SQE2 Criminal Litigation 2

Question 1

Under section 3 of the Criminal Procedure and Investigations Act 1996 (CPIA), what is the prosecution's initial disclosure obligation?

Accepted Answer

To disclose unused material that might reasonably be considered capable of undermining the prosecution case or assisting the defence case

Answer

To disclose all material gathered during the investigation to the defence

Answer

To disclose witness statements and exhibits only upon request by the defence

Answer

To provide disclosure only after the defence has served its defence statement

Question 2

Under section 101 of the Criminal Justice Act 2003 (CJA 2003), how may evidence of a defendant's bad character be admitted?

Accepted Answer

Through one of the seven statutory gateways set out in section 101(1) of the CJA 2003

Answer

Only with the express consent of the defendant at any stage of proceedings

Answer

It can never be admitted as it would be unduly prejudicial to the defendant

Answer

Only where the bad character relates to the identical type of offence currently charged

Question 3

Under section 5 of the CPIA 1996, what must a defence statement served in Crown Court proceedings contain?

Accepted Answer

The nature of the defence, any point of law the defendant wishes to take, and details of any alibi

Answer

A list of all witnesses the defence intends to call at trial

Answer

A schedule of all documents held by the solicitor

Answer

A written admission of any facts not in dispute

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?

Accepted Answer

96 hours

Answer

24 hours

Answer

36 hours

Answer

72 hours

Question 5

Under the Youth Justice and Criminal Evidence Act 1999, what are 'special measures' in criminal proceedings?

Accepted 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

Answer

Directions permitting the prosecution to withhold sensitive public interest material from disclosure

Answer

Emergency injunctions available in criminal proceedings to protect victims

Answer

Special procedures for managing terrorism or serious fraud trials

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?

Accepted 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)

Answer

Whenever a witness fails to attend court, without further consideration

Answer

Only with the agreement of both prosecution and defence

Answer

Only where the hearsay relates to a matter admitted by the defendant

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?

Accepted Answer

The court may draw adverse inferences, and the prosecution and co-defendants may comment on the failure at trial

Answer

The defendant is automatically convicted of the offence charged

Answer

The case is stayed as an abuse of process

Answer

The defence loses its right to cross-examine prosecution witnesses