BPTC Criminal Litigation

Question 1

Under PACE 1984, how long may the police detain a suspect without charge before needing authorisation?

Accepted Answer

24 hours

Answer

PACE 1984 s.41 permits detention without charge for up to 24 hours from arrival at the police station, after which further detention requires a superintendent's authorisation.

Question 2

Which court deals exclusively with summary offences?

Accepted Answer

Magistrates' Court

Answer

Summary offences are the least serious category and are tried only in the magistrates' court without a jury.

Question 3

What is the standard of proof required to convict in a criminal trial?

Accepted Answer

Beyond reasonable doubt

Answer

The prosecution must prove guilt beyond reasonable doubt (so that the jury is sure), which is the highest standard of proof in English law.

Question 4

A 'either-way' offence can be tried in which courts?

Accepted Answer

Either the magistrates' court or the Crown Court

Answer

Either-way offences are triable in the magistrates' court or, if the defendant elects or magistrates decline jurisdiction, in the Crown Court.

Question 5

Under the CPIA 1996, what is the prosecution's primary disclosure obligation?

Accepted Answer

To disclose unused material that might reasonably assist the defence or undermine the prosecution

Answer

The CPIA 1996 requires the prosecution to disclose any unused material that might reasonably be considered capable of undermining its case or assisting the defence.

BPTC Practice Test

BPTC Practice Test

BPTC Criminal Litigation