BPTC Evidence

Question 1

What is the general rule on hearsay evidence in criminal proceedings under the Criminal Justice Act 2003?

Accepted Answer

Hearsay is admissible only if it falls within a statutory or common law exception

Answer

Hearsay is always admissible

Answer

Hearsay is always inadmissible

Answer

Hearsay is admissible with the consent of both parties

Question 2

Which section of PACE 1984 gives the court a discretion to exclude prosecution evidence where its admission would have an adverse effect on the fairness of proceedings?

Accepted Answer

Section 78

Answer

Section 76

Answer

Section 82

Answer

Section 58

Question 3

What is the legal test for relevance of evidence?

Accepted Answer

The evidence makes a fact in issue more or less probable than it would be without the evidence

Answer

The evidence must directly prove the facts in issue

Answer

The evidence must be corroborated by independent sources

Answer

The evidence must be documentary

Question 4

Which of the following best describes 'similar fact evidence'?

Accepted Answer

Evidence of the defendant's past misconduct that is so similar to the current charge that it is relevant and not merely prejudicial

Answer

Evidence that the defendant committed the offence with a similar motive to a co-defendant

Answer

Evidence from a witness who is similarly placed to the victim

Answer

Evidence that proves the defendant's guilt by comparison with national crime statistics

Question 5

Oral evidence given in court is admissible only if the witness takes:

Accepted Answer

An oath or affirms that they will tell the truth

Answer

A professional oath only

Answer

A written declaration the day before trial

Answer

An oath administered by the trial judge personally

Question 6

The rule in 'Makin v Attorney-General for New South Wales [1894]' established that:

Accepted Answer

Evidence of past bad acts is inadmissible to show propensity but may be admissible for other purposes such as rebutting a defence of accident

Answer

Confessions obtained by oppression are inadmissible

Answer

Expert evidence is admissible only with court permission

Answer

Hearsay evidence is inadmissible in criminal trials