Chapter 1 Self-test questions

What is the single, agreed, criterion for deciding what "should" be deemed to be criminal?

The criterion of social harm.

The criterion of restorative justice.

There is no such criterion.

The criterion of the nature of the conduct.

Should we criminalise all "wrongs"?

No, because not all wrongs can be proven in court.

Yes, because some harm has been caused.

Yes, because all wrongs can do some damage.

No, because it should be proportionate to their context.

How do we go about proving the commission of a crime?

By using the principles of evidential practice to make out the requisite substantive elements of the offence.

By using the principles of substantive law to consider solely the elements of the offence itself.

By using solely elements of physical evidence.

By using factual proof from the evidence in the case.

What is the criminal standard of proof?

Beyond all reasonable doubt.

Beyond reasonable doubt.

On the balance of probabilities.

The most likely probably truth.

What is the principal difference between civil and criminal law?

That their hearings always take place in wholly different courts.

That civil law focusses on compensation for wrongs, whereas criminal law focussed on punishment of wrongs by prosecution.

That civil law is relevant to more situations than criminal law.

That the aims and elements of criminal law are usually clearer than those of civil law.

What are the advantages of statute law over common law precedent?

It is easier to find online, and therefore more well-known.

It is "better" law and therefore more likely to be obeyed.

It is more binding on citizens and therefore more likely to be obeyed.

It is more accountably created, and more publicly accessible.

Which of the following is true about common law?

It can be used to create new offences, but only in some cases.

It cannot be used to create or abolish new offences or defences.

It can be used to create new offences, but not defences.

It can be used to create new defences, but not offences.

Why is the European Convention on Human Rights (ECHR) applicable in the domestic courts of England and Wales?

Because Brexit preserved the key parts of the HRA 1998 law.

Because the HRA 1998 and ECHR rights are very important in law.

Because the HRA 1998 applies the ECHR to the domestic courts.

Because the HRA 1998 applies the ECHR as part of EU law.

In which areas of criminal law does the EU have most influence?

Homicides.

Cross-border crimes.

International war crimes.

Crimes in the devolved jurisdictions.

What is the purpose of the Law Commission?

To suggest legal changes for the courts.

To provide the public with summary reports.

To serve as a national law reform body.

To prompt discussion for the sole purpose of creating debate.

Do we have a Criminal Code in England and Wales?

Yes – it is simply our legislation.

No – because we have Sentencing Guidelines instead.

Yes – by means of Statutory Instruments (SIs).

No – instead, we have statutes and common law precedent.

A crime has two elements, one of which is the actus reus. What is the second?

Intention.

Recklessness.

Mens rea.

Res ipsa loquitur.

What purpose does a defence serve, in law?

Keeps defendants out of trouble with the courts.

Provides some reason, justification or excuse for the crime.

Provides defendants with a sense of justice.

Provides the reasoning for mitigation in sentencing.

Which of the following are three possible elements of an actus reus and mens rea?

Conduct; circumstance; result.

Confirmation; criticism; rule.

Constitution; crisis; reform.

Crime; condition, regulation.

Why do we have general principles of substantive criminal law?

To provide guidance to civil servants.

To facilitate the writing of academic articles.

To ensure that the law is free from doubt.

To provide ideals and aims underpinning the substantive law.

What does the principle of fair warning require?

Clear communication of the law to the jury.

Clear communication of the law to Parliament.

Clear communication of the law to the public.

Clear communication of the law to the press.

What does the principle of fair labelling require?

Accurate classification of the defendant as a "criminal" after conviction.

Accurate and clear statutory drafting for ease of public comprehension and access.

Accurate correlation between the name of an offence and the conduct it criminalises.

Accuracy and consistency in the application of Sentencing Guidelines.

How can we broadly define the principle of autonomy?

The principle of minimum criminalisation.

The principle of doing as we wish at all times.

The principle of authorising certain actions.

The principle of behaving socially responsibly.

How can we define the principle of welfare?

That the CPS should provide support for victims.

That legal aid should be available to defendants.

That the law should protect society from harm.

That suspects in custody should be checked on regularly.

Who can generally be found liable for a criminal offence?

Legal persons only.

Natural persons only.

Persons in being.

Natural and legal persons.

Who can be found criminally liable for murder?

Natural persons only.

Natural and legal persons.

Legal persons only.

Persons in being.

What is the definition of vicarious liability?

A form of mens rea in criminal liability for corporate manslaughter.

A form of strict liability arising in the course of an employee acting in the course of their duties.

When the liability of an employee, acting in the course of their duties, can be attributed to the organisation for whom they are working.

When the liability of a corporation results solely in individual criminal charges for its employees, acting in the course of their duties.

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

10 years old.

12 years old.

13 years old.

16 years old.

When is a defendant said to be "unfit to plead"?

If, because of a disability, they are incapable of being tried within the normal criminal court process.

If, because of a disability, they require an intermediary.

If, because of a disability, they require aids to communication.

If a defendant is temporarily ill in hospital at the time of their scheduled plea hearing.

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