in evidence, encouraging candid negotiation. There are recognised exceptions, such as where the communication is relied on to prove a concluded compromise or where it is used to show misrepresentation or impropriety. The protection is therefore not absolute.

Question 39Civil Litigation and Evidence

Which of the following correctly describes the court's power to order a payment into court as security for costs?

  1. The court may order security at any time without regard to the claimant's ability to pay
  2. The court must order security whenever the claimant is an individual of limited means
  3. The court may order security where it is just to do so and one of the specified grounds applies, such as the claimant being resident outside the jurisdiction Correct answer.
  4. The court may order security only against a defendant

Explanation

Security for costs is available only where a specified ground applies, for example the claimant is ordinarily resident outside the jurisdiction or is a company unable to pay the defendant's costs. Even then the court exercises a discretion and considers whether it is just to order security, having regard to all the circumstances including the claimant's ability to pay.

Question 40Civil Litigation and Evidence

A case management conference is listed. Which of the following is the principal function of that hearing?

  1. To give directions for the conduct of the proceedings and to identify and narrow the issues Correct answer.
  2. To assess the costs of the action at the conclusion of the trial
  3. To hear the claimant's application for summary judgment
  4. To determine the merits of the claim finally

Explanation

A case management conference enables the court to give directions, set a timetable, identify the issues and consider whether the parties can narrow them or settle. It is not a final determination of the merits. Its purpose is to manage the case efficiently in accordance with the overriding objective.

Question 41Criminal Litigation and Evidence

In a Crown Court trial on indictment, the defendant pleads not guilty and the jury is sworn. Which party bears the legal burden of proving the defendant's guilt?

  1. The defence, which must disprove the allegations raised
  2. The jury, which must satisfy itself by its own investigation
  3. The prosecution, which must prove the elements of the offence Correct answer.
  4. The judge, who directs the jury on the weight of the evidence

Explanation

The golden thread of English criminal law places the legal burden of proving guilt on the prosecution, which must satisfy the jury so that it is sure of the defendant's guilt. The defence does not bear a burden to disprove the case, and neither the judge nor the jury investigates facts independently.

Question 42Criminal Litigation and Evidence

A defendant is charged with murder and wishes to rely on self-defence. Which standard applies to the evidential burden on that issue?

  1. The defence must prove self-defence on the balance of probabilities
  2. The defence need do nothing, because self-defence is presumed until rebutted by the judge
  3. The defence must prove self-defence beyond reasonable doubt
  4. The defence must raise sufficient evidence to make the issue live, after which the prosecution must disprove it Correct answer.

Explanation

Self-defence is a common law defence on which the defendant bears only an evidential burden: there must be sufficient evidence to raise the issue. Once it is raised, the legal burden rests on the prosecution to disprove it beyond reasonable doubt.

Question 43Criminal Litigation and Evidence

Which of the following best describes the effect of the statutory defence of diminished responsibility on a murder charge?

  1. It reduces murder to manslaughter where an abnormality of mental functioning substantially impaired the defendant's ability to understand or control their conduct Correct answer.
  2. It is a complete acquittal with no alternative verdict available
  3. It transfers the burden to the prosecution to prove the defendant was sane
  4. It operates only after conviction, as a matter for sentencing discretion

Explanation

Diminished responsibility is a partial defence that reduces murder to voluntary manslaughter. The defendant must establish an abnormality of mental functioning arising from a recognised medical condition that substantially impaired their ability to understand the nature of their conduct, form a rational judgment, or exercise self-control.

Question 44Criminal Litigation and Evidence

A suspect is arrested and taken to a police station. Under the Police and Criminal Evidence Act 1984, which right must the custody officer inform the suspect of at the outset?

  1. The right to select which officer conducts the interview
  2. The right to have the interview recorded by the suspect's own device
  3. The right to consult a solicitor and to have someone informed of the arrest Correct answer.
  4. The right to refuse to be fingerprinted without a court order

Explanation

On arrival at the police station the custody officer must inform the suspect of the right to have someone informed of their arrest and the right to consult a solicitor privately. These rights may be delayed only in limited circumstances authorised under the Act.

Question 45Criminal Litigation and Evidence

During a police interview, the suspect asks for a solicitor but the interview proceeds without one because the request was refused without lawful authority. What is the principal consequence for the admissibility of the interview?

  1. The interview is admissible because the suspect was cautioned before speaking
  2. The interview is admissible but the jury must be told to disregard it entirely
  3. The court may exclude the evidence as unfair, having regard to the breach and its effect on the fairness of the proceedings Correct answer.
  4. The interview is automatically inadmissible in all circumstances

Explanation

A breach of the right to legal advice does not automatically render an interview inadmissible. The court retains a discretion to exclude evidence where admitting it would have such an adverse effect on the fairness of the proceedings that it ought not to be admitted.

Question 46Criminal Litigation and Evidence

A confession is obtained from a defendant who was subjected to oppressive questioning over many hours without rest. Under the Police and Criminal Evidence Act 1984, what is the correct basis for exclusion?

  1. The confession was obtained by oppression and must not be admitted Correct answer.
  2. The confession is admissible because it was made voluntarily in the station
  3. The confession may be excluded only if the defendant gives evidence denying it
  4. The confession is admissible if it is corroborated by other evidence

Explanation

A confession obtained by oppression must be excluded by the court; the discretion is removed and exclusion is mandatory. Oppression includes questioning that is harsh or improper and may render the answers unreliable.

Question 47Criminal Litigation and Evidence

A defendant is charged with assault and the prosecution wishes to adduce evidence of the defendant's previous conviction for a similar assault. Which principle governs the admission of such bad character evidence?

  1. Previous convictions are always admissible to show propensity
  2. Bad character evidence is admissible only through one of the statutory gateways, such as relevant propensity or a matter in issue between the parties Correct answer.
  3. Bad character evidence is never admissible against a defendant
  4. Previous convictions are admissible only if the defendant has put his character in issue by giving evidence

Explanation

The Criminal Justice Act 2003 sets out specific gateways through which bad character evidence may be admitted. Evidence of previous convictions may be admitted where it is relevant to a matter in issue, including propensity to commit offences of the same kind, subject to the court's discretion to exclude.

Question 48Criminal Litigation and Evidence

In a trial, the prosecution seeks to admit a witness's written statement because the witness is too ill to attend court. Which statutory route is most apt?

  1. The bad character provisions relating to the witness's credibility
  2. The special measures provisions for vulnerable witnesses
  3. The provisions governing the admissibility of expert opinion evidence
  4. The hearsay provisions permitting admission where the witness is unavailable for a specified reason Correct answer.

Explanation

The Criminal Justice Act 2003 provides a gateway for hearsay where a witness is unavailable for a reason such as illness, provided the conditions are met. The court must also consider whether admitting the statement would be in the interests of justice.

Question 49Criminal Litigation and Evidence

Which of the following is a recognised special measure available to a vulnerable or intimidated witness giving evidence in court?

  1. Cross-examination by the judge instead of the advocate
  2. Giving evidence by live link or from behind a screen Correct answer.
  3. Having the jury read a transcript of the witness's police interview
  4. Submitting a written statement in place of all oral evidence

Explanation

Special measures include giving evidence by live link, from behind a screen, in private, or with the assistance of an intermediary. They are designed to improve the quality of a vulnerable or intimidated witness's evidence without replacing the trial process.

Question 50Criminal Litigation and Evidence

A witness in a criminal trial is asked about a previous inconsistent statement made to the police. What is the usual procedure for proving that statement?

  1. The statement is read to the jury without more, and it becomes substantive evidence
  2. The statement is inadmissible because it was made outside court
  3. The statement may be proved only with the leave of the jury
  4. The witness may be cross-examined on the discrepancy, and the previous statement may be proved if the witness denies making it Correct answer.

Explanation

Where a witness's evidence differs from a previous statement, the advocate may cross-examine on the discrepancy. If the witness does not admit making the statement, it may be proved in accordance with the statutory procedure, subject to the court's control.