National Investigators' Exam (NIE) 2027: Format, Pass Mark, Dates and Syllabus

15 free NIE practice questions with answers

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1. 1. THORNE's interview is interrupted for a 45-minute meal break. When the interview resumes, which of the following is correct?

   1. A. The caution must always be repeated in full after any break in the interview, however short it was.
   2. B. No reminder of the caution is needed, because the break lasted for less than one hour.
   3. C. THORNE must be made aware he remains under caution and, if in any doubt, cautioned again in full.
   4. D. A fresh caution is needed only if a different officer resumes the interview after the break.
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   C. THORNE must be made aware he remains under caution and, if in any doubt, cautioned again in full.

   Under Code C para 10.8, after any break in questioning under caution the person must be made aware that they remain under caution, and if there is any doubt the relevant caution should be given again in full when the interview resumes. Code E para 3.16 adds that the suspect should also be reminded of the right to legal advice if not exercised.

   Source: PACE Code C (2023), para 10.8; PACE Code E (2018), para 3.16

2. 2. FORBES, a serving prisoner, has a psychoactive substance (not a controlled drug) in his cell. He knows what it is and intends to take it himself. Which is correct?

   1. A. FORBES commits an offence only if the substance is proved to be harmful to his health.
   2. B. FORBES commits the s.9 offence of possessing a psychoactive substance in a custodial institution.
   3. C. FORBES commits no offence, as the substance is for his own consumption and he has no intent to supply.
   4. D. FORBES commits possession with intent to supply under s.7, as a prison is treated as a place of supply.
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   B. FORBES commits the s.9 offence of possessing a psychoactive substance in a custodial institution.

   Section 9 makes it an offence to possess a psychoactive substance in a custodial institution, knowing or suspecting it is one, with intent to consume it for its psychoactive effects. 'Custodial institution' (defined in s.6) includes a prison. The maximum on indictment is 2 years.

   Source: Psychoactive Substances Act 2016, s.9

3. 3. How does s.74 of the Sexual Offences Act 2003 define consent for the purposes of Part 1 of the Act?

   1. A. A person consents if a reasonable person in the defendant's position would have believed he or she agreed
   2. B. A person consents if he agrees by choice, with the freedom and capacity to make that choice
   3. C. A person consents if he or she does not physically resist or otherwise signal a refusal
   4. D. A person consents if he or she is aged 16 or over and does not voice any objection at the time
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   B. A person consents if he agrees by choice, with the freedom and capacity to make that choice

   Section 74 of the Sexual Offences Act 2003 provides that a person consents if he agrees by choice, and has the freedom and capacity to make that choice. Submission is not the same as consent, and a lack of resistance does not show agreement. Whether the defendant reasonably believed in consent is a separate element of each offence.

   Source: Sexual Offences Act 2003, s.74

4. 4. Police executing a warrant at ADAMSON's house in England find a modern knuckleduster in his bedside drawer. He has never taken it outside. He does not claim it has any historical, museum, educational or theatrical purpose. Which is correct?

   1. A. ADAMSON commits an offence only if he intended to sell or hire it, as private possession is not an offence.
   2. B. ADAMSON commits no offence, because a knuckleduster is caught only when it is taken into a public place.
   3. C. ADAMSON commits an offence under s.141(1A) CJA 1988 of possessing a listed weapon in private.
   4. D. ADAMSON commits an offence under s.1 of the Prevention of Crime Act 1953, as it is made for causing injury.
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   C. ADAMSON commits an offence under s.141(1A) CJA 1988 of possessing a listed weapon in private.

   Section 141(1A) makes it an offence to possess in private a weapon to which s.141 applies. In England and Wales 'in private' means anywhere other than a public place, school or further education premises, or a prison (s.141(1C)). A knuckleduster is listed in the Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (antiques, broadly over 100 years old, are excluded), so possession of a modern one at home is an offence unless a statutory defence applies.

   Source: Criminal Justice Act 1988, s.141(1A) and (1C)

5. 5. On a charge of murder, who bears the burden of proving diminished responsibility, and to what standard?

   1. A. The judge decides it as a question of law on medical evidence
   2. B. The prosecution, beyond reasonable doubt, once the defence raises it
   3. C. The defence, on the balance of probabilities
   4. D. The defence, beyond reasonable doubt
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   C. The defence, on the balance of probabilities

   Section 2(2) Homicide Act 1957 provides that on a charge of murder it is for the defence to prove that the accused is not liable to be convicted of murder by reason of diminished responsibility. Where the burden is on the defence, the standard is the balance of probabilities, as the CPS guidance confirms.

   Source: Homicide Act 1957, s.2(2)

6. 6. XENA, a door supervisor, puts a customer in a chokehold to remove him from a nightclub. There is no domestic relationship between them, and the customer suffers no visible injury. Which of the following is correct regarding s.75A SCA 2015?

   1. A. The offence cannot apply, because no injury was caused
   2. B. It can apply: it needs no injury and is not limited to domestic abuse
   3. C. The offence can apply only if the customer lost consciousness, however briefly
   4. D. The offence cannot apply, because it is confined to cases involving domestic abuse
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   B. It can apply: it needs no injury and is not limited to domestic abuse

   The CPS guidance stresses that s.75A applies to all cases, not just those involving domestic abuse, and should be considered wherever there is evidence of strangulation or suffocation. A chokehold or headlock is a recognised method of strangulation, and no injury is required. Whether any force used was lawful (for example reasonable force to remove a trespasser) would be a separate question.

   Source: Serious Crime Act 2015, s.75A; CPS Strangulation and suffocation guidance

7. 7. Following R v Barton and Booth, which of the following correctly describes how dishonesty is decided in theft where s.2 of the Theft Act 1968 does not apply?

   1. A. Dishonesty is a question of law for the judge, decided by reference to the definitions in s.2
   2. B. The jury first find the defendant's actual knowledge or belief as to the facts, then decide whether his conduct was dishonest by the standards of ordinary decent people
   3. C. The jury apply the defendant's own standards of honesty, provided his belief that his conduct met those standards was genuinely held
   4. D. The jury decide whether the conduct was dishonest by the standards of ordinary decent people, and then whether the defendant realised it was dishonest by those standards
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   B. The jury first find the defendant's actual knowledge or belief as to the facts, then decide whether his conduct was dishonest by the standards of ordinary decent people

   In Ivey v Genting Casinos, approved for criminal cases in R v Barton and Booth, the tribunal first ascertains, subjectively, the actual state of the defendant's knowledge or belief as to the facts. It then decides whether his conduct was dishonest by the objective standards of ordinary decent people. The second limb of the old Ghosh test, whether the defendant realised his conduct was dishonest by those standards, no longer applies.

   Source: Theft Act 1968, s.2 (Ivey v Genting; R v Barton and Booth)

8. 8. MERRICK fails to surrender to his bail at the magistrates' court and is charged with an offence under s.6(1) Bail Act 1976. Which of the following is correct?

   1. A. The offence can be committed only in relation to bail granted by a court, not by the police.
   2. B. It is for MERRICK to prove that he had reasonable cause for failing to surrender.
   3. C. Not having been given a copy of the bail record would be a reasonable cause.
   4. D. The prosecution must prove beyond reasonable doubt that he had no reasonable cause.
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   B. It is for MERRICK to prove that he had reasonable cause for failing to surrender.

   A person released on bail in criminal proceedings who fails without reasonable cause to surrender to custody commits an offence (s.6(1) Bail Act 1976); it is also an offence, having had reasonable cause, to fail to surrender as soon after as reasonably practicable (s.6(2)). The accused must prove reasonable cause (s.6(3)), and failure to give him a copy of the bail record is not reasonable cause (s.6(4)).

   Source: Bail Act 1976, s.6(1)-(4)

9. 9. The officer in charge of an investigation reasonably believes there is sufficient evidence to provide a realistic prospect of convicting VEALE, a detained suspect. What does Code C require the officer to do?

   1. A. Inform the custody officer without delay, as the custody officer is responsible for considering charge.
   2. B. Refer the case to a superintendent to consider extending VEALE's detention so that further enquiries can be made.
   3. C. Charge VEALE personally at the end of the interview and then inform the custody officer.
   4. D. Continue interviewing VEALE until he has been given the chance to admit the offence on tape.
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   A. Inform the custody officer without delay, as the custody officer is responsible for considering charge.

   Code C para 16.1 provides that when the officer in charge reasonably believes there is sufficient evidence to provide a realistic prospect of conviction, they must inform the custody officer without delay, who is responsible for considering whether the detainee should be charged in line with the DPP's Guidance (para 16.1A). Para 11.6 requires the interview to stop at that point.

   Source: PACE Code C (2023), paras 11.6, 16.1-16.1A

10. 10. A campaign group plans a march through a town centre to publicise its cause. Advance notice is reasonably practicable. Which is correct regarding notice under s.11 of the Public Order Act 1986?

    1. A. Notice may be given orally or in writing to the chief officer of police at least 6 clear days before the march.
    2. B. Written notice must be given to the local council, rather than the police, at least 28 days before the march.
    3. C. No notice is needed unless more than 20 people are expected, as smaller marches are exempt from s.11.
    4. D. It must be in writing, delivered to a police station in the area where it starts, normally 6 clear days before.
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    D. It must be in writing, delivered to a police station in the area where it starts, normally 6 clear days before.

    Section 11(1) requires written notice of a public procession intended to demonstrate support for or opposition to views, publicise a cause or campaign, or commemorate an event, unless advance notice is not reasonably practicable. Section 11(4)-(6) requires delivery to a police station in the area where the procession will start, not less than 6 clear days before (by recorded delivery or by hand).

    Source: Public Order Act 1986, s.11

11. 11. Which of the following is an intimate sample under PACE?

    1. A. Hair plucked from the head, with the root
    2. B. A sample of saliva
    3. C. A swab taken from inside the mouth
    4. D. A dental impression
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    D. A dental impression

    Under s.65 PACE and Code D para 6.1, intimate samples are a dental impression; blood, semen or any other tissue fluid, urine or pubic hair; and a swab from the genitals or a body orifice other than the mouth. Non-intimate samples include hair other than pubic hair, nail samples, swabs from other parts of the body including the mouth, saliva and skin impressions.

    Source: Police and Criminal Evidence Act 1984, s.65; PACE Code D (2023), para 6.1

12. 12. Which of the following correctly states how riot under s.1 of the Public Order Act 1986 is tried and its maximum penalty?

    1. A. Triable on indictment only, with a maximum of 10 years' imprisonment.
    2. B. Triable either way, with a maximum of 5 years' imprisonment on indictment.
    3. C. Triable only on indictment, with a maximum term of 14 years' imprisonment.
    4. D. Triable either way, with a maximum of 3 years' imprisonment on indictment.
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    A. Triable on indictment only, with a maximum of 10 years' imprisonment.

    Section 1(6) provides that a person guilty of riot is liable on conviction on indictment to imprisonment for up to ten years. There is no summary mode, so riot is indictable only. Violent disorder (5 years) and affray (3 years) are triable either way.

    Source: Public Order Act 1986, s.1(6)

13. 13. Which of the following is correct regarding the offence of rape under s.1 of the Sexual Offences Act 2003?

    1. A. It requires penetration of the vagina or anus only, with any part of the body
    2. B. It requires penetration of the vagina only, by any means
    3. C. It requires penile penetration of the vagina, anus or mouth
    4. D. It can be committed as the principal by any person who causes another to be penetrated
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    C. It requires penile penetration of the vagina, anus or mouth

    Section 1(1) of the Sexual Offences Act 2003 requires A intentionally to penetrate the vagina, anus or mouth of B with his penis, without B's consent and without a reasonable belief in consent. Only a person with a penis can commit it as the principal, although anyone can be a secondary party. Under s.79(3), references to a part of the body include a part surgically constructed. Rape carries life imprisonment.

    Source: Sexual Offences Act 2003, s.1

14. 14. Where the restriction on drawing adverse inferences from silence does not apply, which of the following is the caution Code C requires to be given on arrest?

    1. A. '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. Anything you do say may be given in evidence.'
    2. B. 'You do not have to say anything. But it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence.'
    3. C. 'You are not obliged to say anything unless you wish to do so, but what you say may be put into writing and given in evidence.'
    4. D. 'You do not have to say anything, but anything you do say may be given in evidence.'
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    A. '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. Anything you do say may be given in evidence.'

    Code C para 10.5 prescribes the caution to be given on arrest and on all other occasions before charge, unless the Annex C restriction applies. Minor deviations do not breach the Code if the sense is preserved (para 10.7), but the reference to failing to mention 'when questioned' something later relied on in court is essential.

    Source: PACE Code C (2023), para 10.5

15. 15. EDWARDS has been charged with robbery and refused bail. He is kept in police detention overnight to appear at court in the morning. Who must carry out reviews of his detention?

    1. A. An inspector not directly involved in the investigation
    2. B. No one, because reviews are not required after charge
    3. C. A superintendent responsible for the station
    4. D. The custody officer
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    D. The custody officer

    Section 40(1) PACE requires periodic reviews of detention: for a person arrested and charged, by the custody officer (s.40(1)(a)); for a person arrested but not charged, by an inspector or above not directly involved in the investigation (s.40(1)(b)). Code C Note 15A says the same.

    Source: Police and Criminal Evidence Act 1984, s.40(1)

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