I85PREP
⌘ K
NALA ACP Criminal Litigation study materials
NALA ACP Criminal Litigation study resources

NALA ACP Criminal Litigation practice questions

One question at a time. Build your NALA ACP Criminal Litigation 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 1Criminal Litigation

In a criminal case, the standard of proof the prosecution must meet to secure a conviction is which of the following?

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

Explanation

The prosecution bears the burden of proving every element of the offence to the criminal standard, which is proof beyond a reasonable doubt. This standard reflects the presumption of innocence and the serious consequences of conviction.

Question 2Criminal Litigation

Which plea may a defendant enter where they do not deny the alleged conduct but wish to avoid conviction on the basis of a recognised legal defence such as insanity?

  1. A plea in mitigation
  2. A special plea
  3. A plea of not guilty by reason of insanity Correct answer.
  4. A plea of autrefois acquit

Explanation

Where a defendant does not contest the facts but asserts a legal excuse such as insanity, the appropriate course is a not guilty plea founded on that defence. The court then determines whether the defence is made out.

Question 3Criminal Litigation

A defendant is charged with an offence triable either way. At the allocation hearing, the magistrates decide the case is suitable for summary trial, but the defendant elects Crown Court trial. What is the correct outcome?

  1. The case must be discontinued and recharged
  2. The case is sent to the Crown Court for trial Correct answer.
  3. The defendant must be tried by a judge alone in the magistrates' court
  4. The magistrates must retain the case because they have already accepted jurisdiction

Explanation

For either-way offences, once the magistrates accept jurisdiction the defendant retains the right to elect Crown Court trial. If that election is made, the case is sent to the Crown Court.

Question 4Criminal Litigation

Which statutory provision governs the sending of either-way cases from the magistrates' court to the Crown Court for trial?

  1. Section 1 of the Magistrates' Courts Act 1980
  2. Section 35 of the Criminal Justice Act 1925
  3. Section 78 of the Police and Criminal Evidence Act 1984
  4. Section 51 of the Crime and Disorder Act 1998 Correct answer.

Explanation

Section 51 of the Crime and Disorder Act 1998 provides for sending cases to the Crown Court, including either-way matters where the defendant elects trial there. It replaced committal proceedings for these purposes.

Question 5Criminal Litigation

Which of the following best describes the test applied by the Crown Prosecution Service under the Code for Crown Prosecutors when deciding whether to charge?

  1. Whether the police have recommended a charge and the victim supports it
  2. Whether a conviction is more likely than not and whether a prosecution is in the public interest Correct answer.
  3. Whether the offence is indictable and the defendant is on bail
  4. Whether the suspect admits the offence and can pay a fine

Explanation

The Code for Crown Prosecutors requires a two-stage test: the evidential stage (realistic prospect of conviction) and the public interest stage. Both must be satisfied before a charge is brought.

Question 6Criminal Litigation

Under the Criminal Procedure Rules, what is the usual consequence for a party who fails to comply with a case management direction without good reason?

  1. The case is automatically dismissed
  2. The court may impose a sanction, including refusing to admit evidence or making a costs order Correct answer.
  3. The defaulting party is committed for contempt in every case
  4. The court must adjourn automatically

Explanation

The Criminal Procedure Rules require active case management and allow courts to impose sanctions for non-compliance, including refusing to admit evidence or making costs orders. The sanction must be proportionate and just in the circumstances.

Question 7Criminal Litigation

In a Crown Court trial, which party opens the case to the jury after the jury is sworn?

  1. Prosecuting counsel Correct answer.
  2. The judge
  3. Defence counsel
  4. The court clerk

Explanation

Prosecuting counsel delivers the opening speech outlining the case against the accused. The defence may open only in limited circumstances, such as where it bears an evidential burden.

Question 8Criminal Litigation

A witness called by the prosecution gives evidence that is unfavourable to the prosecution case. Which procedure may the prosecutor use to challenge that witness's credibility?

  1. Apply to have the witness's statement admitted as hearsay automatically
  2. Apply for the witness to be committed for contempt
  3. Apply to treat the witness as hostile Correct answer.
  4. Apply for the jury to be discharged

Explanation

Where a witness's evidence is adverse to the party calling them, that party may apply to the judge for leave to treat the witness as hostile. If leave is granted, leading questions and previous inconsistent statements may be used to challenge the evidence.

Question 9Criminal Litigation

In England and Wales, which of the following is a special measure that may be available to a vulnerable or intimidated witness?

  1. Cross-examination by the defendant in person
  2. Anonymity from the judge and advocates
  3. Live link to give evidence from outside the courtroom Correct answer.
  4. A private meeting with the jury before testifying

Explanation

Special measures under the Youth Justice and Criminal Evidence Act 1999 include live links, screens, recorded evidence-in-chief and intermediaries. They aim to help vulnerable or intimidated witnesses give their best evidence.

Question 10Criminal Litigation

A defendant is charged with murder. Which defence, if successfully established, reduces the conviction to voluntary manslaughter?

  1. Self-defence
  2. Alibi
  3. Automatism
  4. Loss of control Correct answer.

Explanation

Loss of control is a partial defence to murder under sections 54 and 55 of the Coroners and Justice Act 2009, reducing the offence to voluntary manslaughter. It requires a loss of self-control, a qualifying trigger and the objective test that a person of the defendant's age and sex with a normal degree of tolerance would have reacted similarly.

Question 11Criminal Litigation

Which of the following is the correct definition of the mens rea of murder as stated in R v Cunningham?

  1. Intention to cause any harm
  2. Intention to kill or cause grievous bodily harm Correct answer.
  3. Negligence as to the victim's death
  4. Recklessness as to death or serious harm

Explanation

The mental element of murder is malice aforethought, defined as an intention to kill or to cause grievous bodily harm. Recklessness and negligence are insufficient for murder.

Question 12Criminal Litigation

In relation to the offence of theft under the Theft Act 1968, which of the following is required for the element of 'appropriation'?

  1. A permanent transfer of ownership to the defendant
  2. A dishonest intention formed before the appropriation
  3. Physical removal of the property from the owner's premises
  4. Any assumption by the defendant of the rights of the owner Correct answer.

Explanation

Section 3 of the Theft Act 1968 defines appropriation as any assumption by a person of the rights of an owner. This includes later assumption where property has come into the defendant's possession innocently.

Question 13Criminal Litigation

A police officer arrests a suspect in the street. Which of the following must the officer do as soon as practicable after the arrest?

  1. Provide the suspect with a copy of the case file
  2. Obtain a search warrant for the suspect's home
  3. Inform the suspect of the reason for the arrest Correct answer.
  4. Take the suspect directly before a magistrate

Explanation

Section 28 of the Police and Criminal Evidence Act 1984 requires a person to be informed of the fact and grounds of arrest at the time or as soon as practicable afterwards. This supports the right to know why liberty has been removed.

Question 14Criminal Litigation

Under the Police and Criminal Evidence Act 1984, what is the general maximum period for which a suspect may be detained without charge before an extension by a superintendent or above is required?

  1. 96 hours
  2. 12 hours
  3. 24 hours Correct answer.
  4. 6 hours

Explanation

Section 41 of PACE 1984 provides that detention without charge requires authorisation, and the initial limit is 24 hours. Extensions beyond 24 hours require higher authorisation, with a maximum of 96 hours.

Question 15Criminal Litigation

A suspect is interviewed at the police station without a solicitor present after requesting legal advice. Which of the following is the most significant consequence for the admissibility of the interview?

  1. The interview is admissible only if the suspect is later convicted
  2. The interview is admissible because legal advice is a privilege, not a right
  3. The court may exclude the evidence under section 78 PACE 1984 if its admission would have an adverse effect on the fairness of the proceedings Correct answer.
  4. The interview is automatically inadmissible

Explanation

Denial of access to legal advice is a breach of the PACE safeguards, and section 78 PACE 1984 allows the court to exclude evidence if its admission would have such an adverse effect on fairness that it ought not to be admitted. The court weighs the breach and its impact on the fairness of the trial.

Question 16Criminal Litigation

Which of the following best describes the exclusionary discretion available to a judge under section 78 of the Police and Criminal Evidence Act 1984?

  1. A discretion to exclude evidence only where the police acted in bad faith
  2. A mandatory exclusion of all unlawfully obtained evidence
  3. A rule requiring exclusion of all hearsay evidence
  4. A discretion to exclude prosecution evidence where its admission would have an adverse effect on the fairness of the proceedings Correct answer.

Explanation

Section 78 gives the court a discretion to refuse to allow prosecution evidence to be adduced if, having regard to all the circumstances, its admission would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

Question 17Criminal Litigation

At a trial, the defence wishes to call evidence of the defendant's good character. What is the primary purpose of such evidence?

  1. To shift the burden of proof to the prosecution
  2. To require the prosecution to disclose its witnesses
  3. To support the defendant's credibility and to show a reduced propensity to commit the offence Correct answer.
  4. To prove the defendant did not commit the offence as a matter of law

Explanation

Evidence of good character is relevant both to credibility and, where the defendant is of previous good character, to propensity. The judge should direct the jury on both limbs where appropriate.

Question 18Criminal Litigation

In a criminal trial, which of the following is an example of hearsay evidence?

  1. A witness repeating a statement made by another person to prove the truth of its contents Correct answer.
  2. An expert explaining the results of their own analysis
  3. A witness describing what they saw the defendant do
  4. A police officer describing the arrest they carried out

Explanation

Hearsay is an out-of-court statement adduced to prove the truth of its contents. Where a witness repeats another person's assertion to establish that assertion as true, the evidence is hearsay and requires a gateway to admissibility.

Question 19Criminal Litigation

Which of the following is a recognised gateway for the admission of hearsay evidence in criminal proceedings under the Criminal Justice Act 2003?

  1. The statement was made to a police officer
  2. The maker of the statement is available and willing to testify
  3. The defendant denies making the statement
  4. The statement is relevant and the maker is dead or unfit to attend Correct answer.

Explanation

Section 116 of the Criminal Justice Act 2003 permits hearsay where a witness is unavailable for specified reasons, including death or unfitness to attend. The other statutory gateways include business documents and interests of justice.

Question 20Criminal Litigation

In relation to the bad character provisions of the Criminal Justice Act 2003, which of the following is a correct statement of the general rule?

  1. Evidence of bad character is admissible only with the jury's consent
  2. Evidence of bad character is always admissible if the defendant has previous convictions
  3. Evidence of a defendant's bad character is admissible only through one of the statutory gateways Correct answer.
  4. Evidence of bad character is never admissible in a criminal trial

Explanation

Sections 98 to 113 of the Criminal Justice Act 2003 set out the gateways through which bad character evidence may be admitted. Evidence outside those gateways is generally inadmissible.

Question 21Criminal Litigation

A defendant is charged with assault occasioning actual bodily harm. The prosecution seeks to adduce evidence that the defendant has previous convictions for violent offences. Which gateway under the Criminal Justice Act 2003 is most directly relevant?

  1. Section 101(1)(c) - it is important explanatory evidence
  2. Section 101(1)(d) - evidence relevant to an important matter in issue between the defence and prosecution Correct answer.
  3. Section 101(1)(a) - all parties agree
  4. Section 101(1)(b) - the evidence is adduced by the defendant

Explanation

Where previous convictions are relied on to show propensity to commit the offence, the relevant gateway is section 101(1)(d), which concerns an important matter in issue between the defence and prosecution. Propensity is a matter in issue where it is relevant to whether the defendant committed the offence.

Question 22Criminal Litigation

Which of the following best describes the purpose of a section 9 Criminal Justice Act 1967 witness statement in criminal proceedings?

  1. To allow written evidence to be admitted without the witness attending, if the requirements are met Correct answer.
  2. To authorise the police to search the witness's home
  3. To record the jury's verdict
  4. To compel the witness to attend court

Explanation

Section 9 of the Criminal Justice Act 1967 permits a written statement to be read as evidence if the statutory conditions are satisfied, including service on the other parties and the absence of objection. It reduces the need for witnesses to attend in uncontested matters.

Question 23Criminal Litigation

A defendant is convicted in the magistrates' court. Which of the following is the correct route of appeal against conviction?

  1. Appeal directly to the Supreme Court
  2. Appeal to the Court of Appeal (Criminal Division)
  3. Appeal to the Crown Court Correct answer.
  4. Appeal to the High Court by judicial review only

Explanation

A person convicted in the magistrates' court may appeal to the Crown Court against conviction, sentence or both. The Crown Court hears the appeal by way of rehearing.

Question 24Criminal Litigation

An appellant wishes to appeal against conviction from the Crown Court to the Court of Appeal (Criminal Division). What is generally required before the appeal may proceed?

  1. A petition to the Attorney General
  2. The consent of the prosecution
  3. Leave to appeal, granted by the Court of Appeal or a single judge Correct answer.
  4. A fresh trial in the magistrates' court

Explanation

Appeals from the Crown Court to the Court of Appeal (Criminal Division) require leave to appeal, which may be granted by the Court of Appeal or a single judge on the papers. Notice of appeal must be lodged within the statutory time limit.

Question 25Criminal Litigation

A defendant is sentenced in the Crown Court. Which of the following factors is a court required to consider when determining sentence under the sentencing framework?

  1. The offender's willingness to pay a fine only
  2. The length of the prosecution's opening speech
  3. The number of witnesses who testified
  4. The seriousness of the offence, including culpability and harm Correct answer.

Explanation

Sentencing courts must assess the seriousness of the offence, having regard to culpability and harm, and consider the statutory purposes of sentencing. Aggravating and mitigating factors are also weighed.

Question 26Criminal Litigation

Which court normally hears a first appearance for an either-way offence where the defendant is in custody and the matter is sent to the Crown Court?

  1. The Crown Court
  2. The magistrates' court Correct answer.
  3. The Court of Appeal (Criminal Division)
  4. The High Court (King's Bench Division)

Explanation

Under the allocation and sending provisions, the magistrates' court is the court of first appearance for an either-way offence, and it sends the case to the Crown Court where appropriate. The Crown Court only becomes involved once the case has been sent or committed for trial.

Question 27Criminal Litigation

A defendant is convicted of an offence triable either way in the magistrates' court. To which court does an appeal against conviction lie, and by what route?

  1. To the Crown Court, by way of re-hearing Correct answer.
  2. To the High Court, by way of judicial review
  3. To the Court of Appeal (Criminal Division), by way of case stated
  4. To the Crown Court, by way of case stated

Explanation

Section 108 of the Magistrates' Courts Act 1980 gives a person convicted in the magistrates' court a right of appeal to the Crown Court, where the case is re-heard on the facts and law. The appeal takes the form of a fresh hearing before a judge and two magistrates.

Question 28Criminal Litigation

What is the standard of proof the prosecution must satisfy in a criminal trial?

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

Explanation

The prosecution bears the legal burden of proving each element of the offence to the criminal standard, which is proof beyond reasonable doubt. The balance of probabilities applies to the defence when it bears a burden, such as a reverse onus or certain defences.

Question 29Criminal Litigation

Where a defendant relies on the defence of alibi, when must notice of the alibi be given to the prosecution?

  1. At any time before the defendant gives evidence
  2. Only at the close of the prosecution case at trial
  3. Within the time limits set by the Criminal Procedure and Investigations Act 1996 for defence disclosure Correct answer.
  4. Only if the court orders disclosure on application by the prosecution

Explanation

The Criminal Procedure and Investigations Act 1996 imposes duties of defence disclosure, and the Criminal Procedure Rules set the timetable for giving notice of an alibi with the particulars required. Late notice may be commented on and can affect the weight given to the defence.

Question 30Criminal Litigation

A defendant is charged with an offence and the prosecution wishes to adduce evidence of the defendant's previous convictions for the same type of offending. Under the Criminal Justice Act 2003, which route most commonly allows this?

  1. The convictions are relevant to an important matter in issue between the defendant and the prosecution Correct answer.
  2. The convictions were obtained in the Crown Court
  3. The convictions show a propensity to be generally dishonest, which is always admissible
  4. The defendant has a previous conviction for any offence

Explanation

Section 101(1)(d) of the Criminal Justice Act 2003 admits bad character evidence relevant to an important matter in issue, and section 103 allows propensity to commit offences of the same description to be treated as such a matter. Admission remains subject to the court's discretion to exclude under section 101(3) and section 78 of PACE.

Question 31Criminal Litigation

Which of the following statements correctly describes the effect of section 78 of the Police and Criminal Evidence Act 1984?

  1. The court must exclude any evidence obtained in breach of PACE
  2. The court may exclude defence evidence that is prejudicial to the prosecution
  3. The court may exclude prosecution evidence if admitting it would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it Correct answer.
  4. The court must exclude all confession evidence obtained without a solicitor

Explanation

Section 78(1) PACE gives the court a discretion to exclude prosecution evidence on the ground that, having regard to all the circumstances including how the evidence was obtained, admission would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. The discretion is not limited to unlawfully obtained evidence.

Question 32Criminal Litigation

A police officer wishes to search a suspect's home without a warrant. Which of the following provides the most secure lawful basis for the search?

  1. A power of entry conferred by statute in the specific circumstances, such as under section 17 or section 18 of PACE Correct answer.
  2. The officer's reasonable suspicion that the suspect has committed an offence
  3. Consent given by a neighbour
  4. The suspect's previous convictions

Explanation

Entry and search of premises without a warrant requires a specific statutory power, such as section 17 PACE for arrest or section 18 PACE for premises controlled by a person under arrest. Reasonable suspicion alone does not authorise entry to premises.

Question 33Criminal Litigation

A suspect is arrested and taken to the police station. Under PACE Code C, what is the role of the appropriate adult where the suspect is a juvenile?

  1. To conduct the interview on the suspect's behalf
  2. To support communication and ensure the suspect understands the process, and to be present at interview Correct answer.
  3. To act as the suspect's legal adviser
  4. To decide whether the suspect should be charged

Explanation

The appropriate adult safeguards the rights and welfare of a juvenile or vulnerable suspect, supports communication, and should be present when the suspect is interviewed or asked to provide samples. The appropriate adult is not a substitute for legal advice and does not make charging decisions.

Question 34Criminal Litigation

A defendant is charged with an offence and wishes to plead guilty at the first hearing in the magistrates' court. What is the usual effect of a guilty plea at the earliest opportunity on sentence?

  1. The court should give credit reflecting the stage at which the plea was entered, with the greatest reduction for a plea at the first opportunity Correct answer.
  2. Credit is only available if the defendant is legally represented
  3. No credit is available unless the prosecution agrees
  4. Credit is limited to offences triable only on indictment

Explanation

The sentencing guidelines on reduction for a guilty plea provide that the maximum reduction, ordinarily one third, is available where the plea is indicated at the first stage of proceedings. The reduction decreases as the case progresses towards trial.

Question 35Criminal Litigation

In a Crown Court trial, who delivers the closing speech to the jury first?

  1. The prosecution Correct answer.
  2. The judge
  3. The defence
  4. The jury foreman

Explanation

After the evidence, the prosecution makes its closing speech first, followed by the defence closing speech, because the defence speaks last before the judge sums up. The judge then directs the jury on law and evidence.

Question 36Criminal Litigation

A defendant is charged with murder and wishes to rely on loss of control. Which of the following is required for that defence to succeed?

  1. The loss of control had a qualifying trigger and a person of the defendant's sex and age with a normal degree of tolerance would have reacted similarly Correct answer.
  2. The defendant was intoxicated at the time
  3. The victim provoked the defendant by words alone, which is always sufficient
  4. The defendant planned the killing in advance

Explanation

Sections 54 and 55 of the Coroners and Justice Act 2009 require a loss of self-control caused by a qualifying trigger, and the objective test that a person of the defendant's sex and age with a normal degree of tolerance and self-restraint might have reacted in the same way. The defence is excluded where the defendant acted in a considered desire for revenge.

Question 37Criminal Litigation

Which of the following best describes the mens rea of murder as established in R v Woollin?

  1. Malice aforethought in the sense of ill will towards the victim
  2. Negligence as to the victim's death
  3. Intention to kill or cause grievous bodily harm, where foresight of a virtual certainty is evidence from which the jury may infer intention Correct answer.
  4. Recklessness as to death or serious harm

Explanation

Murder requires malice aforethought, meaning an intention to kill or to cause grievous bodily harm. Following R v Woollin, foresight of death or serious harm as a virtual certainty is not itself intention but is evidence from which the jury may infer it.

Question 38Criminal Litigation

A defendant is charged with theft. Which of the following correctly states the requirement of dishonesty following R v Ivey?

  1. Dishonesty requires proof that the defendant knew the taking was unlawful
  2. Dishonesty is presumed unless the defendant proves otherwise
  3. Dishonesty is assessed by the objective standards of ordinary decent people, with the defendant's knowledge or belief relevant to whether those standards were met Correct answer.
  4. Dishonesty is a question of law for the judge alone

Explanation

In R v Ivey the Supreme Court confirmed that dishonesty is judged by the objective standards of ordinary decent people, and that the defendant's knowledge or belief is relevant to whether those standards were met. Section 2 of the Theft Act 1968 provides specific situations where a person is not dishonest.

Question 39Criminal Litigation

A defendant is charged with assault occasioning actual bodily harm. The prosecution wishes to adduce evidence that the defendant previously assaulted the same complainant. Which gateway under the Criminal Justice Act 2003 is most directly engaged?

  1. Section 101(1)(d), evidence relevant to an important matter in issue between the parties Correct answer.
  2. Section 101(1)(b), evidence adduced by the prosecution in response to an attack on another person's character
  3. Section 101(1)(g), evidence of a previous acquittal
  4. Section 101(1)(a), evidence adduced by the defendant

Explanation

Evidence of a previous assault on the same complainant may be relevant to an important matter in issue, such as identity or propensity, and is most directly considered under section 101(1)(d). The court retains a discretion to exclude it where admission would be unfair.

Question 40Criminal Litigation

Which of the following is a recognised gateway for the admission of hearsay evidence under the Criminal Justice Act 2003?

  1. The statement is in writing
  2. The maker of the statement is a prosecution witness
  3. The maker of the statement is unavailable to give evidence for a reason such as death or illness Correct answer.
  4. The statement was made to a police officer

Explanation

Section 116 of the Criminal Justice Act 2003 permits hearsay where the maker is unavailable for specified reasons, including death, illness, or fear. Other gateways include the interests of justice under section 114(1)(d) and business documents under section 117.

Question 41Criminal Litigation

A witness who is due to testify is genuinely terrified of giving evidence because of intimidation by associates of the defendant. Which of the following best describes the court's approach to admitting her written statement?

  1. The statement may only be admitted if the defence consents
  2. The court may admit it as hearsay under section 116(2)(e) of the Criminal Justice Act 2003 where fear prevents attendance, subject to the interests of justice Correct answer.
  3. The statement is automatically inadmissible because it is hearsay
  4. The statement may only be admitted if the witness is cross-examined by video link

Explanation

Section 116(2)(e) of the Criminal Justice Act 2003 permits admission of a statement where the maker does not give oral evidence because of fear, provided the court considers it in the interests of justice to admit it. The court retains a discretion, and section 78 PACE may also be relevant.

Question 42Criminal Litigation

What is the principal purpose of serving a witness statement under section 9 of the Criminal Justice Act 1967 in criminal proceedings?

  1. To replace the need for any disclosure by the prosecution
  2. To compel the witness to attend court
  3. To provide the witness with legal advice
  4. To allow the evidence to be read at trial without the witness attending, if the other parties do not object Correct answer.

Explanation

Section 9 of the Criminal Justice Act 1967 permits a written statement to be read as evidence at trial if it is served on the other parties and no objection is made within the prescribed period. It is a mechanism for agreeing evidence, not a substitute for disclosure.

Question 43Criminal Litigation

A suspect is detained at the police station. What is the general maximum period of detention without charge under PACE before a warrant of further detention is required?

  1. 24 hours, extendable by a superintendent to 36 hours and by a magistrates' court up to a maximum of 96 hours Correct answer.
  2. 72 hours, extendable by the custody officer
  3. 48 hours, extendable indefinitely by the police
  4. 12 hours, with no possibility of extension

Explanation

Section 41 PACE provides that a person shall not be kept in police detention for more than 24 hours without being charged. A superintendent may extend this to 36 hours, and a magistrates' court may authorise further detention up to a maximum of 96 hours.

Question 44Criminal Litigation

A defendant is convicted in the Crown Court. What is the time limit for giving notice of appeal to the Court of Appeal (Criminal Division)?

  1. 7 days from the date of sentence
  2. 3 months from the date of conviction
  3. 14 days from the date of conviction
  4. 28 days from the date of conviction or sentence, as specified in the Criminal Procedure Rules Correct answer.

Explanation

The Criminal Procedure Rules require notice of appeal to the Court of Appeal (Criminal Division) to be given within 28 days of the conviction or sentence appealed against. An extension may be sought, but the court expects prompt compliance.

Question 45Criminal Litigation

An appellant wishes to appeal against conviction from the Crown Court to the Court of Appeal (Criminal Division). What must the Court of Appeal generally be satisfied of before allowing the appeal?

  1. That the sentence was too lenient
  2. That the conviction is unsafe Correct answer.
  3. That the trial judge made any error of law
  4. That the jury disagreed on a point of law

Explanation

Section 2 of the Criminal Appeal Act 1968 requires the Court of Appeal to allow an appeal against conviction where it thinks the conviction is unsafe. Errors of law and procedural irregularities are relevant only insofar as they render the conviction unsafe.

Question 46Criminal Litigation

When determining sentence, which of the following is a statutory purpose the court must have regard to under the Criminal Justice Act 2003?

  1. The financial cost of imprisonment to the public
  2. The preferences of the victim's family
  3. The likelihood of media coverage
  4. The punishment of offenders, the reduction of crime, and the reform and rehabilitation of offenders Correct answer.

Explanation

Section 142 of the Criminal Justice Act 2003 sets out the purposes of sentencing, including punishment, reduction of crime, reform and rehabilitation, protection of the public, and reparation. The court must have regard to these purposes together with the relevant sentencing guidelines.

Question 47Criminal Litigation

A defendant is charged with an offence and the prosecution relies on a confession obtained after an inducement by a police officer. What is the effect of section 76 of PACE?

  1. The confession is admissible only if corroborated by another witness
  2. The court must exclude the confession if it was or may have been obtained by oppression or in consequence of anything said or done likely to render it unreliable Correct answer.
  3. The confession is admissible regardless of how it was obtained
  4. The court has a discretion to exclude the confession only if the defendant gives evidence

Explanation

Section 76(2) PACE requires the court to exclude a confession if the prosecution cannot prove beyond reasonable doubt that it was not obtained by oppression or in consequence of anything said or done likely to render it unreliable. This is a mandatory exclusion rule, distinct from the discretion under section 78.

Question 48Criminal Litigation

Which of the following best describes the test for sending an either-way offence to the Crown Court for trial?

  1. The prosecution alone decides the venue without reference to the court or the defendant
  2. The magistrates' court considers whether the offence is suitable for summary trial, and the defendant may elect Crown Court trial Correct answer.
  3. The court must send every either-way offence to the Crown Court
  4. The defendant alone decides the venue without reference to the court

Explanation

For either-way offences, the magistrates' court determines whether the case is suitable for summary trial having regard to its sentencing powers and the circumstances, and if so the defendant may elect trial in the Crown Court. The prosecution may also represent that the case should be tried in the Crown Court.

Question 49Criminal Litigation

A vulnerable witness is due to give evidence in a Crown Court trial. Which special measure may the court order to assist the witness to give evidence?

  1. Exclusion of the witness's statement from the evidence
  2. Cross-examination by the defendant in person
  3. A direction that the witness give evidence in writing only
  4. Live link or recorded cross-examination under sections 23 to 27 of the Youth Justice and Criminal Evidence Act 1999 Correct answer.

Explanation

The Youth Justice and Criminal Evidence Act 1999 provides a range of special measures, including live links, recorded evidence-in-chief, and recorded cross-examination. The court may also appoint an intermediary and make other directions to facilitate the witness's evidence.

Question 50Criminal Litigation

A defendant is charged with an offence and makes a no comment interview. At trial, the prosecution wishes to rely on the defendant's silence. Which of the following is the correct approach under section 34 of the Criminal Justice and Public Order Act 1994?

  1. The court must draw an adverse inference in every no comment interview
  2. The court may draw such inferences as appear proper where the defendant failed to mention a fact later relied on in defence, and the fact was one that a person could reasonably have been expected to mention Correct answer.
  3. No inference may ever be drawn from silence
  4. An inference may be drawn only if the defendant was not legally represented

Explanation

Section 34 permits the court or jury to draw such inferences as appear proper where the defendant, when questioned under caution, failed to mention a fact later relied on in defence which they could reasonably have been expected to mention. The inference is not automatic and depends on the circumstances.