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. Which of the following statements can be derived from the judgment in R v Cowan (1996) concerning directions to the jury when the defendant fails to testify?

The burden of proof remains on the prosecution correct incorrect

The defendant was not entitled to remain silent correct incorrect

An inference from failure to testify is enough without other evidence to prove guilt correct incorrect

A defendant's failure to testify is contempt of court correct incorrect

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. Alan and Bert are jointly charged with theft. Alan pleads not guilty and Bert pleads guilty. The prosecution wish to call Alan's wife, Clara, and Bert's wife, Dora, to give evidence. Are Clara and Dora competent and compellable for the prosecution?

Clara is competent and compellable. Dora is competent but not compellable correct incorrect

Clara is competent but not compellable. Dora is competent and compellable correct incorrect

Both Clara and Dora are competent but not compellable correct incorrect

Both Clara and Dora are competent and compellable correct incorrect

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. Which of the following statements correctly represents s16 Youth Justice and Criminal Evidence Act 1999 which applies "Special Measures" to groups of witnesses?

Those under eighteen years old are covered by the section correct incorrect

Those under sixteen years old are covered by the section correct incorrect

Those under twenty years old are covered by the section correct incorrect

Those under fifteen years old are covered by the section correct incorrect

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. Which of the following statements is correct in relation to child witnesses?

Section 16 YJCEA 1999 applies to child defendants correct incorrect

The 'primary rule' of the application of special measures applies presumptively to witnesses under 18 years old correct incorrect

In criminal cases witnesses can give sworn evidence at any age correct incorrect

All witnesses over 14 years must give sworn evidence correct incorrect

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. Which of the following correctly outlines the position in relation to Article 6 and special measures for witnesses?

In T v UK (2000) the Strasbourg court found no breaches of Article 6 in the UK's treatment of child defendants correct incorrect

In R v E (2011) the right to a fair trial had been compromised by failure to put the defence case to the child victim in cross examination. correct incorrect

In R (on the application of D) v Camberwell Green Youth Court (2005) the House of Lords held that the fact that where a child witness is in need of special protection it is mandatory that his evidence in chief be given by video is a violation of Article 6 correct incorrect

Provision for certain accused to be examined through an intermediary is provided under ss 33BA and BB YJCEA. correct incorrect

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. Which of the following statements is correct in relation to anonymous witnesses?

The Criminal Evidence (Witness Anonymity Act) 2008 reversed the ruling in R v Davis (2008) correct incorrect

The Coroners and Justice Act 2009 ss 86-96 apply to undercover police but not to civilian witnesses correct incorrect

In R v Davis (2008) the House of Lords held that measures preserving the anonymity of a civilian witness constituted a violation of Article 6 but not of common law principles correct incorrect

Under s87 Coroners and Justice Act 2009 the same procedures with regard to anonymous witnesses apply to defence and prosecution correct incorrect

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. What of the following is correct in relation to child witnesses in civil proceedings?

The Children Act 1989 provides that a child under 16 may give unsworn evidence provided he or she understands the duty to speak the truth and has sufficient understanding correct incorrect

The presumption in civil proceedings is that all witnesses are competent and compellable correct incorrect

A child's evidence may not be given by hearsay correct incorrect

A child's evidence must always be given unsworn correct incorrect

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. To which case do the following facts apply? The defendant's long term unmarried partner made statements which were prejudicial to him. At trial she gave answers which were inconsistent with her statement and was cross examined as a hostile witness by the prosecution. The defendant's appeal that the ECHR required that she be treated as his wife with regards to compellability was dismissed.

R v Cowan (1996) correct incorrect

R v Pearce (2002) correct incorrect

R v Cruttenden (1991) correct incorrect

R v Pitt (1983) correct incorrect

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. Which of the following is the correct principle to be derived from R v Pitt (1982) where the wife of the accused who was competent and not compellable gave evidence against him?

If the spouse has taken the oath (s)he must be held to be a compellable witness correct incorrect

The trial judge must explain to such witnesses that they are not compellable correct incorrect

A spouse has no choice about giving evidence once she has agreed to testify correct incorrect

Whether the conviction is upheld in such a circumstance depends entirely on the seriousness of the offence correct incorrect

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. What is the position of a woman who has gone through a valid form of marriage but one which is not recognized in English law?

She is in the same position as a woman who had not gone through a ceremony at all and is competent and compellable correct incorrect

She is a spouse for the purposes of s80 Police and Criminal Evidence Act 1984. (PACE) correct incorrect

The judge has discretion whether to treat her as a spouse under PACE correct incorrect

She is competent but not compellable for the prosecution correct incorrect