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Spencer & Spencer: Evidence Concentrate 5e

Diagnostic test - where do I need to concentrate?

Instructions

Answer the following questions and then press 'Submit' to get your score.

Question 1

Chapter 1. Which of the following is not specifically included in the list of five foundational principles of criminal evidence identified by Roberts and Zuckerman?

Question 2

Chapter 1. Which of the following statements best expresses the scope of the concept of relevance in evidence law?

Question 3

Chapter 2. Which of the following statements gives a correct account of the judgement in R v Hunt (1987) in cases where the courts have to decide whether the statute requires a shift of the burden of proof?

Question 4

Chapter 2. From the following facts identify the correct case out of the list below:
The defendant was charged with breaching provisions of the Health and Safety at Work Act 1974 following an accident in which an employee who was driving a dumper truck was killed when the lorry load fell on him. The House of Lords considered the allocation of the burden of proving the statutory defence, that it was not reasonably practicable for the employer to do more than in fact was done. The House held that it was for the defendant employer to prove it was not reasonably practicable to provide safe conditions.

Question 5

Chapter 3. Supply the name of the case and the section in the following sentence:
In [name the case], the Court of Appeal considered that the right to legal advice was 'one of the most important and fundamental rights of a citizen' and wrongful denial of a solicitor to the defendant at interview led to exclusion of the confession under PACE section [name the section].

Question 6

Chapter 3. Which of the following statements is correct?

Question 7

Chapter 4. Which of the following statements is correct?

Question 8

Chapter 4. Which of the following cases involved alleged entrapment by a non-state official?

Question 9

Chapter 5. S101(1) CJA 2003 contains seven 'gateways' to admissibility of bad character evidence of the defendant. Which of the following statutory sections is correctly cited in the four 'gateways' below?

Question 10

Chapter 5. Evidence of the defendant's bad character may be admissible if it is to correct a false impression. Which of the following provisions is correct?

Question 11

Chapter 6. Which of the following statements is correct?

Question 12

Chapter 6. Which of the following propositions can be derived from the decision in R v Blastland (1985)?

Question 13

Chapter 7. Which of the following statements correctly represents s16 Youth Justice and Criminal Evidence Act 1999 which applies "Special Measures" to groups of witnesses?

Question 14

Chapter 7. Which of the following statements is correct in relation to child witnesses?

Question 15

Chapter 8. Which case is the leading authority for the proposition that the judge must give a mandatory warning where identification evidence is disputed?

Question 16

Chapter 8. Which of the following statements gives the correct position before a lie may be evidence of guilt according to R v Lucas (1981)?

Question 17

Chapter 9. In R v Luttrell (2004) the Court of Appeal set out the test for admissibility of expert evidence on new areas such as lip-reading.
Which of the following criteria were included in the test?
- i) The evidence has to be relevant and outside of the jury's experience.
- ii) The expert has to be qualified to express an opinion
- iii) The judge must give appropriate warnings about the evidence
- iv) It was necessary that any results should be verifiable under cross examination.

Question 18

Chapter 9. Which case fits the following facts?
At the defendant's trial for murder his counsel sought to adduce the report of a prison doctor to the effect that the prisoner had no mental disorder but had no intention to kill. The judge's decision to exclude the doctor's report was upheld on appeal.

Question 19

Chapter 10. An alleged drug dealer was watched from an observation post by police. At the trial he requests details of the post. What should the judge do?

Question 20

Chapter 10. Which of the following propositions correctly outlines the approach of the European Court of Human Rights to Public Interest Immunity claims in criminal cases?

Question 21

Chapter 11. Which of the following statements is correct?

Question 22

Chapter 11. 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?