BPTC/BTC Criminal Litigation MCQ [HIGH DISTINCTION] - Police Powers MCQs

MULTIPLE CHOICE QUESTIONS
ANSWERS

Bar Professional




Question 1


Assuming that the officer has a legitimate reason for arrest, in relation to arresting
suspects without warrant, which of the following grounds for arrest are CORRECT?


i) A constable may arrest without a warrant anyone who is about to commit an offence;

ii) A constable may arrest without a warrant anyone who is in the act of committing an
offence;

iii) A constable may arrest without a warrant anyone whom he has reasonable grounds for
suspecting to be committing an offence;

iv) A constable may arrest without a warrant anyone whom he has some grounds for
suspecting to be about to commit an offence;




[A] i), ii), and iv).


[B] i), ii), iii).
.


[C] All of the above.

[D] ii), iii), and iv).




[B] is CORRECT (iv) is the incorrect proposition. (i)-(iii) are taken from s.24
(a)-(c) PACE 1984



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,Question 2


Dennis Wise has been arrested for possession of a controlled drug (cocaine) with intent
to supply, which is an indictable offence. His detention for questioning has been
authorised at Neverland police station.


Which one of the following statements is INCORRECT?


[A] Dennis Wise can only be detained for a maximum of 24 hours without charge and this
limit cannot be extended under any circumstances;

[B] Dennis Wise can be detained for up to 36 hours without being charged if authorised by
an officer holding the rank of Superintendent believes that the Investigation is being
conducted diligently and expeditiously;.

[C] Dennis Wise can be detained for up to 96 hours without being charged if authorised by a
Magistrates’ Court who find that there are reasonable grounds for believing that further
detention is justified;


[A] is INCORRECT, further detention may be authorised by an officer who holds the rank
of Superintendent or above see s42(1) PACE 1984 to a maximum of 36 hours. After that,
a magistrates’ court may issue a warrant of further detention for up to 96 hours see s43(1)
PACE

Dennis Wise’s detention must be reviewed no later than 6 hours after his detention was first authorized.
CORRECT. The first review must be conducted no later than 6 hours after detention was first
authorized under s.37 PACE 1984




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, Question 3
Johnny Weeks is brought to the police station on suspicion of causing criminal damage
to a door frame at a hostel for the homeless, which he was staying in, by kicking it
repeatedly. The incident was captured on CCTV. The cost to repair it will be £100. He is
questioned during an interview with police officers and he makes full admissions. He
intends to plead guilty and has no previous convictions.


Which of the following is a CORRECT way of commencing criminal proceedings?


[A] The custody officer can decide that there is sufficient evidence to charge Mr Weeks and
make the decision to charge him with criminal damage because he intends to plead guilty.

[B] The decision must be referred to a Crown Prosecutor.



[C] The custody officer can decide that there is sufficient evidence to charge Mr Weeks and
make the decision to charge him with criminal damage because it is a summary only
offence (where the value is below £5,000) and his intended plea is irrelevant.

[D] The custody officer can make the decision on charge if authorized to do so by an officer
of the rank of Inspector or above and it is not possible to obtain a prosecutor’s authority
before the expiry of any relevant detention time limit.


[C] is CORRECT see Director’s Guidance on Charging summarised at BCP D2.2-D2.13




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