Chapter 5 Multiple Choice Questions

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. What best describes a 'formal admission' in criminal proceedings?

It is a statement made by a defendant that is wholly or partly adverse to their interests and must be made to a person in authority. correct incorrect

It is a statement made by a defendant, whether made to a person in authority or not, that is wholly or partly adverse to the defendant's interests. correct incorrect

It is a statement made by a prosecutor or a defendant, or on their behalf, whereby a fact is admitted for the purpose of the proceedings. The admission of any such fact shall, as against the party who makes it, be conclusive evidence of the fact admitted. correct incorrect

It is the statement made by a defendant at the Plea and Case Management Hearing in which the 'bare bones' of the defence case is 'admitted' or disclosed to the prosecution. The Criminal Procedure and Investigations Act 1996 made it a formal requirement of any trial on indictment that the defence should be required to disclose the 'form' of their defence, hence the term 'formal admission'. correct incorrect

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. Once a formal admission has been made in criminal proceedings, it cannot be withdrawn. likelinant is cross-examined to the effect that she has previously made false complaints of

True correct incorrect

False correct incorrect

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. Which of the following may be regarded as 'notorious facts' for the purposes of judicial notice? Please select all that apply.

That criminals have unhappy lives. correct incorrect

That a fortnight is too short a period for human gestation. correct incorrect

That budgerigars enjoy watching colour television. correct incorrect

That Goldfinches are British birds. correct incorrect

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. A child is born to a husband a wife during the subsistence of their marriage. Which of the following facts (if any) will affect the presumption that the child is the legitimate child of the couple, if these facts are proved? Please select all that apply.

Voluntary separation during the marriage. correct incorrect

Commencement of divorce proceedings. correct incorrect

The mother has remarried following the conclusion of divorce proceedings with a decree absolute. correct incorrect

The husband was deceased on the date of conception. correct incorrect

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. Relevant local or general knowledge can be utilised by a court. For example, magistrates or jurors may rely on their local knowledge of a town centre, which might contradict an accused's alibi. likelinant is cross-examined to the effect that she has previously made false complaints of

True correct incorrect

False correct incorrect

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. It will be presumed that the parties to a marriage are validly married on proof of which of the following? Please select all that apply.

That there was issue from the marriage (i.e. children). correct incorrect

That the parties went through a ceremony of marriage. correct incorrect

That notice of the marriage was properly registered in the London Gazette. correct incorrect

That the parties cohabited together. correct incorrect

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. Which of the following is not a primary fact that should be proved in order to establish that a person can be presumed to be dead?

That there are persons likely to have heard of the subject, had he been alive, who have not heard of him during a continuous period of seven years or more. correct incorrect

That an order has been obtained from the Court of Protection, formally requiring the subject to contact and/or present himself at the Registry Office closest to his former residence, within 28 days, and that he has failed to do so. correct incorrect

That there is no acceptable evidence that the subject has been alive at some time during a continuous period of seven years or more. correct incorrect

That all due enquiries have been made with a view to locating the subject, without success. correct incorrect

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. A married person who marries another person during the life of their spouse commits the offence of bigamy, under s. 57 of the Offences Against the Person Act 1861. However, it is a defence to establish that the accused has been continually absent from their spouse for seven years and did not know whether their spouse was alive or dead. likelinant is cross-examined to the effect that she has previously made false complaints of

True correct incorrect

False correct incorrect

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. A married couple is killed in a road accident and it is impossible to tell who died first. For the purposes of the will, it will be presumed that the older died before the younger spouse. That is, it will be presumed they died in order of seniority.likelinant is cross-examined to the effect that she has previously made false complaints of

True correct incorrect

False correct incorrect

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. There is a rebuttable presumption that an 'intoximeter' to measure alcohol in a person's breath is reliable. likelinant is cross-examined to the effect that she has previously made false complaints of

True correct incorrect

False correct incorrect