Chapter 1 Multiple choice questions

What is a 'natural person'?

a) A person who has recently become a citizen of the relevant criminal jurisdiction

b) A person or corporation subject to the criminal law

c) A person, as opposed to a corporation, subject to the criminal law

d) A minor, not subject to the criminal law

Can corporations commit crimes?

a) Yes, as corporations have a separate legal personality

b) No

c) Yes, but only specific corporate offences

d) Yes, but only if a human member of the corporation is found individually liable first

What does it mean for D to be 'unfit to plead'?

a) D is clearly guilty and so there is no need for a full criminal trial

b) D is out of the country at the time of trial, and it is not practicable for her to be returned

c) D was insane at the time she committed the offence

d) Because of a disability, D is incapable of being tried within the normal criminal court process

Does the categorisation of an offence element as actus reus or mens rea (or conduct, circumstance, result) change what is required for the offence to be committed?

a) Yes, the categorisation of elements effects the burden of proof

b) No (with the potential exception of inchoate liability, discussed at Chapter 11)

c) Yes, the categorisation of elements effects the standard of proof

d) Yes, the categorisation of elements is always essential

What role does the European Convention on Human Rights play within the criminal law?

a) It is a primary source of European criminal offences and defences, applied through the Human Rights Act

b) It sets out a number of 'rights' that the UK is obliged to protect in the creation and application of the law

c) It has no impact on the criminal law

d) It only applies to criminal offences committed outside of the UK

What is the principle of 'welfare'?

a) This principle promotes the role of law in protecting society from harm

b) This principle requires the criminalisation of all physical harms

c) This principle requires the criminal law to priorities economic considerations

d) This principle focuses on protecting the poor from economic crimes

Does England and Wales have a criminal code (ie, a central criminal law statute detailing general provisions and core offences/defences)?

a) In order to discuss potential reforms of the law

b) Because Law Commission recommendations represent the current law

c) Because Law Commission's recommendations will always be taken forward into legislation

d) In order to identify government policy

What is the difference between domestic criminal law (the focus of this textbook) and international criminal law?

a) There is no difference

b) International criminal law refers to offences that lots of countries criminalise (eg, murder)

c) Domestic criminal law is the criminal law as it applies within individual jurisdictions. International criminal law is law that applies across jurisdictions and is controlled by the International Criminal Court.

d) International criminal law is criminal law that governs non-jurisdictional spaces only

What do we mean by the internal structure of an offence?

a) The source of law (eg, statutory or common law)

b) Whether an offence can be committed by omission

c) Whether an offence is in force

d) The elements of an offence (eg, actus reus and mens rea)

What is the circumstance element of an offence?

a) Any factual circumstances required for the offence, including any corresponding mens rea

b) Why D committed the offence

c) Any consequences of D's action/omission required for the offence, including any corresponding mens rea

d) Any physical acts or omissions required for the offence, including any corresponding mens rea

What is a common law offence or defence?

a) An offence/defence defined in case law only

b) An offence/defence that has been interpreted in the courts

c) An offence/defence defined in statute

d) An offence/defence that remains undefined

What is the age of criminal responsibility in England and Wales?

a) 9

b) 10

c) 12

d) 14

What is a 'failure to prevent' offence in the context of corporate liability?

a) Offences targeting a corporations failure to provide adequate procedures and mechanisms to prevent harms caused by those throughout the corporation

b) It is another term used to describe omissions liability

c) Offences targeting a corporations failure to assist police with their enquiries

d) Offences targeting a corporations failure to report criminal offences committed by its employees

What is the result element of an offence?

a) Any physical acts or omissions required for the offence, including any corresponding mens rea

b) How D will be punished

c) Any factual circumstances required for the offence, including any corresponding mens rea

d) Any consequences of D's action/omission required for the offence, including any corresponding mens rea

What is a 'trial of the facts'?

a) A trial to determine whether D committed the acts or omissions required for the offence charged (where D is unfit to plead)

b) A trial to determine whether D is unfit to plead

c) A trial to determine whether D was insane at the time the offence was committed

d) A trial to determine whether D committed the offence charged, but without D's involvement (where D is unfit to plead)

What is the principle of 'fair warning'?

a) This principle requires the court to be informed of a new case within a timely fashion

b) This principle requires clear communication of the law to the public

c) This principle requires all new offences to be fair

d) This principle requires all new offences to be debated in Parliament

What is the principle of 'autonomy'?

a) This principle focuses on the separation of powers between parliament and the courts

b) This principle allows parliament to legislate as they like on criminal matters

c) This principle promotes everyone's (excluding D's) right to be free to act and pursue goals unrestrained

d) This principle promotes everyone's (including D's) right to be free to act and pursue goals unrestrained

What do we mean by the 'principles of criminal law'?

a) A set of the most important criminal offences. For example, murder and rape

b) The religious rules that underpin the criminal law. For example, 'thou shalt not kill'

c) Non-binding aims of the criminal law. For example, the principle of autonomy reminds us

d) A terms used simply to refer to all criminal rules

What is the principle of 'fair labelling'?

a) This principle requires offences to be labelled in a way that stigmatises D to the greatest extent

b) This principle requires offences to be labelled in a way that stigmatises D to the least extent

c) This principle requires offences to be labelled from a victim perspective

d) This principle requires accurate correlation between the name of an offence and the conduct it criminalises

What is the conduct element of an offence?

a) The description of what a defendant has done, including any corresponding mens rea

b) Any factual circumstances required for the offence, including any corresponding mens rea

c) Any physical acts or omissions required for the offence, including any corresponding mens rea

d) Any consequences of Ds action/omission required for the offence, including any corresponding mens rea

Why do we examine recommendations from the Law Commission?

a) Yes

b) Yes, but it only contains a few offences

c) Yes, but most offences are still defined at common law

d) No

Should the terms 'actus reus' and 'mens rea' be used when discussing the elements of a defence?

a) No

b) Yes

c) Only actus reus should be used

d) Only mens rea should be used

true

false

What do we mean by the 'substantive criminal law'?

a) Any legal rules relating to crime

b) The law on how to prove criminal offences

c) The elements of criminal offences and defences

d) The court processes in relation to crime

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