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

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

96 hours

Answer

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?

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

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.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Criminal Litigation 2