BPTC Criminal Litigation 1 — Questions and Answers
Question 1: Under PACE 1984, how long may the police detain a suspect without charge before needing authorisation?
- 12 hours
- 24 hours (Correct answer)
- 36 hours
- 48 hours
Correct answer: 24 hours
PACE 1984 s.41 permits detention without charge for up to 24 hours from arrival at the police station, after which further detention requires a superintendent's authorisation.
Question 2: Which court deals exclusively with summary offences?
- Crown Court
- Magistrates' Court (Correct answer)
- High Court
- County Court
Correct answer: Magistrates' Court
Summary offences are the least serious category and are tried only in the magistrates' court without a jury.
Question 3: What is the standard of proof required to convict in a criminal trial?
- Balance of probabilities
- Beyond reasonable doubt (Correct answer)
- Prima facie case
- Clear and convincing evidence
Correct answer: Beyond reasonable doubt
The prosecution must prove guilt beyond reasonable doubt (so that the jury is sure), which is the highest standard of proof in English law.
Question 4: A 'either-way' offence can be tried in which courts?
- Only the Crown Court
- Either the magistrates' court or the Crown Court (Correct answer)
- Only the High Court
- Either the Crown Court or the Court of Appeal
Correct answer: Either the magistrates' court or the Crown Court
Either-way offences are triable in the magistrates' court or, if the defendant elects or magistrates decline jurisdiction, in the Crown Court.
Question 5: Under the CPIA 1996, what is the prosecution's primary disclosure obligation?
- To disclose all evidence it intends to rely on at trial
- To disclose unused material that might reasonably assist the defence or undermine the prosecution (Correct answer)
- To serve all witness statements on the defence
- To disclose the defendant's previous convictions
Correct answer: To disclose unused material that might reasonably assist the defence or undermine the prosecution
The CPIA 1996 requires the prosecution to disclose any unused material that might reasonably be considered capable of undermining its case or assisting the defence.
Question 6: What is the effect of a 'special measures direction' under the Youth Justice and Criminal Evidence Act 1999?
- It allows defendants with learning difficulties to have an intermediary
- It allows vulnerable or intimidated witnesses to give evidence in a way that reduces the stress of court proceedings (Correct answer)
- It excludes the public from the courtroom
- It permits hearsay evidence from absent witnesses
Correct answer: It allows vulnerable or intimidated witnesses to give evidence in a way that reduces the stress of court proceedings
Special measures such as screens, live link, and pre-recorded cross-examination help vulnerable or intimidated witnesses give their best evidence.
BPTC Criminal Litigation 1
Under PACE 1984, how long may the police detain a suspect without charge before needing authorisation?