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Questions and Answers

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?

  • 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?

  • The defense
  • The prosecution (correct)
  • Both the prosecution and defense
  • The judge
  • What is the overriding objective of the Criminal Procedure Rules?

    <p>To deal with cases efficiently and expeditiously</p> Signup and view all the answers

    What is the age of criminal responsibility in Scotland according to the text?

    <p>8 years old</p> Signup and view all the answers

    Where can you find the Criminal Procedure Rules, Practice Directions and Protocols?

    <p>At the Justice website</p> Signup and view all the answers

    How often are the Criminal Procedure Rules usually amended according to the text?

    <p>Twice per year</p> Signup and view all the answers

    Which case originally established the subjective test to determine recklessness in the context of criminal damage?

    <p>R v Cunningham 2 QB 396 CA</p> Signup and view all the answers

    Under which section of the Offences against the Person Act 1861 was Cunningham charged?

    <p>Section 23</p> Signup and view all the answers

    What is the meaning of 'malicious' in the context of criminal damage?

    <p>Foreseeing a risk of harm</p> Signup and view all the answers

    What is the test for negligence in the context of criminal damage?

    <p>Objective test</p> Signup and view all the answers

    In the UK, children below the age of 18 years are legally considered mature enough to:

    <p>All of the above</p> Signup and view all the answers

    In the UK, children below the age of 16 years cannot legally:

    <p>All of the above</p> Signup and view all the answers

    In the UK, children below the ACR (age of criminal responsibility) cannot be arrested or charged because:

    <p>They are not capable of committing crimes</p> Signup and view all the answers

    In the UK, for the majority of offences, mens rea will be satisfied if the defendant:

    <p>All of the above</p> Signup and view all the answers

    Which of the following is true regarding the burden of proof in the law of evidence?

    <p>Shifting the legal onus onto the accused is an encroachment on the presumption of innocence.</p> Signup and view all the answers

    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.

    <p>True</p> Signup and view all the answers

    When can the burden of proof be shifted onto the defendant by creating a defense?

    <p>If the matter in question is not essential to culpability for the offense.</p> Signup and view all the answers

    If the trial had taken place after the implementation date of the ECHR Act 1998, would a legal burden have been considered fair?

    <p>No</p> Signup and view all the answers

    Which organization(s) may be informed if a medical professional is convicted of a criminal offense?

    <p>All of the above</p> Signup and view all the answers

    In which cases might a medical professional come into contact with the criminal law?

    <p>All of the above</p> Signup and view all the answers

    What do the Criminal Procedure Rules govern?

    <p>All of the above</p> Signup and view all the answers

    What is the purpose of the Criminal Procedure Rules?

    <p>To encourage parties to agree on key issues</p> Signup and view all the answers

    Which type of offences do not require proof of mens rea or negligence in relation to the actus reus?

    <p>Regulatory Offences</p> Signup and view all the answers

    Which type of offences are primarily aimed at businesses in relation to health and safety?

    <p>Regulatory Offences</p> Signup and view all the answers

    What is the term used to denote the situation where there is more than one person involved in the commission of a crime?

    <p>Joint Enterprise</p> Signup and view all the answers

    What is the consequence of conviction within a joint enterprise?

    <p>All parties will be guilty of committing the crime</p> Signup and view all the answers

    Which of the following is NOT a requirement for the actus reus of a conspiracy?

    <p>Committing a criminal offense</p> Signup and view all the answers

    What is the mens rea required for inciting to commit a crime?

    <p>Advising or encouraging a person to commit a crime</p> Signup and view all the answers

    In criminal cases, when can the defense make an application to acquit?

    <p>All of the above</p> Signup and view all the answers

    When can a jury be directed to acquit both defendants in a joint indictment?

    <p>If there is no evidence suggesting they were acting together</p> Signup and view all the answers

    What must a defendant do to be considered a joint principal in a joint enterprise?

    <p>Both of the above</p> Signup and view all the answers

    In what cases is a secondary party liable for a crime committed by the principal?

    <p>Only if the secondary party helps or encourages the commission of the crime</p> Signup and view all the answers

    When does the acquittal of the principal offender lead to the acquittal of other parties?

    <p>When there is lack of proven actus reus</p> Signup and view all the answers

    Which one of the following is not considered an inchoate offense?

    <p>Committing an offense</p> Signup and view all the answers

    What is the De Minimis Principle?

    <p>A principle that states that offenses that are too small to be meaningful should not be considered</p> Signup and view all the answers

    What are the tests that have been applied to determine if an act constitutes an attempt to commit an offense?

    <p>Proximity, Rubicon, and Series of acts</p> Signup and view all the answers

    In cases of murder or manslaughter, courts are generally unwilling to accept 'medical negligence' as an intervening act breaking the chain of causation.

    <p>True</p> Signup and view all the answers

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