* not completed

. Which of the following statements is correct?

All common law exceptions are preserved in s118 CJA 2003. correct incorrect

The rule against hearsay only applies to prosecution evidence correct incorrect

The same rules apply to criminal and civil hearsay correct incorrect

In civil proceedings the rule has been effectively abolished in the Civil Evidence Act 1995 correct incorrect

* not completed

. In R v Blastland (1986) B was charged with murder. He wished to adduce evidence that another man had made various statements suggesting he had knowledge of the murder before it was made public. Munday (Cross and Tapper on Evidence, 13^th edn OUP, 2018, p584) commented, 'The House of Lords held evidence of such knowledge inadmissible, adopting a very narrow view of its relevance'. Munday cites in a footnote a possible statutory route to such evidence in some cases. Which is the section he cites?

S117 CJA 2003 correct incorrect

S118 CJA 2003 correct incorrect

S116 (2)(e) CJA 2003 correct incorrect

None of the above correct incorrect

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. X, a passenger sitting on the top of a bus, sees a cyclist knocked by a car in the street and the car being driven off. She records its number plate in her phone. G, another bus passenger and a stranger to X, contacts the police and reads out the number from X's phone. He had not seen the car. The driver is traced and faces trial for dangerous driving. He denies the charge. X is not traceable. Can the prosecution present at trial evidence of G's phone call to the police?

Yes, see CJA 2003 s116 correct incorrect

No, see CJA 2003 s124 correct incorrect

No, see CJA2003 s114 (1)(d) correct incorrect

Yes, see CJA 2003 s118 correct incorrect

* not completed

. Which of the following statements is correct?

The Civil Evidence Act 1995 refers only to first hand hearsay correct incorrect

The Civil Evidence Act 1995 refers only to oral hearsay correct incorrect

The Civil Evidence Act 1995 refers to both first hand and multiple hearsay correct incorrect

The Civil Evidence Act 1995 defines a statement as a representation of fact only correct incorrect

* not completed

. Which of the following statements is true?

S116 CJA 2003 does not cover firsthand oral hearsay. correct incorrect

The Law Commission Report 1997 recommended that the rule against hearsay be abolished correct incorrect

The Criminal Justice Act 2003 does not preserve the common law exception dying declarations. correct incorrect

* not completed

. Which of these statements is correct?

The agreement of the parties does not make hearsay admissible in criminal proceedings correct incorrect

There is no inclusionary discretion to allow for the admissibility of otherwise inadmissible hearsay correct incorrect

There is no inclusionary discretion for multiple hearsay. correct incorrect

The Criminal Justice Act 2003 allows for the admissibility of written business documents under s117 correct incorrect

* not completed

. Consider the following scenario:
Joan, wife of Leo, makes a statement to the police who had advised her that she was not compellable to give evidence against Leo who is facing trial for the alleged assault on their nineteen year old daughter. Joan refuses to testify at the trial. Is her pre-trial statement admissible?

Yes, in principle under s114(1)(d) CJA 2003 correct incorrect

No, because of s80 PACE 1984 correct incorrect

Yes, because of s78 PACE 1984 correct incorrect

Yes because of the common law inclusionary discretion to admit evidence correct incorrect

* not completed

. In which case was the following principle enunciated?
Allowing a witness statement to be admitted as evidence where the witness is not available for cross-examination, and that evidence is the sole or decisive basis for convicting the accused is not necessarily a violation of Article 6(1) and 6(3)(d).

Allan v UK (2004) correct incorrect

Al-Khawaja and Tahery v UK (2012) correct incorrect

Doorson v Netherlands (1996) correct incorrect

Trivedi v UK (1997) correct incorrect

* not completed

. Which of the following statements concerning statements of intention is true?

In R v Blastland (1986) the House of Lords approved the decision in Moghal (1977) where the Court of Appeal held that a tape-recording by the accused's mistress was admissible to suggest she carried out the murder correct incorrect

In R v Thomson (1912) a statement by the victim that she had intended to carry out an abortion on herself was not admissible in a trial of her alleged murderer correct incorrect

Section 118 (1)4(c) Criminal Justice Act 2003 does not preserve the common law exception to the rule against hearsay for statements of intention correct incorrect

In R v Valentine (1996) an earlier statement of intention by an alleged rapist was inadmissible as relevant to his mens rea correct incorrect

* not completed

. Which of the following is correct in relation to the Criminal Justice Act 2003 s114 (1)(d)?

It is available only to the defence correct incorrect

It is available only to the prosecution correct incorrect

It is available to both prosecution and defence correct incorrect

It is not available if the evidence is inadmissible under another section of the statute correct incorrect