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Chapter 10 Multiple choice questions
Return to Evidence Concentrate 7e Student Resources
Chapter 10 Multiple choice questions
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On which of the following grounds did
Conway v Rimmer
(1968) overrule
Duncan v Cammell Laird
(1942)?
A possible ground of PII is the proper functioning of the public service
correct
incorrect
The court will not look behind an executive claim for PII
correct
incorrect
A PII claim may be made on class or contents grounds
correct
incorrect
A possible ground of a PII claim is material injurious to diplomatic relations
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incorrect
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Gloria is facing trial, charged with dealing in proscribed drugs. She denies the charge. Two police officers claim to have identified her selling Ecstasy tablets outside a local shop. She disputes their identification and demands disclosure of the premises from which they carried out the surveillance. Advise Gloria
The judge will agree to her demand for disclosure of the details of the observation post
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incorrect
The judge will refuse to allow disclosure of the details of the post
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incorrect
The judge will consider whether disclosure is necessary in order to establish innocence and if so either order disclosure or stop the prosecution
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incorrect
The judge will follow prosecution advice on disclosure
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incorrect
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Which of the following propositions correctly outlines the approach of the European Court of Human Rights to Public Interest Immunity claims in criminal cases?
Non-disclosure should never be allowed in criminal trials
correct
incorrect
The decision on disclosure may be made by the judge or the prosecution
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The decision on disclosure must always be made by the judge
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incorrect
The decision on disclosure may be made by the executive
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incorrect
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Which of the following propositions can be found in the decision in
R v H; R v C
(2004)?
If there is a real risk of serious prejudice to an important public interest if disclosure were ordered, the judge should consider whether the defendant can be protected by special measures
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incorrect
Special measures may not include limited disclosure, special counsel, a summary of the disputed material
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The judge should not order fuller disclosure even if he considers it necessary if the prosecution would then stay the proceedings
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The judge should review the question of disclosure only at the beginning of the trial
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incorrect
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Arthur is the father of a teenage son who attends a technical college. A. claims to have suffered mental ill health as a result of a baseless claim made by the college governors about his cruelty to his son. He is considering suing and demands disclosure of the identity of the informant. Advise Arthur.
The public interest in the need for preserving the confidentiality of informers in such cases means that disclosure is not likely to be granted by a court
correct
incorrect
Public Interest Immunity can only be claimed by a central government body
correct
incorrect
Freedom of Information principles meant disclosure should be ordered
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incorrect
The public interest in maintaining the confidentiality of informers only covers police informers in criminal trials
correct
incorrect
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