Podcast
Questions and Answers
Which principle of criminal law states that every individual is innocent until proven guilty?
Which principle of criminal law states that every individual is innocent until proven guilty?
- Criminal burden
- Reverse onus
- Presumed innocence (correct)
- Civil burden
What determines whether an act is considered a criminal offence or a civil wrong?
What determines whether an act is considered a criminal offence or a civil wrong?
- The distinction between Parliament and the judiciary
- The nature of the act
- The terminology used
- The legal consequences that flow from the act (correct)
In criminal law, who has the burden of proving guilt?
In criminal law, who has the burden of proving guilt?
- The defense
- The prosecution (correct)
- Both the prosecution and defense
- The judge
What is the overriding objective of the Criminal Procedure Rules?
What is the overriding objective of the Criminal Procedure Rules?
What is the age of criminal responsibility in Scotland according to the text?
What is the age of criminal responsibility in Scotland according to the text?
Where can you find the Criminal Procedure Rules, Practice Directions and Protocols?
Where can you find the Criminal Procedure Rules, Practice Directions and Protocols?
How often are the Criminal Procedure Rules usually amended according to the text?
How often are the Criminal Procedure Rules usually amended according to the text?
Which case originally established the subjective test to determine recklessness in the context of criminal damage?
Which case originally established the subjective test to determine recklessness in the context of criminal damage?
Under which section of the Offences against the Person Act 1861 was Cunningham charged?
Under which section of the Offences against the Person Act 1861 was Cunningham charged?
What is the meaning of 'malicious' in the context of criminal damage?
What is the meaning of 'malicious' in the context of criminal damage?
What is the test for negligence in the context of criminal damage?
What is the test for negligence in the context of criminal damage?
In the UK, children below the age of 18 years are legally considered mature enough to:
In the UK, children below the age of 18 years are legally considered mature enough to:
In the UK, children below the age of 16 years cannot legally:
In the UK, children below the age of 16 years cannot legally:
In the UK, children below the ACR (age of criminal responsibility) cannot be arrested or charged because:
In the UK, children below the ACR (age of criminal responsibility) cannot be arrested or charged because:
In the UK, for the majority of offences, mens rea will be satisfied if the defendant:
In the UK, for the majority of offences, mens rea will be satisfied if the defendant:
Which of the following is true regarding the burden of proof in the law of evidence?
Which of the following is true regarding the burden of proof in the law of evidence?
In the case of R. v. Lambert UKHL 37, the defendant was convicted because he failed to prove on a balance of probabilities that he had not known the drugs were in the bag.
In the case of R. v. Lambert UKHL 37, the defendant was convicted because he failed to prove on a balance of probabilities that he had not known the drugs were in the bag.
When can the burden of proof be shifted onto the defendant by creating a defense?
When can the burden of proof be shifted onto the defendant by creating a defense?
If the trial had taken place after the implementation date of the ECHR Act 1998, would a legal burden have been considered fair?
If the trial had taken place after the implementation date of the ECHR Act 1998, would a legal burden have been considered fair?
Which organization(s) may be informed if a medical professional is convicted of a criminal offense?
Which organization(s) may be informed if a medical professional is convicted of a criminal offense?
In which cases might a medical professional come into contact with the criminal law?
In which cases might a medical professional come into contact with the criminal law?
What do the Criminal Procedure Rules govern?
What do the Criminal Procedure Rules govern?
What is the purpose of the Criminal Procedure Rules?
What is the purpose of the Criminal Procedure Rules?
Which type of offences do not require proof of mens rea or negligence in relation to the actus reus?
Which type of offences do not require proof of mens rea or negligence in relation to the actus reus?
Which type of offences are primarily aimed at businesses in relation to health and safety?
Which type of offences are primarily aimed at businesses in relation to health and safety?
What is the term used to denote the situation where there is more than one person involved in the commission of a crime?
What is the term used to denote the situation where there is more than one person involved in the commission of a crime?
What is the consequence of conviction within a joint enterprise?
What is the consequence of conviction within a joint enterprise?
Which of the following is NOT a requirement for the actus reus of a conspiracy?
Which of the following is NOT a requirement for the actus reus of a conspiracy?
What is the mens rea required for inciting to commit a crime?
What is the mens rea required for inciting to commit a crime?
In criminal cases, when can the defense make an application to acquit?
In criminal cases, when can the defense make an application to acquit?
When can a jury be directed to acquit both defendants in a joint indictment?
When can a jury be directed to acquit both defendants in a joint indictment?
What must a defendant do to be considered a joint principal in a joint enterprise?
What must a defendant do to be considered a joint principal in a joint enterprise?
In what cases is a secondary party liable for a crime committed by the principal?
In what cases is a secondary party liable for a crime committed by the principal?
When does the acquittal of the principal offender lead to the acquittal of other parties?
When does the acquittal of the principal offender lead to the acquittal of other parties?
Which one of the following is not considered an inchoate offense?
Which one of the following is not considered an inchoate offense?
What is the De Minimis Principle?
What is the De Minimis Principle?
What are the tests that have been applied to determine if an act constitutes an attempt to commit an offense?
What are the tests that have been applied to determine if an act constitutes an attempt to commit an offense?
In cases of murder or manslaughter, courts are generally unwilling to accept 'medical negligence' as an intervening act breaking the chain of causation.
In cases of murder or manslaughter, courts are generally unwilling to accept 'medical negligence' as an intervening act breaking the chain of causation.