Question 1

Entrapment is a complete defence in English law. English law does not recognise entrapment as any form of defence.

Accepted Answer

Entrapment is not a complete defence in English law, but it is recognized as a partial defence in certain circumstances. The defence of entrapment can be used to argue that the person would not have committed the offence if it were not for the actions of law enforcement agents or others acting on their behalf. However, this defence is only available if the actions of the law enforcement officers were so extreme that they were likely to induce an innocent person to commit the offence.

Question 2

Which of the following forms of prosecution evidence can be excluded under s.78 of P.A.C.E.?Section 78 of P.A.C.E. allows the judge to exclude, ""evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.""
A)Confessions
B)Identification evidence
C)Bad character
D)Hearsay

Accepted Answer

Section 78 of P.A.C.E. allows for the exclusion of any type of prosecution evidence, including confessions, identification evidence, bad character, and hearsay, if its admission would adversely affect the fairness of the proceedings.

Question 3

Which of the following forms of prosecution evidence can be excluded under s.78 of P.A.C.E.? Section 78 of P.A.C.E. allows the judge to exclude, ""evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.""
A)Confessions
B)Identification evidence
C)Bad character
D)Hearsay

Accepted Answer

Section 78 of P.A.C.E. allows for the exclusion of any type of prosecution evidence if its admission would adversely affect the fairness of the proceedings, regardless of whether it is a confession, identification evidence, bad character, or hearsay.

Question 4

Which of the following forms of prosecution evidence can be excluded under s.78 of P.A.C.E.? Section 78 of P.A.C.E. allows the judge to exclude, ""evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.""
A)Confessions
B)Identification evidence
C)Bad character
D)Hearsay

Accepted Answer

Section 78 of P.A.C.E. allows for the exclusion of any evidence, including confessions, identification evidence, bad character, and hearsay, if its admission would adversely affect the fairness of the proceedings.

Question 5

Under CPR Rule 32, a court may control evidence by giving directions as to what? Under the CPR generally, the Courts have a very broad discretion as to evidence.
A)Track allocation
B)Time-limits
C)The issues on which it requires evidence
D)All of the above

Accepted Answer

Under CPR Rule 32, the court may control evidence by giving directions as to the issues on which it requires evidence, among other things.

Question 6

Permission for intrusive surveillance, provided it is proportionate and necessary, may be granted in which of the following circumstances? Regulation of Investigatory Powers Act 2000, s.32(3)
A)For the purpose of preventing or detecting serious crime
B)For verifying the truth of a defendant's confession
C)For verifying police intelligence
D)None of the above

Accepted Answer

Permission for intrusive surveillance may only be granted if it is proportionate and necessary for preventing or detecting serious crime, as per Regulation of Investigatory Powers Act 2000, s.32(3). B and C are not valid reasons for granting intrusive surveillance.

Question 7

Which article of the E.C.H.R. can be violated by the use of covert surveillance? Article 8- the right to privacy and to family life.
A)Article 1
B)Article 14
C)Article 18
D)Article 8

Accepted Answer

Covert surveillance can violate Article 8 of the E.C.H.R., which guarantees the right to privacy and family life.

Question 8

If a judge is considering excluding improperly obtained evidence, which hearing must (s)he hold? The answer is D, but he may hold a voir dire if (s)he wishes. There is also no such hearing as C.
A)Voir dire
B)Newton hearing
C)Galbraith hearing
D)(S)he does not have to hold the hearing at all

Accepted Answer

The judge is not required to hold a specific hearing to consider excluding improperly obtained evidence. The decision to exclude the evidence is at the judge's discretion, and they may choose to simply make a ruling without a formal hearing. However, they may choose to hold a voir dire hearing to determine the admissibility of the evidence if they feel it is necessary. Option C is incorrect as there is no such hearing as a Galbraith hearing in this context.

Question 9

Which of the following is used to exclude improperly obtained evidence? s.78 of P.A.C.E. is the only means to exclude such evidence. Answer A relates to confessions, C to hearsay evidence and D is false.
A)s)76 of P.A.C.E.
B)s)78 of P.A.C.E.
C)s)126 C.J.A. 2003
D)s)128 C.J.A. 2003

Accepted Answer

Section 78 of the Police and Criminal Evidence Act (P.A.C.E.) is specifically used to exclude improperly obtained evidence. Sections 76 and 126 of the Criminal Justice Act (C.J.A.) 2003 relate to confessions and hearsay evidence respectively, but do not address the exclusion of improperly obtained evidence. Section 128 of the C.J.A. 2003 does not exist. Therefore, the correct answer is B.

Question 10

Evidence of, ""doing more than present the defendant with an exceptional opportunity to commit a crime"" can lead to a stay of proceedings. It is usually just excluded under s.78 of P.A.C.E., but can also lead to a stay of proceedings on the grounds of abuse of process.

Accepted Answer

Evidence of providing an exceptional opportunity to commit a crime can lead to a stay of proceedings if it goes beyond mere presentation and rises to the level of an abuse of process. This is in addition to the possibility of exclusion under s.78 of P.A.C.E.

Question 11

Provided that participants in a undercover operation do not encourage an offence to be committed, evidence obtained during the operation will be admissible. If those involved in an undercover operation do encourage an offence to be committed, it will be excluded as they will have been acting as agents provocateurs.

Accepted Answer

This statement is true. Evidence obtained during an undercover operation will be admissible as long as the participants do not encourage the commission of an offence. If they do encourage an offence, then the evidence obtained may be excluded as they would be acting as agents provocateurs.

Question 12

Evidence obtained through covert surveillance is not admissible. It can be admissible.

Accepted Answer

Evidence obtained through covert surveillance can be admissible in court, provided it was obtained legally and in accordance with relevant laws and regulations governing surveillance and privacy.

Question 13

A breach of the P.A.C.E. codes will always mean that evidence if excluded. Each case turns on its facts and minor breaches will ordinarily not mean the exclusion of evidence unless there is an accumulative effect of many minor breaches.

Accepted Answer

Minor breaches of the P.A.C.E. codes may still result in the exclusion of evidence if they are significant enough to affect the reliability or fairness of the evidence. The decision to exclude evidence is made on a case-by-case basis and takes into account the seriousness and cumulative effect of any breaches.

Question 14

When deciding whether or not to exclude potential improperly obtained evidence, a judge must consider just the crime the defendant is charged with and any effect the evidence may have upon their trial. A judge must consider all the circumstances.

Accepted Answer

A judge must consider a variety of factors, including the seriousness of the offense, the importance of the evidence, how the evidence was obtained, and the impact of excluding the evidence on the integrity of the justice system, not just the crime and its effect on the trial.

Question 15

Which factors are considered when deciding whether or not the police, 'did no more than present the defendant with an unexceptional opportunity to commit a crime'?
A)The reason for the particular police operation
B)The number of suspects involved
C)The defendant's criminal record
D)The general nature of the offence

Accepted Answer

The answer of Which factors are considered when deciding whether...

Quiz 8: Improperly Obtained Evidence

Entrapment is a complete defence in English law. English law does not recognise entrapment as any form of defence.

Under CPR Rule 32, a court may control evidence by giving directions as to what? Under the CPR generally, the Courts have a very broad discretion as to evidence.

Permission for intrusive surveillance, provided it is proportionate and necessary, may be granted in which of the following circumstances? Regulation of Investigatory Powers Act 2000, s.32(3)

Which article of the E.C.H.R. can be violated by the use of covert surveillance? Article 8- the right to privacy and to family life.

If a judge is considering excluding improperly obtained evidence, which hearing must (s) he hold? The answer is D, but he may hold a voir dire if (s) he wishes. There is also no such hearing as C.

Which of the following is used to exclude improperly obtained evidence? s.78 of P.A.C.E. is the only means to exclude such evidence. Answer A relates to confessions, C to hearsay evidence and D is false.

Evidence of, ""doing more than present the defendant with an exceptional opportunity to commit a crime"" can lead to a stay of proceedings. It is usually just excluded under s.78 of P.A.C.E., but can also lead to a stay of proceedings on the grounds of abuse of process.

Evidence obtained through covert surveillance is not admissible. It can be admissible.

A breach of the P.A.C.E. codes will always mean that evidence if excluded. Each case turns on its facts and minor breaches will ordinarily not mean the exclusion of evidence unless there is an accumulative effect of many minor breaches.

When deciding whether or not to exclude potential improperly obtained evidence, a judge must consider just the crime the defendant is charged with and any effect the evidence may have upon their trial. A judge must consider all the circumstances.

Which factors are considered when deciding whether or not the police, 'did no more than present the defendant with an unexceptional opportunity to commit a crime'?