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Chapter 11 Multiple choice questions
Return to Evidence Concentrate 7e Student Resources
Chapter 11 Multiple choice questions
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Which of the following is a correct account of the authority for the privilege against self-incrimination?
The privilege is not protected by common law
correct
incorrect
The privilege is specifically identified in Article 6 European Convention on Human Rights
correct
incorrect
The privilege is identified in s14(1) Civil Evidence Act 1968
correct
incorrect
The privilege is extended by s31(1) Theft Act 1968
correct
incorrect
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Which is the correct account of the ratio in
R v Hertfordshire CC ex p Green Environmental Industries Ltd
(2000)?
An abrogation of the privilege against self-incrimination by compulsory powers does not breach Article 6 if the answers to questions are not tendered in criminal proceedings
correct
incorrect
Saunders v UK
(1997) was wrongly decided
correct
incorrect
The privilege against self-incrimination applied equally in administrative and in criminal proceedings
correct
incorrect
The appellants could rely on
Saunders v UK
(1997) as authority for refusal to answer questions under s71(2) of the Environmental Protection Act 1990
correct
incorrect
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Which of the following statements is correct?
The definition of legal professional privilege is to be found in s10 Police and Criminal Evidence Act (PACE) 1984
correct
incorrect
Legal professional privilege is explicitly contained within Article 6
correct
incorrect
Legal professional privilege was not recognised at common law
correct
incorrect
Legal professional privilege applies only in civil proceedings
correct
incorrect
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Police have allegedly secretly recorded a conversation between Andy, who is under arrest on a serious criminal charge, and his solicitor. Information in the recordings was not however used by the prosecution. Andy is convicted and appeals. What is the likely outcome?
The Court of Appeal will turn down the appeal on the grounds that Andy suffered no material disadvantage from the recording
correct
incorrect
The Court of Appeal will turn down the appeal since the offence with which Andy was charged was a serious one
correct
incorrect
The Court of Appeal will overturn the conviction since the breach of legal professional privilege was a violation of the integrity of the criminal justice system
correct
incorrect
The Court of Appeal will require the prosecution to prove beyond reasonable doubt that they have not violated legal professional privilege
correct
incorrect
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Which of the following is the correct principle to be derived from
R v Derby Magistrates Court ex p B
(1996)?
Legal professional privilege is an absolute principle
correct
incorrect
Where the application of legal professional privilege would affect a defendant's case in criminal proceedings it should not be applied
correct
incorrect
The court should consider the public interest in considering whether to apply legal professional privilege
correct
incorrect
Although legal professional privilege is identified the court may exercise its inclusionary discretion to include information received by its breach
correct
incorrect
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