MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar Professional
Question 1
Simon faces a Crown Court trial on an indictment containing one count of wounding with intent.
He is alleged to have attached Jason with an axe. Jason has given a statement detailing the
attack on him by Simon. There is another prosecution witness who supports Jason’s account
of the incident. In his Defence Statement, Jason claims that this is a case of mistaken
identification and he was elsewhere at the time of the incident. A third witness, Nigel, gave a
statement to the police in which he gave a description of the attacker as having blond hair.
Jason has very dark hair. Which ONE of the following statements is CORRECT:
[A] The prosecution must call Nigel as part of its case. To do otherwise would be to breach its
statutory duty of disclosure.
[B] The prosecution have an unfettered discretion as to whether to disclose this witness statement
to the defence or not.
[C] The prosecution must disclose this statement to the defence under its statutory duty of
disclosure.
[D] The prosecution must withhold the witness statement from the Defence unless and until a
defence statement is served.
ANSWER
[C] is the correct answer. This meets the disclosure test under s.3 CPIA.
As to [A] the prosecution do not need to call witnesses that do not support its own case, but must
provide such evidence to the defence if it meets the disclosure test.
[B] is clearly wrong – the prosecution do not have an unfettered discretion – an obligation arises once
the test is met. As to [D] the prosecution have an initial duty of disclosure and this is not dependent
upon service of a defence statement.
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,Question 2
Concerning the statutory duty on the prosecution to disclose unused material, which ONE of
the following propositions is CORRECT?
[A] The statutory duty to disclose unused material applies only in the Crown Court.
[B] The statutory duty to disclose unused material arises in the Magistrates' Court only when a
defendant pleads not guilty and the case is adjourned for summary trial.
[C] The statutory duty to disclose unused material arises in the Crown Court only when a defendant
pleads not guilty at a Crown Court Hearing and the case is adjourned for trial.
[D] The statutory duty to disclose unused material arises when an accused makes a first
appearance at the Magistrates’ Court.
ANSWER
[B] is the correct answer.
As to [A] the statutory duty under s.3 CPIA applies in both the Crown and Magistrates’ Courts.
In the Crown Court [B] it arises when a defendant is sent for trial or where a Voluntary Bill of
Indictment has been preferred against a defendant. For these reasons [D] is clearly wrong.
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, Question 3
Joshua is charged with Assault Occasioning Actual Bodily Harm, an either -way offence. The
Magistrates accepted jurisdiction and Joshua consented to summary trial. You have received a
brief to attend the Magistrates’ Court and to apply for specific disclosure under s.8 of the
Criminal Procedure and Investigations Act 1996. Your instructing solicitors have informed you
that they believe the police have CCTV evidence which will support Joshua’s case that he was
acting in self-defence. No defence statement has been served but your solicitors assure you
that repeated letters and emails have been sent seeking this material and, despite this, the
prosecution have stated there is no further disclosure to be made. In these circumstances,
which ONE of the following propositions is CORRECT?
[A] You are not entitled to make an application for specific disclosure in the Magistrates’ Court.
[B] You are not entitled to make an application for specific disclosure until you have made an
application for dismissal of the case.
[C] You are not entitled to make an application for specific disclosure because this is an either-way
offence.
[D] You are not entitled to make an application for specific disclosure because no defence
statement has been served.
ANSWER
[D] is the correct answer. Although defence statements are not mandatory in the Magistrates’
Court, failure to serve one will prevent an application for specific disclosure being made.
[A] is wrong because such applications can be made in both the MC and CC. [C] is wrong
because such an application is not dependent on the classification of the offence. [B] is wrong
because applications for dismissal can only be made in the Crown Court and, even there, they
are not a prerequisite to an application for dismissal.
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ANSWERS
Bar Professional
Question 1
Simon faces a Crown Court trial on an indictment containing one count of wounding with intent.
He is alleged to have attached Jason with an axe. Jason has given a statement detailing the
attack on him by Simon. There is another prosecution witness who supports Jason’s account
of the incident. In his Defence Statement, Jason claims that this is a case of mistaken
identification and he was elsewhere at the time of the incident. A third witness, Nigel, gave a
statement to the police in which he gave a description of the attacker as having blond hair.
Jason has very dark hair. Which ONE of the following statements is CORRECT:
[A] The prosecution must call Nigel as part of its case. To do otherwise would be to breach its
statutory duty of disclosure.
[B] The prosecution have an unfettered discretion as to whether to disclose this witness statement
to the defence or not.
[C] The prosecution must disclose this statement to the defence under its statutory duty of
disclosure.
[D] The prosecution must withhold the witness statement from the Defence unless and until a
defence statement is served.
ANSWER
[C] is the correct answer. This meets the disclosure test under s.3 CPIA.
As to [A] the prosecution do not need to call witnesses that do not support its own case, but must
provide such evidence to the defence if it meets the disclosure test.
[B] is clearly wrong – the prosecution do not have an unfettered discretion – an obligation arises once
the test is met. As to [D] the prosecution have an initial duty of disclosure and this is not dependent
upon service of a defence statement.
P a g e 1 | 17
,Question 2
Concerning the statutory duty on the prosecution to disclose unused material, which ONE of
the following propositions is CORRECT?
[A] The statutory duty to disclose unused material applies only in the Crown Court.
[B] The statutory duty to disclose unused material arises in the Magistrates' Court only when a
defendant pleads not guilty and the case is adjourned for summary trial.
[C] The statutory duty to disclose unused material arises in the Crown Court only when a defendant
pleads not guilty at a Crown Court Hearing and the case is adjourned for trial.
[D] The statutory duty to disclose unused material arises when an accused makes a first
appearance at the Magistrates’ Court.
ANSWER
[B] is the correct answer.
As to [A] the statutory duty under s.3 CPIA applies in both the Crown and Magistrates’ Courts.
In the Crown Court [B] it arises when a defendant is sent for trial or where a Voluntary Bill of
Indictment has been preferred against a defendant. For these reasons [D] is clearly wrong.
P a g e 2 | 17
, Question 3
Joshua is charged with Assault Occasioning Actual Bodily Harm, an either -way offence. The
Magistrates accepted jurisdiction and Joshua consented to summary trial. You have received a
brief to attend the Magistrates’ Court and to apply for specific disclosure under s.8 of the
Criminal Procedure and Investigations Act 1996. Your instructing solicitors have informed you
that they believe the police have CCTV evidence which will support Joshua’s case that he was
acting in self-defence. No defence statement has been served but your solicitors assure you
that repeated letters and emails have been sent seeking this material and, despite this, the
prosecution have stated there is no further disclosure to be made. In these circumstances,
which ONE of the following propositions is CORRECT?
[A] You are not entitled to make an application for specific disclosure in the Magistrates’ Court.
[B] You are not entitled to make an application for specific disclosure until you have made an
application for dismissal of the case.
[C] You are not entitled to make an application for specific disclosure because this is an either-way
offence.
[D] You are not entitled to make an application for specific disclosure because no defence
statement has been served.
ANSWER
[D] is the correct answer. Although defence statements are not mandatory in the Magistrates’
Court, failure to serve one will prevent an application for specific disclosure being made.
[A] is wrong because such applications can be made in both the MC and CC. [C] is wrong
because such an application is not dependent on the classification of the offence. [B] is wrong
because applications for dismissal can only be made in the Crown Court and, even there, they
are not a prerequisite to an application for dismissal.
P a g e 3 | 17
