SQE2 Criminal Litigation 2 — Questions and Answers
Question 1: Under section 3 of the Criminal Procedure and Investigations Act 1996 (CPIA), what is the prosecution's initial disclosure obligation?
- To disclose all material gathered during the investigation to the defence
- To disclose unused material that might reasonably be considered capable of undermining the prosecution case or assisting the defence case (Correct answer)
- To disclose witness statements and exhibits only upon request by the defence
- To provide disclosure only after the defence has served its defence statement
Correct answer: To disclose unused material that might reasonably be considered capable of undermining the prosecution case or assisting the defence case
Section 3 of the CPIA 1996 requires the prosecutor to disclose unused material that in their opinion might reasonably be considered capable of undermining the prosecution case or of assisting the case for the accused.
Question 2: Under section 101 of the Criminal Justice Act 2003 (CJA 2003), how may evidence of a defendant's bad character be admitted?
- Only with the express consent of the defendant at any stage of proceedings
- It can never be admitted as it would be unduly prejudicial to the defendant
- Through one of the seven statutory gateways set out in section 101(1) of the CJA 2003 (Correct answer)
- Only where the bad character relates to the identical type of offence currently charged
Correct answer: Through one of the seven statutory gateways set out in section 101(1) of the CJA 2003
Section 101(1) of the CJA 2003 sets out seven gateways through which bad character evidence of a defendant may be admitted, including where it is relevant to an important matter in issue or where the defendant has made an attack on another person's character.
Question 3: Under section 5 of the CPIA 1996, what must a defence statement served in Crown Court proceedings contain?
- A list of all witnesses the defence intends to call at trial
- The nature of the defence, any point of law the defendant wishes to take, and details of any alibi (Correct answer)
- A schedule of all documents held by the solicitor
- A written admission of any facts not in dispute
Correct answer: The nature of the defence, any point of law the defendant wishes to take, and details of any alibi
Section 5 of the CPIA 1996 requires the defence statement to set out the nature of the defence, indicate the matters of fact on which the defendant takes issue with the prosecution and why, and give particulars of any alibi.
Question 4: Under sections 43 and 44 of the Police and Criminal Evidence Act 1984 (PACE), what is the absolute maximum period a suspect may be detained without charge in connection with a serious offence?
- 24 hours
- 36 hours
- 72 hours
- 96 hours (Correct answer)
Correct answer: 96 hours
Under PACE 1984, the ordinary detention limit is 24 hours, extendable to 36 hours by a superintendent; thereafter a magistrates' court may issue a warrant of further detention, with an absolute maximum of 96 hours from the relevant time.
Question 5: Under the Youth Justice and Criminal Evidence Act 1999, what are 'special measures' in criminal proceedings?
- Directions permitting the prosecution to withhold sensitive public interest material from disclosure
- Procedural measures available to vulnerable or intimidated witnesses to help them give their best evidence, such as live link, screens, and video-recorded evidence (Correct answer)
- Emergency injunctions available in criminal proceedings to protect victims
- Special procedures for managing terrorism or serious fraud trials
Correct answer: Procedural measures available to vulnerable or intimidated witnesses to help them give their best evidence, such as live link, screens, and video-recorded evidence
Sections 16–33 of the Youth Justice and Criminal Evidence Act 1999 provide a range of special measures, including live link, screens, video-recorded evidence-in-chief, and intermediaries, to assist eligible witnesses in giving their best evidence.
Question 6: Under section 114(1)(d) of the Criminal Justice Act 2003, when may hearsay evidence be admitted as a matter of the court's residual discretion?
- Whenever a witness fails to attend court, without further consideration
- Only with the agreement of both prosecution and defence
- Where the court is satisfied that it is in the interests of justice for the statement to be admitted, having regard to the factors in section 114(2) (Correct answer)
- Only where the hearsay relates to a matter admitted by the defendant
Correct answer: Where the court is satisfied that it is in the interests of justice for the statement to be admitted, having regard to the factors in section 114(2)
Section 114(1)(d) of the CJA 2003 provides a residual inclusionary discretion allowing hearsay to be admitted where the court is satisfied it is in the interests of justice, taking into account the non-exhaustive factors listed in section 114(2).
Question 7: Under section 11 of the CPIA 1996, what are the consequences if a defendant fails to serve a defence statement within the prescribed period in Crown Court proceedings?
- The defendant is automatically convicted of the offence charged
- The court may draw adverse inferences, and the prosecution and co-defendants may comment on the failure at trial (Correct answer)
- The case is stayed as an abuse of process
- The defence loses its right to cross-examine prosecution witnesses
Correct answer: The court may draw adverse inferences, and the prosecution and co-defendants may comment on the failure at trial
Section 11 of the CPIA 1996 provides that if the defendant fails to serve a defence statement in time, serves one late, or departs from it at trial, the court or any other party may make such comment as appears appropriate and the court may draw adverse inferences.
SQE2 Criminal Litigation 2
Under section 3 of the Criminal Procedure and Investigations Act 1996 (CPIA), what is the prosecution's initial disclosure obligation?