Question 1

In terms of criminal law theory, what is the fundamental rationale for criminalizing conduct?&#10;A) Immorality&#10;B) Harm to others or to oneself&#10;C) Anti-social conduct&#10;D) Dishonesty

Accepted Answer

The fundamental rationale for criminalizing conduct in criminal law theory is primarily based on the harm principle, which suggests that conduct should be criminalized if it causes harm to others or to oneself.

Question 2

Which of the following cases were NOT concerned with the inter-relationship of the criminal law and morality?&#10;A) Shaw&#10;B) Knuller&#10;C) Brown&#10;D) R (on the application of McCann) v Manchester Crown Court

Accepted Answer

The case of R (on the application of McCann) v Manchester Crown Court was not primarily concerned with the inter-relationship of criminal law and morality, unlike the other cases listed.

Question 3

Which of the following is NOT a regulatory offence?&#10;A) Failure to pay income tax&#10;B) Driving without due care and attention&#10;C) Burglary&#10;D) Failure to maintain a safe system of work

Accepted Answer

Burglary is a criminal offence, not a regulatory offence. Regulatory offences typically involve breaches of regulations or standards, often without the need for intent, whereas burglary involves criminal intent.

Question 4

Which of the following represents the ratio of Woolmington [1935]?&#10;A) A person wishing to rely on a defence must prove it.&#10;B) The legal burden of proof is on the prosecution on a balance of probabilities.&#10;C) A defendant who has committed a guilty act must be presumed guilty.&#10;D) The legal burden of proof is on the prosecution beyond all reasonable doubt subject to the defence of insanity and certain statutory defences.

Accepted Answer

The Woolmington v DPP [1935] case established the principle that the prosecution bears the legal burden of proving the defendant's guilt beyond a reasonable doubt, except in cases involving the defence of insanity and certain statutory defences.

Question 5

Which of the following is an either way offence?&#10;A) Assault&#10;B) Murder&#10;C) Theft&#10;D) Robbery

Accepted Answer

Theft is an either way offence, meaning it can be tried in either a Magistrates' Court or a Crown Court, depending on the severity and circumstances of the case.

Question 6

The prosecution wish to appeal on a point of law from a case heard at the High Court on appeal from the magistrates' court.
To which court should they appeal?

A) The Supreme Court
B) Court of Appeal
C) Crown Court
D) Divisional Court

Accepted Answer

The answer of The prosecution wish to appeal on a...

Question 7

What is the hearing called for determining jurisdiction in the magistrates' court for an offence triable either way?&#10;A) Committal proceedings&#10;B) Plea and Case Management Hearing&#10;C) Plea before Venue&#10;D) Mode of Trial

Accepted Answer

The answer of What is the hearing called for determining...

Question 8

Which Article of the European Convention on Human Rights protects the presumption of innocence?&#10;A) Article 2&#10;B) Article 3&#10;C) Article 6&#10;D) Article 5

Accepted Answer

The answer of Which Article of the European Convention on...

Question 9

Which Article of the European Convention on Human Rights protects the right to privacy?&#10;A) Article 11&#10;B) Article 7&#10;C) Article 10&#10;D) Article 8

Accepted Answer

Article 8 of the European Convention on Human Rights protects the right to respect for private and family life, home, and correspondence.

Question 10

In relation to which section of the Human Rights Act 1998 must all legislation, if possible, be interpreted so as to be compatible with the ECHR?&#10;A) S3.&#10;B) S6.&#10;C) S7.&#10;D) S1.

Accepted Answer

Section 3 of the Human Rights Act 1998 requires that, so far as it is possible to do so, legislation must be read and given effect in a way which is compatible with the European Convention on Human Rights (ECHR).

Deck 1: Introduction and General Principles