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Chapter 4 Self-test questions
Return to Evidence Concentrate 6e Resources
Chapter 4 Self-test questions
Improperly obtained evidence other than confessions
Quiz Content
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not completed
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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
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not completed
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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
(No 2) (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
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not completed
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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
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not completed
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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 McE v Prison Service
(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 be objectionable if the law enforcement officer, behaving as an ordinary member of the public, did no more than give 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 notions of fairness
correct
incorrect
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