Bar Professional Training Course
Examination 2016-17
Criminal Litigation, Evidence and Sentencing
Exam number MOCK
22 January 2017
10.00am-1.00pm
ANSWERS
, Exam number MOCK
THIS PAGE IS BLANK
Page 2 of 88
, Exam number MOCK
Criminal Litigation, Evidence and Sentencing
Multiple Choice Exam
Composition of exam
1. This exam comprises 75 Multiple Choice Questions (MCQs).
2. You will have three hours to complete the exam.
3. Use boxes 1-75 on the MCQ answer sheet to record your answers.
Materials
1. You MUST NOT remove from the examination centre the exam paper or the MCQ
answer sheet.
2. You are NOT allowed to use any materials other than writing materials, an eraser
and a calculator.
MCQ marking system
1. You should use a pencil to answer.
2. Each question requires ONLY ONE response and for each correct response one
mark is given.
3. If you give more than one answer per question no mark will be given.
4. If you do not answer a question, no mark will be given.
5. This exam is not negatively marked (marks will NOT be deducted for wrong
answers or no answer) therefore you are strongly advised to attempt ALL the
questions.
Note: The answer sheet is designed to be machine readable. In the event that you
make a mistake you must rub out that answer. If the final answer choice is
unclear this may result in no marks being awarded for the question.
The exam starts on the next page
Page 3 of 88
, Exam number MOCK
QUESTION 1
What evidence may s.78 of PACE be used to exclude?
[A] Evidence that the Prosecution intend to rely upon.
[B] Evidence that the Defence intend to rely upon.
[C] Only confession evidence.
[D] Evidence that has already been adduced.
ANSWER
[A] Evidence that the Prosecution intend to rely upon.
[A] Correct. Section 78(1) PACE 1984 states ‘In any proceedings the Court may
refuse to allow 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.’ BCP F2.7
[B] Wrong. s.78 PACE applies only to evidence the Prosecution propose to rely
on
[C] Wrong. s.78 is not limited to confession evidence.
[D] Wrong. s.78 applies only to evidence which the Prosecution proposes to rely
on.
Syllabus para 10
BCP F2.7, F2.8-10 2017
Please continue to the next page
Page 4 of 88
Examination 2016-17
Criminal Litigation, Evidence and Sentencing
Exam number MOCK
22 January 2017
10.00am-1.00pm
ANSWERS
, Exam number MOCK
THIS PAGE IS BLANK
Page 2 of 88
, Exam number MOCK
Criminal Litigation, Evidence and Sentencing
Multiple Choice Exam
Composition of exam
1. This exam comprises 75 Multiple Choice Questions (MCQs).
2. You will have three hours to complete the exam.
3. Use boxes 1-75 on the MCQ answer sheet to record your answers.
Materials
1. You MUST NOT remove from the examination centre the exam paper or the MCQ
answer sheet.
2. You are NOT allowed to use any materials other than writing materials, an eraser
and a calculator.
MCQ marking system
1. You should use a pencil to answer.
2. Each question requires ONLY ONE response and for each correct response one
mark is given.
3. If you give more than one answer per question no mark will be given.
4. If you do not answer a question, no mark will be given.
5. This exam is not negatively marked (marks will NOT be deducted for wrong
answers or no answer) therefore you are strongly advised to attempt ALL the
questions.
Note: The answer sheet is designed to be machine readable. In the event that you
make a mistake you must rub out that answer. If the final answer choice is
unclear this may result in no marks being awarded for the question.
The exam starts on the next page
Page 3 of 88
, Exam number MOCK
QUESTION 1
What evidence may s.78 of PACE be used to exclude?
[A] Evidence that the Prosecution intend to rely upon.
[B] Evidence that the Defence intend to rely upon.
[C] Only confession evidence.
[D] Evidence that has already been adduced.
ANSWER
[A] Evidence that the Prosecution intend to rely upon.
[A] Correct. Section 78(1) PACE 1984 states ‘In any proceedings the Court may
refuse to allow 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.’ BCP F2.7
[B] Wrong. s.78 PACE applies only to evidence the Prosecution propose to rely
on
[C] Wrong. s.78 is not limited to confession evidence.
[D] Wrong. s.78 applies only to evidence which the Prosecution proposes to rely
on.
Syllabus para 10
BCP F2.7, F2.8-10 2017
Please continue to the next page
Page 4 of 88
