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

R v Jogee [2016] UKSC 8 overruled Chan Wing-Siu, holding that parasitic accessory liability (secondary liability based on foresight that the principal might commit another offence) was a wrong turn. The correct mental element for secondary liability is intention to assist or encourage the principal's acts.

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

S.4 Fraud Act 2006 requires: (1) occupation of a position expected to safeguard (or not act against) another's financial interests, (2) dishonest abuse of that position, (3) by act or omission, (4) with intent to make a gain or cause a loss. Examples include a trustee exploiting their position or an employee defrauding their employer.

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

R v Brown [1993] AC 212 (sadomasochism case) held that consent is not a defence to the infliction of actual bodily harm or above for reasons of public policy, unless the activity falls within a recognised exception (e.g., surgery, tattooing, sporting activity, rough horseplay).

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

Under PACE 1984 Code C, before a police interview, the suspect must: (1) be cautioned (their right to silence and adverse inference warning), (2) be informed of their right to legal advice, (3) be given a reasonable opportunity to consult a solicitor unless one of the limited exceptions for delay applies.

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

The Full Code Test in the Code for Crown Prosecutors requires: (1) evidential stage — there is sufficient evidence to provide a realistic prospect of conviction (an objective test — would a properly directed jury be more likely than not to convict?), and (2) public interest stage — prosecution is in the public interest.

CILEx Level 6 Practice Test

CILEx Level 6 Practice Test

CILEx L6 Criminal Law & Procedure Advanced