Question 1

Which of the following is an either way offence?

Accepted Answer

A)   Assault
B)   Murder
C)   Theft
D)   Robbery C

Question 2

Which of the following is NOT a regulatory offence?

Accepted Answer

A)   Failure to pay income tax
B)   Driving without due care and attention
C)   Burglary
D)   Failure to maintain a safe system of work C

Question 3

Which of the following represents the ratio of Woolmington [1935]?

Accepted Answer

A)   A person wishing to rely on a defence must prove it.
B)   The legal burden of proof is on the prosecution on a balance of probabilities.
C)   A defendant who has committed a guilty act must be presumed guilty.
D)   The legal burden of proof is on the prosecution beyond all reasonable doubt subject to the defence of insanity and certain statutory defences. D

Question 4

Which Article of the European Convention on Human Rights protects the right to privacy?

Accepted Answer

A)   Article 11
B)   Article 7
C)   Article 10
D)   Article 8

Question 5

In relation to which section of the Human Rights Act 1998 must all legislation, if possible, be interpreted so as to be compatible with the ECHR?

Accepted Answer

A)   S3.
B)   S6.
C)   S7.
D)   S1.

Question 6

In terms of criminal law theory, what is the fundamental rationale for criminalizing conduct?

Accepted Answer

A)   Immorality
B)   Harm to others or to oneself
C)   Anti-social conduct
D)   Dishonesty

Question 7

The prosecution wish to appeal on a point of law from a case heard at the High Court on appeal from the magistrates' court.
To which court should they appeal?

Accepted Answer

A)   The Supreme Court
B)   Court of Appeal
C)   Crown Court
D)   Divisional Court

Question 8

Which Article of the European Convention on Human Rights protects the presumption of innocence?

Accepted Answer

A)   Article 2
B)   Article 3
C)   Article 6
D)   Article 5

Question 9

Which of the following cases were NOT concerned with the inter-relationship of the criminal law and morality?

Accepted Answer

A)   Shaw
B)   Knuller
C)   Brown
D)   R (on the application of McCann)  v Manchester Crown Court

Question 10

What is the hearing called for determining jurisdiction in the magistrates' court for an offence triable either way?

Accepted Answer

A)   Committal proceedings
B)   Plea and Case Management Hearing
C)   Plea before Venue
D)   Mode of Trial

Exam 1: Introduction and General Principles