CILEx L6 Advanced Criminal Practice

Question 1

Under the Criminal Justice Act 2003, what is the test for admitting evidence of a defendant's bad character?

Accepted Answer

Bad character evidence is admissible through one of seven 'gateways' in s.101(1), and the court must consider whether admitting the evidence would have such an adverse effect on the fairness of proceedings that it ought not to be admitted

Answer

Bad character evidence is always admissible to show propensity

Answer

Bad character evidence is never admissible in criminal proceedings

Answer

Bad character evidence is only admissible if the defendant raises their own good character

Question 2

What constitutes the mens rea for murder under English law, as established in R v Woollin [1999]?

Accepted Answer

An intention to kill or cause grievous bodily harm, where intention includes a virtual certainty that death or GBH would result from the defendant's actions, so appreciated by the defendant

Answer

An intention to cause any harm to the victim

Answer

Recklessness as to whether death would result

Answer

Gross negligence as to the risk of death

Question 3

Under the Sentencing Act 2020, which purposes of sentencing must a court have regard to when sentencing an adult offender?

Accepted Answer

The punishment of offenders, the reduction of crime (including by deterrence), the reform and rehabilitation of offenders, the protection of the public, and the making of reparation by offenders

Answer

Punishment only

Answer

Deterrence and incapacitation only

Answer

Rehabilitation and restorative justice only

Question 4

In relation to the partial defence of loss of control under ss.54-56 Coroners and Justice Act 2009, which of the following is a qualifying trigger?

Accepted Answer

A fear of serious violence from the victim against the defendant or an identified person, or circumstances of an extremely grave character that caused the defendant to have a justifiable sense of being seriously wronged

Answer

A desire for revenge

Answer

Any emotional disturbance experienced by the defendant

Answer

Intoxication causing the defendant to lose self-control

Question 5

What is the legal test for dishonesty in criminal law following the Supreme Court's decision in Ivey v Genting Casinos [2017]?

Accepted Answer

A single objective test: the court determines what the defendant actually knew or believed about the facts, then decides whether that conduct was dishonest by the standards of ordinary decent people

Answer

The two-stage Ghosh test requiring both an objective and subjective element

Answer

A purely subjective test based on the defendant's own moral standards

Answer

Dishonesty is presumed whenever a person acts for financial gain

Question 6

Under the Police and Criminal Evidence Act 1984 (PACE), what is the consequence of a significant and substantial breach of Code C during a suspect's detention and interview?

Accepted Answer

The court has discretion under s.78 PACE to exclude evidence if admitting it would have such an adverse effect on the fairness of proceedings that it ought not to be admitted

Answer

Any evidence obtained is automatically inadmissible

Answer

The case must be dismissed

Answer

The breach has no effect on the admissibility of evidence