National Police Promotion Framework (NPPF) Step 2 Legal Exam (OSPRE Part 1) Evidence and Procedure Syllabus

What is the difference between 'remand in custody' and 'remand on bail'?

Remand in custody means the defendant is detained (in prison or police custody) pending the next hearing; remand on bail means the defendant is released into the community, with or without conditions, pending the next hearing.

What is a witness summons and when is it used?

A court order compelling a witness to attend court to give evidence (or produce a document) where they are unlikely to attend voluntarily; failure to comply can amount to contempt of court.

What is a 'special measures' direction, and name three special measures for vulnerable or intimidated witnesses?

A direction under the Youth Justice and Criminal Evidence Act 1999 to help a witness give best evidence. Examples: screens around the witness, live video link, evidence given in private, removal of wigs/gowns, video-recorded evidence-in-chief, and an intermediary.

Where does the legal burden of proof generally lie in a criminal trial, and from what case principle does this derive?

On the prosecution, which must prove the defendant's guilt; this is the 'golden thread' running through English criminal law established in Woolmington v DPP [1935].

What is the criminal standard of proof the prosecution must meet?

Beyond reasonable doubt (often expressed to juries as being 'sure' of guilt).

What is the difference between the legal (persuasive) burden and the evidential burden?

The legal burden is the obligation to prove a fact in issue to the required standard; the evidential burden is merely the obligation to adduce enough evidence to raise an issue fit for the court's consideration before the legal burden operates.

When a defendant bears a legal burden (a 'reverse burden'), what standard of proof must they meet?

The civil standard, on the balance of probabilities (i.e. more likely than not).

Give two common situations where a legal (reverse) burden is placed on the defence.

Raising the defence of insanity (M'Naghten), and proving a statutory defence/exception such as having a 'reasonable excuse' or proving diminished responsibility; also proving 'reasonable cause' for failing to surrender to bail.

What are the two fundamental conditions for evidence to be admissible?

It must be (1) relevant to a fact in issue (logically probative of a matter requiring proof) and (2) not subject to an exclusionary rule (i.e. legally admissible).

Under s.78 of PACE 1984, when may a court exclude prosecution evidence?

Where, having regard to all the circumstances including how the evidence was obtained, admitting it would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

What is the distinction between an admissible question of 'weight' and one of 'admissibility'?

Admissibility is a question of law for the judge (whether the jury may hear the evidence at all); weight is the value or persuasiveness of admitted evidence, which is a question of fact for the jury/tribunal of fact.

What is the general rule on the competence and compellability of witnesses?

At common law and under the YJCEA 1999, all persons are competent to give evidence and competent witnesses are generally compellable, subject to exceptions (e.g. the accused, the accused's spouse/civil partner in limited circumstances, and those who cannot understand questions or give intelligible answers).

Is the defendant a competent and compellable witness for the prosecution and defence?

The defendant is competent (but not compellable) as a witness for their own defence; the defendant is NOT competent as a witness for the prosecution.

In what circumstances is the accused's spouse or civil partner compellable for the prosecution?

Under s.80 PACE 1984, generally only for 'specified offences' — broadly those involving an assault on, injury or threat of injury to the spouse/civil partner or a person under 16, or a sexual offence against a person under 16.

What is the difference between examination-in-chief, cross-examination and re-examination?

Examination-in-chief is questioning by the party calling the witness (no leading questions on disputed matters); cross-examination is questioning by the opposing party (leading questions allowed, may challenge credibility); re-examination is further questioning by the calling party limited to matters arising from cross-examination.

What is a 'leading question' and in which stage of testimony is it generally prohibited?

A question that suggests its own answer or assumes a fact in dispute; it is generally prohibited in examination-in-chief and re-examination, but permitted in cross-examination.

What is the statutory definition of a confession under s.82(1) PACE 1984?

A confession includes any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise.

Under s.76 PACE 1984, on what two grounds must a confession be excluded if represented by the defence?

If it was or may have been obtained (1) by oppression of the person who made it, or (2) in consequence of anything said or done likely to render unreliable any confession the accused might make. The prosecution must then prove beyond reasonable doubt it was not so obtained.

How is 'oppression' defined for the purposes of excluding a confession (s.76(8) PACE)?

Oppression includes torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to torture).

What is the legal definition of hearsay evidence in criminal proceedings?

A statement not made in oral evidence in the proceedings that is relied upon as evidence of a matter stated in it (i.e. an out-of-court statement adduced to prove the truth of its contents) — s.114 Criminal Justice Act 2003.

Under s.114 CJA 2003, what are the four 'gateways' through which hearsay may be admitted?

(1) A statutory provision makes it admissible; (2) a preserved common-law rule applies; (3) all parties agree to its admission; or (4) the court is satisfied it is in the interests of justice to admit it.

Name two statutory grounds under s.116 CJA 2003 for admitting hearsay where a witness is unavailable.

Where the relevant person (the maker of the statement) is dead; is unfit through bodily or mental condition; is outside the UK and attendance is not reasonably practicable; cannot be found despite reasonable steps; or does not give evidence through fear (with leave).

What is the statutory definition of 'bad character' evidence under s.98 CJA 2003?

Evidence of, or of a disposition towards, misconduct on the part of a person, OTHER THAN evidence which has to do with the alleged facts of the offence charged or is evidence of misconduct in connection with its investigation or prosecution.

Through how many 'gateways' may a defendant's bad character be admitted under s.101 CJA 2003, and name three.

Seven gateways (s.101(1)(a)-(g)). Examples: all parties agree (a); the defendant adduces it (b); it is important explanatory evidence (c); it is relevant to an important matter in issue between defendant and prosecution (d); and the defendant has attacked another person's character (g).

What does 'propensity' mean in the context of defendant bad character evidence under gateway (d)?

A tendency to commit offences of the kind charged, or to be untruthful; such propensity can be an important matter in issue making the bad character relevant, though it cannot be the sole basis for conviction.

What is the difference between documentary evidence and real evidence?

Documentary evidence is information contained in a document (writing, maps, plans, recordings) produced for inspection; real evidence is a physical object/material thing (e.g. a weapon, clothing, fingerprints) produced for the court to examine directly.

What four inferences from silence are provided for under ss.34-37 of the Criminal Justice and Public Order Act 1994?

s.34 — failure to mention a fact when questioned/charged later relied on in defence; s.35 — failure to testify at trial; s.36 — failure to account for objects, substances or marks; s.37 — failure to account for presence at a particular place.

What safeguard prevents a conviction based 'solely' on an inference from silence, and what caution wording reflects the s.34 risk?

A person cannot be convicted solely on an inference from silence (s.38 CJPOA 1994); the caution warns: 'You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court.'

What is the prosecution's continuing duty of disclosure under s.3 of the CPIA 1996?

To disclose to the defence any previously undisclosed material which might reasonably be considered capable of undermining the prosecution case or of assisting the case for the accused (the 'unused material' test); this duty is continuing throughout proceedings.

What is a defence statement, when is it required, and what must it contain?

A written statement of the defence required from the accused in the Crown Court (and optional but encouraged in the magistrates' court) under ss.5-6 CPIA 1996. It must set out the nature of the defence, matters of fact in dispute, why issue is taken, particulars of any alibi, and any points of law to be raised.

What is the role and responsibility of the investigator and the disclosure officer in the CPIA disclosure regime?

The investigator must pursue all reasonable lines of enquiry (whether pointing towards or away from the suspect) and record and retain material; the disclosure officer examines, schedules and reveals retained 'unused' material to the prosecutor, certifying compliance, so the prosecutor can decide on disclosure.

What is 'sensitive material' in the disclosure context, and how is it handled (including third-party material and PII)?

Material the investigator believes it is not in the public interest to disclose (e.g. informant identity, surveillance techniques, intelligence). It is listed on a separate sensitive schedule; third-party material is sought via the third party, and where the prosecution wishes to withhold disclosable sensitive material it must apply to the court for Public Interest Immunity (PII).