* not completed

. Which of the following statements is correct?

The common law discretion is not retained in PACE correct incorrect

Section 78 PACE applies to confession but not to non-confession evidence correct incorrect

There is no rule of law requiring the exclusion of evidence which has been improperly obtained correct incorrect

The common law discretion applies to prosecution as well as defence evidence correct incorrect

* not completed

. To which case does the following scenario apply?
A covert listening device had been planted in a suspect's home and police had unlawfully entered the home to replace batteries. The Court of Appeal held that the evidence should not be excluded. It was authentic, probative and relevant. The quality of the evidence had not been affected by the police action.

Nottingham City Council; v Amin (2001) correct incorrect

R v Chalkley and Jeffries (1998) correct incorrect

R v Smurthwaite (1994) correct incorrect

R v Sang (1980) correct incorrect

* not completed

. Which of the following propositions is correct?

R v Sang (1980) is authority for the proposition that the requirements of Article 6 are compatible with s78 PACE correct incorrect

R v Looseley (2001)is authority for the proposition that the requirements of Article 6 are not compatible with s78 PACE correct incorrect

R v Sang (1980) is authority for the proposition that entrapment is a defence in law correct incorrect

In R v Loosley (2001) it was stated that one consideration in cases of entrapment was whether the police did no more than present the defendant with an unexceptional opportunity to commit a crime correct incorrect

* not completed

. In A v Secretary of State for the Home Department (no2) (2006) the House of Lords held that evidence obtained by torture was not admissible in English courts. Which of the following propositions is correct?

The House cited only Articles 3 and 6 ECHR as authority for this ruling correct incorrect

The House upheld the decision of the Court of Appeal on this issue correct incorrect

The House cited the common law prohibition on torture, Articles 3 and 6 ECHR, and general principles of international law as authority for the proposition correct incorrect

The ruling does not apply to evidence obtained by torture outside the UK correct incorrect

* not completed

. The following list includes the test set out in R v Smurthwaite (1994) for the treatment of evidence allegedly obtained by entrapment. Which item is wrongly included?

Is there an unassailable record of what occurred or is it strongly corroborated? correct incorrect

How active or passive was the officer's role? correct incorrect

What was the nature of the entrapment- was it evidence of admission of a completed offence, or does it consist of the actual commission of an offence? correct incorrect

Is the case being tried summarily or on indictment? correct incorrect

* not completed

. Which of the following cases involved alleged entrapment by a non-state official?

R v Shannon (2001) correct incorrect

R v Sang (1980) correct incorrect

Khan v UK (2000) correct incorrect

Nottingham City Council v Amin 92001) correct incorrect

* not completed

. On what grounds did the court order a stay of prosecution in R v Grant (2005)?

Oppressive questioning correct incorrect

Unreliability of the evidence correct incorrect

Breach of legal professional privilege correct incorrect

Criminal damage by the police correct incorrect

* not completed

. Who gave the dissenting judgment in In re McE (2009)?

Lord Hutton correct incorrect

Lord Phillips correct incorrect

Lord Oliver correct incorrect

Lord Bingham correct incorrect

* not completed

. Which of the following correctly reflects the decision in Khan v UK (2000)?

There had been a breach of Article 6 only correct incorrect

There had been a breach of Article 6 and Article 8 correct incorrect

There had been a breach of Article 8 only correct incorrect

There had been no breach of any articles of the Convention correct incorrect

* not completed

. Which of the following propositions can be derived from the judgment of R v Loosely (2001)?

If there has been an abuse of state power, the appropriate remedy is not stay of the indictment but exclusion of evidence under s78 PACE correct incorrect

It would be not be abuse of process if a person had been lured, incited, or pressurized into committing a crime which he would not otherwise have committed correct incorrect

It would not be objectionable if the law enforcement officer, behaving as an ordinary member of the public, gave the person an unexceptional opportunity to commit a crime correct incorrect

The court must balance the need to uphold the rule of law by convicting and punishing those who committed crimes with the need to prevent law enforcement agencies acting in a way which offended ordinary notional of fairness correct incorrect