Evidence and the Criminal Trial

Evidence and the Criminal Trial: Multiple choice practice 2019 BURDEN OF PROOF Which one of the following statements is the most correct in a criminal trial ? 1. The legal burden on the prosecution is to prove the case on the balance of probabilities 2. When the legal burden rests on the prosecution it must prove the case so that the tribunal is certain of guilt 3. The legal burden will often rest with the defence depending on the nature of the case 4. When the legal burden rests on the prosecution it must prove the case so that the tribunal is sure of guilt DIRECT AND CIRCUMSTANTIAL EVIDENCE Which one of the following statements is the most correct? 1. Direct evidence is evidence which is relevant 2. All relevant evidence is placed before the court at trial 3. Circumstantial evidence can be of equal strength to direct evidence 4. Evidence of motive is generally inadmissible circumstantial evidence Which of the following statements is the least correct ? 1. A relevant fact is a fact from which the existence or non-existence of a fact in issue may be inferred. 2. The evidence of an accomplice against an accused must be corroborated by other evidence 3. The admissibility of evidence is a matter of law for the judge 4. Corroboration will be required in cases of perjury Which one of the following statements is the least correct ? 1. Circumstantial evidence may sometimes be as conclusive as direct evidence 2. The criminal standard of proof is that the prosecution must make the jury sure of guilt 3. There are no occasions in our legal system when the onus of proof rests with the accused rather than with the prosecution. 4. Relevant facts might be described as facts from which the existence or non existence of a fact in issue may be inferred. Which one of the following statements is the most correct ? 1. All relevant evidence is admissible. There is no judicial discretion to exclude it at common law. 2. Evidence obtained by torture will be admissible if other evidence is overwhelming. 3. There is a common law discretion to exclude evidence whose prejudicial effect might result in a denial of a fair trial 4. Evidence obtained by way of an unlawful search will always be admissible if relevant Which one of the following statements is the most correct ? 1. Section 78 PACE cannot be used by the defence who seek to ensure that evidence obtained in breach of a PACE Code is placed before the Court 2. Abuse of process arguments are not appropriate where relevant cctv evidence is lost by the prosecution 3. Abuse of process arguments might be appropriate if the trial is delayed due to the fault of the prosecution 4. Abuse of process arguments can never be made when evidence has been obtained unlawfully Which one of the following statements is the least correct ? 1. Evidence obtained by entrapment might be excluded under s. 78 PACE 1984 2. Evidence obtained by entrapment might be excluded following an abuse of process argument 3. Article 6 ECHR might be raised in a defence submission relating to the exclusion of evidence in a case involving evidence gained by entrapment 4. Entrapment is a defence in England Confessions might be ruled to be inadmissible under the terms of s76 PACE 1984 1. In consequence of anything said which is “ conducive to unreliability” 2. Due to oppression 3. In consequence of anything done which is “ conducive to unreliability” 4. Due to the illegality of the interrogation R v Condron and Condron (1997) 1 WLR 827,CA is authority for which one of the following ? 1. Entrapment is no defence to a criminal charge 2. Bare assertion by an accused that he did not answer questions because he was advised by solicitors not to do so is unlikely to prevent an adverse inference from being drawn 3. Delay can constitute an abuse of process 4. The meaning of oppression is best derived from its dictionary definition Which one of the following statements is the least correct ? 1. If the defence advocate refers to the consequences of a verdict, the judge should instruct the jury that such matters are not their concern 2. The defence should not refer to the likely consequences of a conviction in terms of punishment since sentencing is no concern of the jury 3. Prosecutors and defenders should not allude to alleged facts or other matters which have not been the subject of evidence 4. CrimPR 25.9(2)(c) The judge may not invite counsel concisely to identify what is in issue in order to assist the jury, following the prosecution opening Statute protects certain categories of witness from cross-examination by an accused in person. Which one of the following most closely identifies an example of when a witness is not afforded such protection? a. When a person charged with a sexual offence proposes to cross examine in person the complainant b. When a person proposing to cross examine a witness, is charged with a threat to injury and the witness is a “protected witness” c. When a person proposing to cross examine a witness, is charged with assault and the witness is a “protected witness” d. When a person proposing to cross examine a witness, is charged with theft and the witness is a “protected witness” Section 16 of the Youth Justice and Criminal Evidence Act 1999 provides that certain “vulnerable “witnesses are eligible for assistance by way of special measures. Which one of the following witnesses is least likely to fall within this provision? a. A witness under 18 at the time of the hearing b. A witness who has a significant impairment of intelligence c. A witness who has a physical disability d. An accused who has a physical disability The case of Hanson[2005] 1 WLR 3169 is authority for which one of the below contentions ? 1.There is no minimum number of events necessary to demonstrate propensity in bad character considerations ; though the fewer the number of convictions, the weaker was likely to be the evidence of propensity. 2.Evidence obtained improperly must be carefully scrutinised 3. One previous conviction can never demonstrate propensity when considering the admissibility of bad character evidence 4. A delay in proceedings can constitute an abuse of process Which of these is the most likely NOT to be hearsay 1. I see an incident and give evidence on oath about it 2. I see an incident and another wants to read a letter I have written about it to the court 3. I see an incident and record my statement and the court plays that 4. I see an incident, tell another about it and that other tells the court what I told them The statutory definition of hearsay is the most accurately described as which of the below ? 1. A statement which is not admitted for a relevant purpose 2. A statement not made to establish any matter stated 3. A statement not made in oral evidence and admissible as evidence of any matter stated 4. A statement not made in oral evidence and admissible as relevant Which of the following is not a case discussing when fear might fall within s116(2) CJA 2003? R v Horncastle [2009] R v Riat [2013] Neil v North Antrim Mags Court(1993) R v Loosely(2001) If a witness says that she is in fear of testifying against her violent husband how could her evidence be admitted despite the hearsay rule ? Pick one of the below options : 1. Under the special measures provisions of the YJCEA 1999 2. Utilising s116 (2) CJA 2003 3. Utilising s78 PACE 1984 4. Utilising s101 CJA 2003 Which of the following is NOT a proposition which can be understood from the Turnbull case ? 1. Mistaken witnesses can be convincing. 2. A number of witnesses can be mistaken 3. Judge must warn jury of the special need for caution before convicting the accused in reliance on identification evidence 4. There can never be a conviction based on the identification evidence of one witness alone Which of the following is NOT to be found in Code D relating to identification parades ? 1. Witnesses shall be brought in one at a time to view the parade 2. The witness must be told they should not make any decision about whether the person they saw is on the identification parade until they have looked at each member at least twice. 3. The identification parade shall consist of at least ten people 4. Witnesses shall be told that the person they saw on a specified earlier occasion may, or may not, be present Which one of the below statements best describes the principle enshrined in s78 PACE 1984? 1. The admission of the evidence would be so prejudicial that it should be excluded 2. The admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. 3. The admission of the evidence would undermine the integrity of the proceedings 4. The admission of the evidence would constitute an abuse of process Which of the below statements best describes “unused material” under the disclosure regime ? 1.Material which is relevant to the investigation but which does not form part of the prosecution case against the accused 2.Material which is irrelevant to the investigation 3. Material which is relevant to the investigation and which undermines the prosecution case against the accused 4. Material which is relevant to the investigation and which forms part of the prosecution case against the accused