* not completed

. Which of the following statements is true?

A defendant cannot in law be convicted on the evidence of a confession alone correct incorrect

A confession that has been proffered by a co-defendant may be excluded by operation of s78 PACE correct incorrect

Section 82(2) PACE preserves the common law discretion to exclude evidence correct incorrect

PACE does not contain a definition of a confession correct incorrect

* not completed

. Which of the following statements is correct?

To be admissible a confession cannot be a wordless action correct incorrect

To be admissible a confession may be made to a person not in authority correct incorrect

A confession is inadmissible if it is only partly adverse to the person who made it correct incorrect

A confession must be made in writing correct incorrect

* not completed

. Which of the following statements is correct?

The test for oppression under PACE s76(2)(a) generally requires bad faith on the part of the investigating authorities correct incorrect

Verbal abuse does not fall within the definition of oppression correct incorrect

The burden of proof is on the defence to prove that the confession was not obtained by oppression correct incorrect

If a confession is true it will not be excluded under s 76(2)(a) correct incorrect

* not completed

. Which case is authority for the proposition that for s76(2)(b) PACE to apply there is no need for bad faith on the part of the police?

R v Harvey (1988) correct incorrect

R v Fulling (1987) correct incorrect

R v Goldenberg (1989) correct incorrect

R v Spens (1993)
correct incorrect

* not completed

. Supply the name of the case and the section in the following sentence:
In [name the case], the Court of Appeal considered that the right to legal advice was 'one of the most important and fundamental rights of a citizen' and wrongful denial of a solicitor to the defendant at interview led to exclusion of the confession under PACE section [name the section].

R v Alladice (1988); s78 correct incorrect

R v Samuel (1988); s 78 correct incorrect

R v Samuel (1988); s 76(2)(b) correct incorrect

R v Alladice (1988);s76(2)(b) correct incorrect

* not completed

. Which of the following statements is correct?

Code D PACE covers the conduct of police interviews correct incorrect

Code F PACE covers identification procedures correct incorrect

It is a criminal offence for the police to breach a provision of any of the PACE codes correct incorrect

Code C PACE covers the conduct of police interviews with suspects correct incorrect

* not completed

. Imagine a scenario where there are two co-defendants, D1 and D2 in a trial for stabbing V. D2 has confessed in a pre-trial interview but states that D1 was not involved. D1 wishes to produce this statement at trial but D2's confession has not been adduced by the prosecution since they anticipate it will be excluded by the trial judge under s72(2)(b) PACE. Which is the correct answer?

The statement is only evidence against D2 and is prima facie inadmissible for D1 correct incorrect

The statement may be admissible by the operation of the judicial inclusionary discretion under s78 PACE correct incorrect

The statement may be admissible under s76A PACE if it is relevant to D1's defence and if D1 can prove on the balance of probabilities that it was not obtained as a result of something said or done that was likely in the circumstances existing at the time to render unreliable any confession correct incorrect

The statement may be admissible under s76A PACE if it is relevant to D1's defence, if D1 can prove beyond reasonable doubt that it was not obtained as a result of something said or done that was likely in the circumstances existing at the time to render unreliable any confession and an application by the prosecution to admit on a challenge under s76 (2)(b) had not already been refused correct incorrect

* not completed

. On which case is the following factual scenario based? The defendant gave 'no comment' interview but at trial claimed he had left the scene before the crime occurred. The court considered the meaning of 'fact' in s34(a).

Parkes v R (1976) correct incorrect

R v Knight (2004) correct incorrect

R v Argent (1997) correct incorrect

R v Hoare (2005) correct incorrect

* not completed

. T was charged with assaulting an old age pensioner. At the start of a police interview his solicitor gave a written statement and T failed to answer further police questions. His evidence at trial was consistent with the content of the statement. Is the court permitted to draw an adverse inference from his silence at interview?

Yes, because s35 CJPOA applies correct incorrect

No, because on the authority of R v Knight (2004) adverse inferences cannot not be drawn under s34 CJPOA where a pre-trial statement is comprehensive and new material was not at trial correct incorrect

Yes, because s34 CJPOA applies correct incorrect

Yes, because s37 CJPOA applies correct incorrect

* not completed

. A is charged with murder. He gave a no comment interview to the police where a solicitor was present and did not testify at trial. At trial his counsel in cross examining a witness presented an innocent explanation of his whereabouts at the time of the offence. Can the prosecution rely on s34 as well as s35 CJPOA?

No, because s34 only applies where the defendant testifies at trial correct incorrect

No, because s34 does not apply to a new fact at trial introduced by counsel correct incorrect

Yes, because of R v Webber (2004) correct incorrect

Yes, because of Condron v UK (2001) correct incorrect