NIE Exam Questions: Free Practice Questions, Worked Examples and Revision Plan

40 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.
   Show answer

   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.
   Show answer

   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
   Show answer

   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.
   Show answer

   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
   Show answer

   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
   Show answer

   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
   Show answer

   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.
   Show answer

   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.
   Show answer

   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.
    Show answer

    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
    Show answer

    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.
    Show answer

    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
    Show answer

    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.'
    Show answer

    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
    Show answer

    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)

16. 16. SPENCER lives full-time in a static caravan. While she is away on holiday for two weeks, DUNN breaks into the caravan and steals her jewellery. Which of the following is correct?

    1. A. This is burglary of a building other than a dwelling, as the occupier was away on holiday
    2. B. This is burglary of a dwelling, as an inhabited vehicle counts even when the occupier is away
    3. C. This is burglary of a dwelling only if the caravan stands on permanent foundations
    4. D. This is not burglary because a caravan is not a building
    Show answer

    B. This is burglary of a dwelling, as an inhabited vehicle counts even when the occupier is away

    Section 9(4) of the Theft Act 1968 applies burglary to an inhabited vehicle or vessel, and treats it as a dwelling for the s.9(3) maximum. It applies whether or not the person who lives in it is there at the time. DUNN's offence is burglary of a dwelling, with a maximum of 14 years.

    Source: Theft Act 1968, s.9(4)

17. 17. What test must a constable satisfy before taking a child into police protection under s.46 Children Act 1989?

    1. A. Reasonable grounds to suspect that the child has suffered, or is likely to suffer, some degree of harm
    2. B. Reasonable cause to believe that the child would otherwise be likely to suffer significant harm
    3. C. Authorisation from an officer of at least the rank of inspector, unless delay would put the child at risk
    4. D. A belief that the child is in immediate danger of death or serious injury
    Show answer

    B. Reasonable cause to believe that the child would otherwise be likely to suffer significant harm

    Section 46(1) provides that where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may remove the child to suitable accommodation and keep him there. Alternatively, he may take reasonable steps to ensure the child's removal from a hospital or other place where he is being accommodated is prevented. No authorisation from a senior officer is needed.

    Source: Children Act 1989, s.46(1)

18. 18. PC JONES stops KAPOOR, who matches no description, because KAPOOR has a previous conviction for burglary and is walking in an area with recent burglaries. Under PACE Code A, which of the following is correct?

    1. A. The previous conviction may support a search if KAPOOR refuses to explain his presence in the area when questioned.
    2. B. The previous conviction, combined with KAPOOR's presence in an area with recent burglaries, gives reasonable grounds for a search.
    3. C. Without a description of a suspect, a previous conviction cannot be used, alone or with other factors, as the reason to search.
    4. D. A previous conviction is a sufficient ground on its own, provided it is for an offence similar to the one now suspected.
    Show answer

    C. Without a description of a suspect, a previous conviction cannot be used, alone or with other factors, as the reason to search.

    Code A para 2.2B provides that reasonable suspicion can never be supported on the basis of personal factors, including the fact that a person is known to have a previous conviction. Unless the police have information or intelligence giving a description of a suspect, such factors cannot be used, alone or in combination with others, as the reason for a search.

    Source: PACE Code A, para 2.2B

19. 19. NOLAN brings two children from another town and makes them beg in a city centre, keeping the money. He chose them because he knew passers-by would give more to children, and that adults would be likely to refuse. Under s.3 of the Modern Slavery Act 2015, which form of exploitation does this best describe?

    1. A. Sexual exploitation under s.3(3), which covers any exploitation of a child in a public place.
    2. B. Securing services or benefits from children or vulnerable persons under s.3(6).
    3. C. None, because begging is not a 'service' and the money is given by passers-by, not by the children.
    4. D. Removal of organs under s.3(4).
    Show answer

    B. Securing services or benefits from children or vulnerable persons under s.3(6).

    Section 3(6) covers using or attempting to use a person to provide services or benefits of any kind, having chosen the person because he or she is a child (or is ill, disabled or a relative), where an adult would be likely to refuse. Choosing children to beg because adults would refuse fits this exactly.

    Source: Modern Slavery Act 2015, s.3(6)

20. 20. NORRIS, a food technology teacher, brings a set of kitchen knives to a secondary school for a cookery lesson. Which is correct under s.139A of the Criminal Justice Act 1988?

    1. A. NORRIS commits no offence, because s.139A applies only to pupils and not to staff employed at the school.
    2. B. NORRIS has a s.139 article on school premises, but may prove he had it for use at work or educational purposes.
    3. C. NORRIS has no defence, because the only defences on school premises are religious reasons and national costume.
    4. D. NORRIS commits an offence only if he leaves the knives unattended where pupils can reach them.
    Show answer

    B. NORRIS has a s.139 article on school premises, but may prove he had it for use at work or educational purposes.

    Section 139A(1) makes it an offence to have an article to which s.139 applies on school premises. Section 139A(3)–(4) provides defences of good reason or lawful authority, and specifically use at work, educational purposes, religious reasons, or as part of a national costume. A teacher bringing knives for a cookery lesson can rely on these.

    Source: Criminal Justice Act 1988, s.139A

21. 21. Under s.38(3) CJPOA 1994, which of the following is correct about inferences from silence or failure to account?

    1. A. A person cannot be convicted solely on an inference drawn from such a failure or refusal.
    2. B. An inference from silence is enough on its own to establish a case to answer at the close of the prosecution case.
    3. C. Inferences may be drawn only where a special warning was given before the failure or refusal.
    4. D. Inferences may be drawn only in proceedings in the Crown Court, not in the magistrates' court.
    Show answer

    A. A person cannot be convicted solely on an inference drawn from such a failure or refusal.

    Section 38(3) CJPOA 1994 provides that a person shall not have proceedings transferred to the Crown Court for trial, have a case to answer or be convicted of an offence solely on an inference drawn from a failure or refusal mentioned in ss.34(2), 35(3), 36(2) or 37(2). Other evidence is always required.

    Source: Criminal Justice and Public Order Act 1994, s.38(3)

22. 22. PC HUGHES searches IRVING under s.23 of the Misuse of Drugs Act 1971 in a busy street and reasonably considers it necessary to look under his T-shirt. Under PACE Code A, which of the following is correct?

    1. A. The T-shirt may be removed in the street, provided the search is brief and IRVING is given a copy of the record.
    2. B. The search must take place out of public view, for example in a police van, and by an officer of the same sex.
    3. C. The search must be done at a hospital or police station by a registered medical practitioner or nurse.
    4. D. The search may be done in the street if IRVING consents, provided an officer of the same sex conducts it.
    Show answer

    B. The search must take place out of public view, for example in a police van, and by an officer of the same sex.

    Code A para 3.5 limits a public search to removal of an outer coat, jacket or gloves, with a superficial examination of outer clothing. Under para 3.6, a more thorough search, such as requiring removal of a T-shirt, must be done out of public view (for example in a police van). Any search involving removal of more than an outer coat, jacket, gloves, headgear or footwear must be by an officer of the same sex.

    Source: PACE Code A, paras 3.5-3.6

23. 23. Which of the following describes the offence of common assault, as distinct from battery?

    1. A. Intentionally or recklessly making another apprehend immediate unlawful violence
    2. B. Intentionally or recklessly applying unlawful force to another person
    3. C. Intentionally causing another to fear that violence will be used against them at some future time
    4. D. Recklessly causing another person any injury that is more than transient or trifling
    Show answer

    A. Intentionally or recklessly making another apprehend immediate unlawful violence

    Common assault is an act by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence. Battery is the intentional or reckless application of unlawful force to another. They are separate offences, both placed on a statutory footing by s.39 CJA 1988.

    Source: Criminal Justice Act 1988, s.39; CPS Offences Against the Person charging standard

24. 24. Which of the following correctly states the maximum penalties on indictment for offences under s.1 of the Protection of Children Act 1978 and for possession under s.160 of the Criminal Justice Act 1988?

    1. A. 5 years under s.1 and 10 years under s.160
    2. B. 14 years under s.1 and 10 years under s.160
    3. C. 10 years under s.1 and 2 years under s.160
    4. D. 10 years under s.1 and 5 years under s.160
    Show answer

    D. 10 years under s.1 and 5 years under s.160

    Section 6(2) of the Protection of Children Act 1978 provides a maximum of 10 years on indictment for offences under that Act, including taking, making and distributing. Section 160(2A) of the Criminal Justice Act 1988 provides a maximum of five years on indictment for simple possession.

    Source: Protection of Children Act 1978, s.6; Criminal Justice Act 1988, s.160

25. 25. PC OLIVER stops a car being driven erratically. Before anything else, and solely to find out who owns the car, he asks the driver, PATEL, 'Is this your car?' Which of the following is correct?

    1. A. PATEL must be cautioned and told he is not under arrest before any question at all is asked.
    2. B. A caution is needed only if PATEL is arrested, whatever questions are put to him at the roadside.
    3. C. No caution is needed, because the question is asked solely to establish who owns the vehicle.
    4. D. PATEL must be cautioned first, because there are already grounds to suspect him of a driving offence.
    Show answer

    C. No caution is needed, because the question is asked solely to establish who owns the vehicle.

    Code C para 10.1 requires a person suspected of an offence to be cautioned before being asked questions about it if the answers or silence may be given in evidence. A caution is not needed where questions are for other necessary purposes, including solely to establish identity or ownership of any vehicle (para 10.1(a)).

    Source: PACE Code C (2023), para 10.1

26. 26. MANN, a Sikh, wears a kirpan with a fixed blade under his clothing while walking to his place of worship. Charged under s.139 of the Criminal Justice Act 1988, which is correct?

    1. A. MANN commits no offence, because a kirpan is a religious artefact rather than an article with a blade.
    2. B. MANN may prove he had the kirpan with him for religious reasons, a defence specifically given by s.139(5).
    3. C. MANN has a defence only if he holds a licence from the chief officer of police for the kirpan.
    4. D. MANN has no defence, because religious observance is not good reason for carrying a fixed blade in public.
    Show answer

    B. MANN may prove he had the kirpan with him for religious reasons, a defence specifically given by s.139(5).

    Section 139(4) gives a general defence of good reason or lawful authority. Without limiting that, s.139(5) provides that it is a defence to prove that the article was carried for use at work, for religious reasons, or as part of any national costume. The burden is on MANN to prove the defence.

    Source: Criminal Justice Act 1988, s.139(4)–(5)

27. 27. Who may authorise the extension of a standard applicable bail period from three months to six months from the bail start date?

    1. A. A magistrates' court
    2. B. An officer of the rank of inspector or above
    3. C. An officer of the rank of superintendent or above
    4. D. A custody officer of the rank of sergeant
    Show answer

    B. An officer of the rank of inspector or above

    Under s.47ZD PACE a 'relevant officer', meaning an officer of inspector rank or above (s.47ZD(6)), may extend the standard three-month period to six months from the bail start date if satisfied that conditions A to D are met. The person or their legal representative must be told a determination is to be made, their representations considered and the outcome notified.

    Source: Police and Criminal Evidence Act 1984, s.47ZD

28. 28. Officers seize a bicycle from KNOX, believing it to be stolen. KNOX is not prosecuted, but officers still have reasonable grounds for believing it was obtained by an offence. Which of the following is correct?

    1. A. It may be retained only under an order made by a magistrates' court.
    2. B. It may be retained in order to establish its lawful owner.
    3. C. It must be returned to KNOX immediately, because there is to be no prosecution.
    4. D. It may be retained only for use as evidence at a trial for an offence.
    Show answer

    B. It may be retained in order to establish its lawful owner.

    Section 22(2)(b) PACE provides that anything may be retained in order to establish its lawful owner where there are reasonable grounds for believing it was obtained in consequence of an offence. A person claiming it may apply to a magistrates' court under the Police (Property) Act 1897 (s.22(5); Code B Note 7A).

    Source: Police and Criminal Evidence Act 1984, s.22(2)(b)

29. 29. XAVIER, aged 19, is in police detention following arrest for burglary, a recordable offence. His fingerprints have not been taken during the investigation, and he refuses to consent. Which of the following is correct?

    1. A. They may be taken without his consent only after he has been charged with the burglary.
    2. B. They may be taken without his consent, using reasonable force if necessary.
    3. C. They may be taken without his consent only if an inspector authorises it in writing.
    4. D. They cannot be taken without his written consent, but his refusal may be given in evidence.
    Show answer

    B. They may be taken without his consent, using reasonable force if necessary.

    Section 61(3) PACE allows fingerprints to be taken without consent from a person aged ten or over who is detained in consequence of arrest for a recordable offence, if they have not already been taken in the investigation (or those taken are incomplete or of insufficient quality). Code D para 4.6 allows reasonable force, and para 4.7 requires the person to be told the reason and the power.

    Source: Police and Criminal Evidence Act 1984, s.61(3); PACE Code D (2023), paras 4.3, 4.6

30. 30. XU agrees with two others to attack a man and gives them a baseball bat. As they approach the man, XU says quietly 'I'm off' and walks away. The others carry on and seriously injure the man with the bat. Which of the following is correct?

    1. A. Withdrawal can never be a defence once a person has given any assistance
    2. B. XU has a complete defence, because he left before any blow was struck
    3. C. Whether XU effectively withdrew is a question of fact and degree for the jury
    4. D. XU is liable only if he was physically present when the injuries were inflicted
    Show answer

    C. Whether XU effectively withdrew is a question of fact and degree for the jury

    A secondary party is not liable if he withdraws from the joint venture before the offence is committed. Whether he has withdrawn is a question of fact and degree for the jury. Relevant factors include the nature of the assistance given (here, supplying the weapon), how imminent the attack was, and how the withdrawal was communicated (R v O'Flaherty [2004]). A quiet remark as the attack is about to start may not be enough.

    Source: CPS Secondary liability guidance (withdrawal)

31. 31. Fourteen people gather in a retail park with the shared aim of attacking a rival group. Each of them intends to use violence. Ten throw bottles and bricks at the rival group. The other four stand with them shouting threats but throw nothing. The conduct of the group would cause a person of reasonable firmness to fear for their personal safety. Which of the following is correct regarding riot?

    1. A. All fourteen are guilty of riot because twelve or more were present together.
    2. B. None is guilty of riot, because fewer than twelve of the fourteen actually used unlawful violence.
    3. C. All fourteen are guilty of riot, provided each intended to cause injury.
    4. D. Only the ten who used violence for the common purpose commit riot.
    Show answer

    D. Only the ten who used violence for the common purpose commit riot.

    Riot under s.1 needs 12 or more people present together who use or threaten unlawful violence for a common purpose. The 14 here meet that threshold, counting those who threaten as well as those who use violence. Liability attaches only to 'each of the persons using unlawful violence' for the common purpose. The four who only threatened are not guilty of riot, although they may be guilty of violent disorder.

    Source: Public Order Act 1986, s.1

32. 32. For the purposes of the hearsay provisions of the Criminal Justice Act 2003, which of the following is expressly included in the definition of a 'statement'?

    1. A. Only a representation of fact made orally or in writing by an identified person.
    2. B. Any representation of fact by whatever means, but not a representation of opinion.
    3. C. A representation of fact or opinion, including one made in a sketch or photofit.
    4. D. A representation of fact made on oath, or by a person who is under caution.
    Show answer

    C. A representation of fact or opinion, including one made in a sketch or photofit.

    Section 115(2) CJA 2003 defines a statement as any representation of fact or opinion made by a person by whatever means, and expressly includes a representation made in a sketch, photofit or other pictorial form.

    Source: Criminal Justice Act 2003, s.115(2)

33. 33. DEAN goes into a restaurant with no money and no means of paying, intending to eat a meal and leave without paying. He orders a three-course meal. Officers, tipped off, arrest him as he places the order, before any food arrives. Which offence has DEAN committed?

    1. A. Making off without payment, contrary to s.3 of the Theft Act 1978
    2. B. Fraud by false representation, as ordering impliedly represents an intention to pay
    3. C. No offence, because he has not yet obtained anything
    4. D. Obtaining services dishonestly, contrary to s.11 of the Fraud Act 2006, as he ordered the meal by a dishonest act
    Show answer

    B. Fraud by false representation, as ordering impliedly represents an intention to pay

    Section 2(4) of the Fraud Act 2006 provides that a representation may be express or implied, and s.2(3) includes representations about the state of mind of the person making them. By ordering, DEAN impliedly represents that he intends to pay, which he knows is false. The offence is complete when the order is placed with the intent to gain, even though nothing has been obtained.

    Source: Fraud Act 2006, s.2(3) and (4)

34. 34. FINCH is charged with a summary offence. He fully admitted it in interview and is expected to plead guilty. There is no material that might assist the defence at an early stage. Under the CPIA Code of Practice, which of the following is correct about the schedule of unused material?

    1. A. A schedule must always be prepared as soon as a person is charged with any offence.
    2. B. A schedule is never required for summary offences, whatever plea is expected from the accused.
    3. C. A schedule is required only if the case is sent to the Crown Court for trial on indictment.
    4. D. A schedule is not required unless a not guilty plea is later entered or indicated.
    Show answer

    D. A schedule is not required unless a not guilty plea is later entered or indicated.

    Paragraph 6.3 of the Code lists when a schedule must be prepared. These include a summary offence where a not guilty plea is likely. Paragraph 6.4 provides that where a summary or either-way offence is likely to attract a guilty plea, for example because the accused has admitted it, a schedule is not required unless a not guilty plea is later entered or indicated.

    Source: CPIA 1996 Code of Practice, paras 6.3-6.4

35. 35. Which of the following can be charged as an attempt under s.1 of the Criminal Attempts Act 1981?

    1. A. Attempting to assist an offender under s.4(1) Criminal Law Act 1967
    2. B. Attempted theft
    3. C. Attempting to aid and abet a burglary
    4. D. Attempting to conspire to commit a robbery
    Show answer

    B. Attempted theft

    Section 1(4) applies the Act to any offence which, if completed, would be triable in England and Wales as an indictable offence. It excludes conspiracy, aiding, abetting, counselling, procuring or suborning, offences under ss.4(1) and 5(1) CLA 1967, encouraging or assisting suicide, and encouraging or assisting serious self-harm. Theft is an indictable (either-way) offence and is not excluded.

    Source: Criminal Attempts Act 1981, s.1(4)

36. 36. DC KHAN wants a warrant under s.8 PACE to search a house for evidence of careless driving, a summary-only offence. Which of the following is correct?

    1. A. A warrant may be issued, but only if a superintendent has first authorised the application in writing.
    2. B. A s.8 warrant cannot be issued, because it requires reasonable grounds to believe an indictable offence was committed.
    3. C. A warrant may be issued provided the material sought does not include excluded or special procedure material.
    4. D. A warrant may be issued if the material is likely to be of substantial value to the investigation and relevant evidence.
    Show answer

    B. A s.8 warrant cannot be issued, because it requires reasonable grounds to believe an indictable offence was committed.

    A justice may issue a s.8 PACE warrant only if satisfied there are reasonable grounds for believing that an indictable offence has been committed; that material on the premises is likely to be of substantial value to the investigation and to be relevant evidence; that it does not consist of or include legally privileged, excluded or special procedure material; and that one of the s.8(3) conditions applies.

    Source: Police and Criminal Evidence Act 1984, s.8(1)

37. 37. LOCKE sets fire to his own car, which he owns outright, in a residential street. He realises that the fire might spread to a parked car with a sleeping driver inside and endanger the driver's life, but goes ahead anyway. Which of the following is correct?

    1. A. LOCKE commits an offence only if the other car is actually damaged
    2. B. LOCKE cannot commit an offence, because he owns the car he set alight
    3. C. LOCKE commits an offence only if the driver is injured
    4. D. LOCKE may commit an offence under s.1(2), even though the car is his
    Show answer

    D. LOCKE may commit an offence under s.1(2), even though the car is his

    Section 1(2) of the Criminal Damage Act 1971 applies where a person destroys or damages any property, whether belonging to himself or another, intending or being reckless as to the damage, and intending or being reckless as to whether the life of another would thereby be endangered. Because he used fire, the offence is charged as arson (s.1(3)) and carries life imprisonment.

    Source: Criminal Damage Act 1971, s.1(2)

38. 38. BRIGGS is arrested in the street and searched under s.32 PACE. Which of the following may officers require him to remove in public?

    1. A. His outer coat, jacket, gloves and footwear
    2. B. Any clothing reasonably required for the purposes of the search
    3. C. Nothing at all; any removal of clothing must be at a police station
    4. D. His outer coat, jacket or gloves only
    Show answer

    D. His outer coat, jacket or gloves only

    Section 32(4) PACE provides that the s.32 search powers do not authorise a constable to require a person to remove any clothing in public other than an outer coat, jacket or gloves, but they do authorise a search of the person's mouth.

    Source: Police and Criminal Evidence Act 1984, s.32(4)

39. 39. In a dark car park EVANS sees a man running towards him holding something shiny. Genuinely believing he is about to be stabbed, EVANS punches him. In fact the man was holding a phone and running for a bus. Which of the following is correct?

    1. A. EVANS is judged on the facts as he genuinely believed them, even if his mistake was unreasonable
    2. B. EVANS can rely on self-defence only if his mistaken belief was a reasonable one to have made
    3. C. Self-defence is not available, because there was no actual threat to EVANS
    4. D. Self-defence is available only if EVANS first tried to retreat from the man
    Show answer

    A. EVANS is judged on the facts as he genuinely believed them, even if his mistake was unreasonable

    Under s.76(3) and (4) CJIA 2008, whether the force was reasonable is decided on the circumstances as D believed them to be. If D genuinely held the belief, he may rely on it whether or not it was mistaken, and whether or not the mistake was reasonable. Reasonableness is relevant only to whether the belief was genuinely held. The force used must still be reasonable, and not disproportionate, in those believed circumstances.

    Source: Criminal Justice and Immigration Act 2008, s.76(3)–(4)

40. 40. EAST posts a letter to FORD that contains a grossly offensive message. One of EAST's purposes is to cause FORD distress. Which offence is committed?

    1. A. Improper use of a public electronic communications network, under s.127(1) of the Communications Act 2003.
    2. B. Sending a letter conveying a grossly offensive message, under s.1 of the Malicious Communications Act 1988.
    3. C. The false communications offence, under s.179 of the Online Safety Act 2023, as the letter is a 'message'.
    4. D. Harassment, under s.2 of the Protection from Harassment Act 1997, because EAST intended FORD distress.
    Show answer

    B. Sending a letter conveying a grossly offensive message, under s.1 of the Malicious Communications Act 1988.

    Section 1(1) of the Malicious Communications Act 1988 is committed by sending to another person a letter, electronic communication or article that conveys an indecent or grossly offensive message, or is of that nature. The sender's purpose, or one of them, must be to cause distress or anxiety to the recipient or another. A posted letter is not sent via a public electronic communications network.

    Source: Malicious Communications Act 1988, s.1

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