SQE2 ULTIMATE REVISION GUIDE: CRIMINAL
LITIGATION, PROPERTY & BUSINESS LAW (87 KEY
Q&AS)
1. **When can an application for dismissing a criminal case be made?**
* (1) Only after the defendant has been sent to the Magistrate's Court for trial at the
Crown Court;
* (2) Only after the Defendant has been served with evidence relating to the offence;
**AND**
* (3) Only before the Defendant is arraigned (i.e. the offence put to D and D makes plea).
* *Note: Application is made to a Crown Court judge either in writing or orally with a
notice.*
2. **What is the test a judge uses for dismissing a criminal charge?**
, * (1) If it appears the evidence against the applicant would not be sufficient for him to be
properly convicted.
* (2) **R v Galbraith:** (a) there is no evidence that D committed the crime; or (b) where
the prosecution evidence taken at its highest, is such that a properly directed jury could not
convict on it.
* (3) Evidence to be taken holistically, not in isolation.
3. **What is the test a judge will apply when deciding whether there is no case to answer in
a criminal trial?**
* **R v Galbraith:** (1) There is no evidence that D committed the crime; or (2) Where the
evidence is of a tenuous character, this evidence taken at its highest, is such that a
properly directed jury could not convict on it.
* *Note: where tenuous evidence falls on factual issues (e.g. witness reliability), the case
should be tried by a jury.*
, 4. **How can prosecution evidence be excluded under s78?**
* **s78(1):** The court can refuse to allow the prosecution to rely on evidence if it
appears to the court, having regard to all the circumstances, the admission of evidence
would have such an **ADVERSE EFFECT ON THE FAIRNESS OF PROCEEDINGS** that the
Court ought not to admit it.
5. **What is the burden of proof for s78 exclusion of evidence?**
* The Defendant must prove on the **balance of probabilities** that the admission of
evidence would have an adverse effect on the fairness of proceedings.
* *Note: Even where the Defence shows this, the court has discretion about whether to
include it.*
LITIGATION, PROPERTY & BUSINESS LAW (87 KEY
Q&AS)
1. **When can an application for dismissing a criminal case be made?**
* (1) Only after the defendant has been sent to the Magistrate's Court for trial at the
Crown Court;
* (2) Only after the Defendant has been served with evidence relating to the offence;
**AND**
* (3) Only before the Defendant is arraigned (i.e. the offence put to D and D makes plea).
* *Note: Application is made to a Crown Court judge either in writing or orally with a
notice.*
2. **What is the test a judge uses for dismissing a criminal charge?**
, * (1) If it appears the evidence against the applicant would not be sufficient for him to be
properly convicted.
* (2) **R v Galbraith:** (a) there is no evidence that D committed the crime; or (b) where
the prosecution evidence taken at its highest, is such that a properly directed jury could not
convict on it.
* (3) Evidence to be taken holistically, not in isolation.
3. **What is the test a judge will apply when deciding whether there is no case to answer in
a criminal trial?**
* **R v Galbraith:** (1) There is no evidence that D committed the crime; or (2) Where the
evidence is of a tenuous character, this evidence taken at its highest, is such that a
properly directed jury could not convict on it.
* *Note: where tenuous evidence falls on factual issues (e.g. witness reliability), the case
should be tried by a jury.*
, 4. **How can prosecution evidence be excluded under s78?**
* **s78(1):** The court can refuse to allow the prosecution to rely on evidence if it
appears to the court, having regard to all the circumstances, the admission of evidence
would have such an **ADVERSE EFFECT ON THE FAIRNESS OF PROCEEDINGS** that the
Court ought not to admit it.
5. **What is the burden of proof for s78 exclusion of evidence?**
* The Defendant must prove on the **balance of probabilities** that the admission of
evidence would have an adverse effect on the fairness of proceedings.
* *Note: Even where the Defence shows this, the court has discretion about whether to
include it.*
