BPTC Criminal Litigation and Sentencing

Question 1

What is the standard of proof required for the prosecution in a criminal trial in England and Wales?

Accepted Answer

Beyond reasonable doubt

Answer

Balance of probabilities

Answer

Prima facie standard

Answer

Preponderance of evidence

Question 2

Under the Police and Criminal Evidence Act 1984 (PACE), what is the maximum period a person can be detained without charge at a police station for a non-terrorism offence?

Accepted Answer

24 hours, extendable to 36 hours by a superintendent and up to 96 hours by a magistrates' court

Answer

48 hours without any extension

Answer

12 hours with no possibility of extension

Answer

7 days with judicial authorisation

Question 3

Which court has jurisdiction to try indictable-only offences in England and Wales?

Accepted Answer

Crown Court

Answer

Magistrates' Court

Answer

County Court

Answer

Family Court

Question 4

What is the effect of a Newton hearing in criminal proceedings?

Accepted Answer

It resolves a factual dispute between the prosecution and defence after a guilty plea

Answer

It determines whether the defendant is fit to plead

Answer

It decides on bail conditions

Answer

It determines the admissibility of expert evidence

Question 5

Under the Sentencing Act 2020, what is the maximum discount on sentence for a guilty plea entered at the earliest opportunity?

Accepted Answer

One-third (33%)

Answer

10%

Answer

15%

Answer

One-quarter (25%)

Question 6

What are the two elements that the prosecution must prove to establish criminal liability for most offences?

Accepted Answer

Actus reus and mens rea

Answer

Motive and opportunity

Answer

Causation and foreseeability

Answer

Intention and recklessness