CILEx L6 Criminal Law & Procedure Advanced

Question 1

What did the Supreme Court decide in R v Jogee [2016] regarding joint enterprise liability?

Accepted Answer

The Privy Council in Chan Wing-Siu [1985] had incorrectly introduced 'parasitic accessory liability'; the mental element requires intention to assist or encourage the principal's act, not mere foresight of what might be done

Answer

Mere foresight that the principal might commit an offence is sufficient for secondary liability

Answer

Joint enterprise was abolished by Jogee

Answer

Secondary liability requires presence at the scene of the crime

Question 2

What are the elements of the offence of fraud by abuse of position under s.4 Fraud Act 2006?

Accepted Answer

Occupying a position in which one is expected to safeguard the financial interests of another, dishonestly abusing that position with intent to make a gain or cause a loss

Answer

Any abuse of a position of trust in commercial dealings

Answer

Misrepresenting one's position to gain financial advantage

Answer

Using a professional position to access confidential information for personal gain

Question 3

What is the defence of 'consent' in the context of the offence of battery, and what limits exist (R v Brown [1993])?

Accepted Answer

Consent is a defence to battery but cannot be a defence where the activity involves the deliberate infliction of actual bodily harm or worse, unless a recognised exception applies (Brown)

Answer

Consent is always a complete defence to any level of violence

Answer

Consent is irrelevant to the law of battery

Answer

Consent is a defence where both parties are adults and the activity is private

Question 4

What are the PACE 1984 Code C requirements before a police interview?

Accepted Answer

The suspect must be cautioned, informed of their right to legal advice, and given the opportunity to consult a solicitor before the interview

Answer

Police must record the interview but no caution is required for voluntary interviewees

Answer

The suspect must be formally charged before any interview takes place

Answer

Police can interview a suspect without restriction in the first 6 hours of detention

Question 5

What is the threshold for charging a suspect under the Code for Crown Prosecutors?

Accepted Answer

The Full Code Test: there is sufficient evidence to provide a realistic prospect of conviction and prosecution is in the public interest

Answer

There is any evidence that a crime was committed

Answer

The police have arrested the suspect and taken a witness statement

Answer

A judge has issued a warrant for the suspect's arrest

Question 6

What is 'abuse of process' in criminal proceedings and what remedy is available?

Accepted Answer

Conduct that would bring the administration of justice into disrepute or cause serious prejudice to the defendant; the remedy is a stay of proceedings

Answer

Any procedural error in criminal proceedings

Answer

Any breach of the defendant's human rights during investigation

Answer

The prosecution's use of evidence obtained in breach of PACE