MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar Professional
Question 1
Ash was arrested on suspicion of Assault Occasioning Actual Bodily Harm against his partner,
Jade. Having declined to seek legal advice, Ash was interviewed under caution and made no
comment in response to all questions put to him. At his trial, Ash gives evidence that he was
acting in self defence after Jade attacked him. He says that he did not answer questions in
interview as he was feeling tired.
Which ONE of the following statements is CORRECT?
[A] A failure to mention his defence at interview cannot be held against Ash because he did not
have a solicitor present when he was questioned.
[B] The jury are obliged to draw an adverse inference from Ash’s failure to mention the fact that he
acted in self defence when he was interviewed if he could reasonably have been expected to
mention this in the circumstances existing at the time of the interview.
[C] The jury are entitled to take into consideration the fact that Ash was tired when he was
interviewed when considering whether it would have been reasonable for him to mention that
he was acting in self defence.
[D] The jury cannot draw an adverse inference from Ash’s failure to mention that he had acted in
self defence in interview because he has subsequently given evidence at trial.
[C] Is the correct answer. [A] is incorrect because lack of legal advice does not prevent an
adverse inference being drawn. [B] is also incorrect as it says that the jury are “obliged” to draw
an adverse inference. [D] is clearly incorrect because the s34 inference exists for these very
circumstances, where a defence is relied on at trial and not mentioned in interview. Therefore
the correct answer is [C]
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, Question 2
Daniel has been charged with assault occasioning ABH. During his interview in the police
station, Daniel answered questions and said that he acted in self -defence. At his trial Daniel
decides not to give evidence. The Judge makes it clear that she intends to direct the jury in
relation to this failure to give evidence.
Which of the following statements about the direction the jury should be given on this issue is/are
CORRECT?
(i) The jury should be directed that they may draw such inferences as appear proper from
Daniel’s failure to give evidence.
(ii) The jury should be directed that they may not draw an inference from Daniel’s failure to give
evidence at trial because he has already put forward his defence in his interview at the police
station.
(iii) The jury should be directed that Daniel’s failure to give evidence on its own cannot prove guilt
but it can assist in deciding whether he is guilty.
Select ONE of the following:
[A] (iii) only
[B] (ii) and (iii) only
[C] (i) and (iii) only
[D] (i) only
[C] is the correct answer. (ii) is incorrect because a section 35 inference can be drawn from
failure to testify regardless of whether an account is put forward at the police station.
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ANSWERS
Bar Professional
Question 1
Ash was arrested on suspicion of Assault Occasioning Actual Bodily Harm against his partner,
Jade. Having declined to seek legal advice, Ash was interviewed under caution and made no
comment in response to all questions put to him. At his trial, Ash gives evidence that he was
acting in self defence after Jade attacked him. He says that he did not answer questions in
interview as he was feeling tired.
Which ONE of the following statements is CORRECT?
[A] A failure to mention his defence at interview cannot be held against Ash because he did not
have a solicitor present when he was questioned.
[B] The jury are obliged to draw an adverse inference from Ash’s failure to mention the fact that he
acted in self defence when he was interviewed if he could reasonably have been expected to
mention this in the circumstances existing at the time of the interview.
[C] The jury are entitled to take into consideration the fact that Ash was tired when he was
interviewed when considering whether it would have been reasonable for him to mention that
he was acting in self defence.
[D] The jury cannot draw an adverse inference from Ash’s failure to mention that he had acted in
self defence in interview because he has subsequently given evidence at trial.
[C] Is the correct answer. [A] is incorrect because lack of legal advice does not prevent an
adverse inference being drawn. [B] is also incorrect as it says that the jury are “obliged” to draw
an adverse inference. [D] is clearly incorrect because the s34 inference exists for these very
circumstances, where a defence is relied on at trial and not mentioned in interview. Therefore
the correct answer is [C]
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, Question 2
Daniel has been charged with assault occasioning ABH. During his interview in the police
station, Daniel answered questions and said that he acted in self -defence. At his trial Daniel
decides not to give evidence. The Judge makes it clear that she intends to direct the jury in
relation to this failure to give evidence.
Which of the following statements about the direction the jury should be given on this issue is/are
CORRECT?
(i) The jury should be directed that they may draw such inferences as appear proper from
Daniel’s failure to give evidence.
(ii) The jury should be directed that they may not draw an inference from Daniel’s failure to give
evidence at trial because he has already put forward his defence in his interview at the police
station.
(iii) The jury should be directed that Daniel’s failure to give evidence on its own cannot prove guilt
but it can assist in deciding whether he is guilty.
Select ONE of the following:
[A] (iii) only
[B] (ii) and (iii) only
[C] (i) and (iii) only
[D] (i) only
[C] is the correct answer. (ii) is incorrect because a section 35 inference can be drawn from
failure to testify regardless of whether an account is put forward at the police station.
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