Police Sergeant Exam
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Inspectors' exam: 50 practice questions

Mock format: 150 questions, 180 minutes, pass 98/150 (65%) (real exam: 65% — 91 of 140 scored questions in the real exam). Answer key on the last page. From policesergeantexam.co.uk. Independent revision site. Not affiliated with the College of Policing, the Home Office or Oxford University Press (Blackstone's). Not legal advice. Contains public sector information licensed under the Open Government Licence v3.0.

  1. 1. KHAN is charged with burglary. Which of the following would NOT be evidence of 'bad character' as defined by s.98 of the Criminal Justice Act 2003?

    1. A. Evidence that KHAN has a reputation in his area for handling stolen goods.
    2. B. Evidence that KHAN tried to bribe a witness in the investigation of this burglary.
    3. C. Evidence that KHAN was cautioned for possessing cannabis last year.
    4. D. Evidence that KHAN was convicted of theft from a shop four years ago.

  2. 2. HALL emails a small business pretending to be its regular supplier and asks for an invoice to be paid into a 'new' bank account that he controls. Staff become suspicious and pay nothing. Which of the following is correct?

    1. A. HALL commits fraud by false representation, even though nothing was paid
    2. B. HALL commits no offence, because nobody was deceived
    3. C. HALL commits fraud only if the business suffered a loss
    4. D. HALL commits attempted fraud only, because his representation did not succeed in obtaining any money

  3. 3. EDWARDS punches FRY, causing no injury, while shouting racial abuse about FRY's wife, who is of Pakistani origin. FRY himself is white British. Which is correct?

    1. A. The common assault may be racially aggravated, because 'membership' includes association with members of the group.
    2. B. The assault is racially aggravated only if FRY's wife was present and heard the abuse that was directed at her.
    3. C. The assault can only be treated as aggravated at sentence under the Sentencing Act 2020, not charged as such.
    4. D. The assault cannot be racially aggravated, because FRY is not himself a member of the racial group to which the abuse referred.

  4. 4. In which of the following situations does s.170 of the Road Traffic Act 1988 (duty to stop and give information) apply?

    1. A. Owing to the presence of a car on a road, a pedestrian is injured.
    2. B. A driver crashes into a tree on private land that is neither a road nor a public place, injuring only himself.
    3. C. A car hits and kills a cat on a road, and there is no other damage.
    4. D. A driver damages only his own car by hitting a kerb.

  5. 5. BRIGGS knows that entry to a music festival is by paid ticket only. Intending not to pay, he climbs over the perimeter fence and watches the performances all weekend. Which offence is most appropriate?

    1. A. Fraud by false representation, under s.2
    2. B. Obtaining services dishonestly, under s.11
    3. C. Making off without payment, under s.3 of the Theft Act 1978
    4. D. Theft of the performances, under s.1 of the Theft Act 1968

  6. 6. An information is laid in writing before a justice alleging that YATES, aged 30, committed a summary offence that is not punishable with imprisonment. YATES has a settled address where a summons can be served. Which of the following is correct?

    1. A. The justice may not issue a warrant; a summons is the only option on these facts.
    2. B. The justice may issue a warrant because any offence may be dealt with by warrant if the prosecutor requests it.
    3. C. The justice may issue a warrant only if YATES has failed to attend court before.
    4. D. The justice may issue a warrant for YATES's arrest because the information is in writing.

  7. 7. LOCK punches a man in the eye. The blow ruptures blood vessels inside the eye, causing internal bleeding, but the skin is not broken anywhere. Which of the following is correct?

    1. A. The injury is a wound, because blood vessels have been ruptured
    2. B. The injury is not a wound, because there is no break in the continuity of the skin
    3. C. The injury is not a wound, because a wound can be caused only by a weapon or instrument
    4. D. The injury is a wound, because there has been internal bleeding

  8. 8. 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

  9. 9. Under s.5(3) of the Criminal Damage Act 1971, what is required of a belief relied on as a lawful excuse under s.5(2)?

    1. A. It must be both honestly held and objectively reasonable
    2. B. It must be supported by some independent evidence
    3. C. It must be honestly held, and it is immaterial whether it is justified
    4. D. It must be reasonable in the eyes of a sober and reasonable person

  10. 10. What test does the prosecutor apply under s.3 of the Criminal Procedure and Investigations Act 1996 when making initial disclosure?

    1. A. Disclose unused material only if the defence have identified it in a defence statement and asked for it in writing.
    2. B. Disclose all material obtained during the investigation, whether or not it is relevant, unless it is sensitive and the subject of a court order.
    3. C. Disclose only the material the prosecution intend to rely on at trial, together with the schedule of non-sensitive material.
    4. D. Disclose undisclosed prosecution material that might reasonably be considered capable of undermining the prosecution case or assisting the accused.

  11. 11. VOSS, aged 19, has sexual intercourse with a girl aged 12. She tells him she wants to, and he genuinely and reasonably believes she is 16. Which of the following is correct?

    1. A. VOSS commits an offence under s.9 only, because she consented
    2. B. VOSS commits rape of a child under 13, contrary to s.5
    3. C. VOSS has a defence, because he reasonably believed she was 16
    4. D. VOSS commits no offence because she consented

  12. 12. PARKER, drinking with a friend in a pub, says: 'It was me who torched that car last night.' The friend later tells the police. Which of the following is correct about PARKER's remark under s.82 of PACE?

    1. A. It is a confession, as a statement wholly or partly adverse to its maker, to whomever made.
    2. B. It is not a confession, because PARKER had not been cautioned before he said it.
    3. C. It is not a confession, because it was not made to a police officer or other person in authority.
    4. D. It is a confession only if PARKER later repeats it in a recorded interview under caution.

  13. 13. PC TAYLOR has reasonable grounds to suspect that UPTON, who is walking through a park, is in possession of cocaine. UPTON has not been arrested. Which power allows PC TAYLOR to search UPTON?

    1. A. Section 23(2) Misuse of Drugs Act 1971, which lets him search UPTON and detain him for that purpose.
    2. B. None; UPTON must first be arrested and then searched under s.32 PACE for evidence of the offence.
    3. C. Section 23(2) Misuse of Drugs Act 1971, but only if an inspector has authorised the search.
    4. D. Section 23(3) Misuse of Drugs Act 1971, which requires a warrant from a justice of the peace.

  14. 14. Which of the following is a complete defence to murder, rather than a partial defence reducing murder to manslaughter?

    1. A. Diminished responsibility
    2. B. Self-defence
    3. C. Loss of control
    4. D. Killing in pursuance of a suicide pact

  15. 15. WINTER is on pre-charge bail with a condition not to contact a named witness. PC YORK has reasonable grounds for suspecting that WINTER has broken that condition. Which of the following is correct?

    1. A. PC YORK may arrest WINTER without warrant under s.46A PACE.
    2. B. WINTER may only be reported for summons, because breaching a bail condition is an offence.
    3. C. PC YORK must apply to a magistrates' court for a warrant to arrest WINTER for breaching the condition.
    4. D. PC YORK may arrest WINTER only if he has reasonable grounds for believing the condition has been broken.

  16. 16. Apart from material that may meet the disclosure test, the CPIA Code of Practice requires the disclosure officer to give the prosecutor a copy of material in certain categories. Which of the following is one of those categories?

    1. A. Information provided by the accused which indicates an explanation for the offence charged.
    2. B. Any material that supports the prosecution case or corroborates a prosecution witness.
    3. C. All officers' pocket notebooks from the shift on which the offence was first reported to the police.
    4. D. All intelligence logs relating to the accused's known associates and family members.

  17. 17. QUAYLE owns a wooden shed outright and it is not subject to any charge. It stands alone in the middle of his own large field. He burns it down because he is tired of it, knowing that nobody else is anywhere near and that no other property can be affected. Which of the following is correct?

    1. A. QUAYLE commits no offence under s.1 of the Criminal Damage Act 1971
    2. B. QUAYLE commits arson because fire is inherently dangerous
    3. C. QUAYLE commits arson under s.1(2), because the shed was destroyed by fire
    4. D. QUAYLE commits arson under s.1(1) and (3)

  18. 18. CHASE is detained under s.136 in a shopping centre at 21:00 and arrives at a hospital place of safety at 21:40. No extension is authorised. When does the permitted period of detention end?

    1. A. At 09:40 the following day.
    2. B. At 21:40 on the second day afterwards.
    3. C. At 21:00 the following day.
    4. D. At 21:40 the following day.

  19. 19. BRADY arrives at the police station at 08:00 and his detention without charge is authorised at 08:30. By what time must the first review of his detention be carried out?

    1. A. 14:30
    2. B. 14:00
    3. C. 17:30
    4. D. 17:00

  20. 20. 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

  21. 21. None of the eye-witness identification procedures, including covert options, is practicable for SUTTON, so the identification officer arranges a confrontation. Which of the following is correct?

    1. A. The confrontation must take place in a public place, so that other people are present.
    2. B. SUTTON's consent is not needed, but force may not be used to make his face visible.
    3. C. Officers may use reasonable force to hold SUTTON's head so the eye-witness can see his face.
    4. D. A confrontation cannot take place unless SUTTON gives his written consent to it.

  22. 22. Under the CPIA 1996 Code of Practice, which role is defined as the police officer responsible for directing a criminal investigation, and for ensuring that proper procedures are in place for recording information and retaining records and other material?

    1. A. The disclosure officer appointed for the case.
    2. B. The prosecutor allocated to conduct the case.
    3. C. The officer in charge of the investigation.
    4. D. Any investigator involved in conducting the inquiry.

  23. 23. A sergeant wants to use dispersal powers in a town centre over a bank holiday weekend because of persistent alcohol-related disorder. Which is correct regarding an authorisation under s.34 of the Anti-social Behaviour, Crime and Policing Act 2014?

    1. A. The sergeant may give it orally for up to 72 hours, if it is recorded in writing as soon as practicable.
    2. B. It may be given by any constable in uniform, in writing, and may last for no more than 48 hours.
    3. C. It must be given by a superintendent or above, in writing, and may last for no more than 24 hours.
    4. D. An inspector or above must give it, in writing and signed, stating the grounds, for no more than 48 hours.

  24. 24. VOSS is arrested for burglary and taken to the police station. Officers want to search VOSS's home for the stolen jewellery under s.18 PACE. Which of the following is correct?

    1. A. There must be reasonable grounds for believing the jewellery is there, and a superintendent must authorise the search in writing.
    2. B. No authority is needed, because VOSS is under arrest for an indictable offence and the house is occupied by him.
    3. C. A sergeant may authorise the search orally, provided the grounds for suspecting the jewellery is at the house are recorded in VOSS's custody record.
    4. D. An inspector or above must authorise it in writing, and there must be reasonable grounds to suspect evidence of that or a connected or similar indictable offence is there.

  25. 25. STONE knows that WEST has given police a statement about a robbery that is still being investigated. STONE goes to WEST's mother's house and tells her that WEST 'had better forget what he saw'. WEST is not present. Which is correct regarding s.51(1) of the Criminal Justice and Public Order Act 1994?

    1. A. STONE commits the offence only once proceedings have been instituted, because until then WEST is not a witness in proceedings for an offence.
    2. B. No offence is committed, because the threat was made to WEST's mother, and s.51(1) protects only the witness himself, not his family.
    3. C. No offence is committed, because s.51(1) requires the intimidating act to be done in WEST's presence so that he is actually put in fear.
    4. D. STONE may commit the offence, as it is immaterial that the act is done in the victim's absence or to someone other than the victim.

  26. 26. 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.

  27. 27. Which of the following is correct regarding the offence under s.143 of the Road Traffic Act 1988 (using a motor vehicle without insurance)?

    1. A. It applies to any mechanically propelled vehicle, including off-road machines used solely on private land.
    2. B. It applies only to driving a motor vehicle on a road, so a vehicle left parked on a road is outside its scope.
    3. C. It covers using, or causing or permitting use of, a motor vehicle on a road or public place without insurance.
    4. D. It is committed only by the registered keeper, and only where the vehicle is driven on a road by someone else.

  28. 28. PC KANE arrests LONG for burglary by taking hold of him in the street. LONG says, 'Fair enough, I know why you're grabbing me.' Which of the following is correct under s.28 of PACE?

    1. A. LONG must be told of the arrest and its ground as soon as practicable, even though both are obvious.
    2. B. LONG need not be told he is under arrest, because the fact of the arrest was made obvious by PC KANE taking hold of him.
    3. C. LONG need be told of the arrest and its ground only on arrival at the police station, before the custody officer.
    4. D. LONG must be told he is under arrest, but need not be told the ground because he has said that he already knows it.

  29. 29. IVY, aged 9, deliberately sets fire to a shed causing serious damage. Which of the following is correct?

    1. A. IVY can be prosecuted if the prosecution prove that she knew her act was seriously wrong.
    2. B. IVY can be prosecuted, but only with the consent of the Director of Public Prosecutions.
    3. C. It is conclusively presumed that IVY cannot be guilty of any offence, because she is under 10.
    4. D. IVY can be charged with arson, because the act was deliberate and the damage caused was serious.

  30. 30. KAYE has an ordinary folding pocketknife, which does not lock, in his pocket in a high street. Its cutting edge is 3.5 inches. Which is correct?

    1. A. Section 139 applies only if the knife locks in the open position.
    2. B. Section 139 does not apply, because any non-locking folding pocketknife is excluded whatever its length.
    3. C. Section 139 applies only if the knife is also sharply pointed.
    4. D. Section 139 applies, because the cutting edge of the folding pocketknife exceeds 3 inches.

  31. 31. On a crowded train, MOORE uses a phone file-sharing function to send a stranger a photograph of a man's genitals. He does so for sexual gratification and is reckless as to whether she will be alarmed. The photograph is not of MOORE. Which is correct?

    1. A. MOORE commits the offence of exposure under s.66 of the Sexual Offences Act 2003, as the image was sent in public.
    2. B. MOORE may commit the s.66A Sexual Offences Act 2003 offence, which covers a photograph of any person's genitals.
    3. C. MOORE commits the s.66A offence only if he intended her to see the genitals and be caused alarm, distress or humiliation.
    4. D. MOORE commits no offence, because the genitals in the photograph were not his own and he exposed nothing.

  32. 32. Which of the following correctly states who can commit the offence of cruelty to a person under 16 contrary to s.1 Children and Young Persons Act 1933?

    1. A. Any person, of any age, who has responsibility for or care of a child or young person under 18
    2. B. Any person aged 16 or over who has responsibility for a child or young person under 16
    3. C. Any person aged 18 or over who has care of a child under 16, whether or not they are related to the child
    4. D. Only a parent or legal guardian of a child under 16

  33. 33. Which of the following is correct regarding a person who aids, abets, counsels or procures the commission of an indictable offence?

    1. A. They are liable to be tried, indicted and punished as a principal offender
    2. B. They commit a distinct offence of assisting an offender under the Criminal Law Act 1967
    3. C. They are liable to no more than half the maximum penalty for the offence
    4. D. They can be convicted only after the principal offender has been convicted

  34. 34. A special measures direction provides for a screen to shield DAVIES from the accused while she gives evidence. Under s.23 of the Youth Justice and Criminal Evidence Act 1999, the screen must NOT prevent DAVIES from seeing, and being seen by, whom?

    1. A. The judge or justices, the jury, the legal representatives and any interpreter or assistant.
    2. B. Only the judge, so that her demeanour can be assessed by the court when deciding weight.
    3. C. The accused, the judge and the jury, so that the accused can see who is giving evidence.
    4. D. The judge, the jury and members of the public in the gallery, as justice must be seen to be done.

  35. 35. KELLY, aged 5, saw her neighbour being attacked. The defence argue that she is too young to be a witness. Which of the following correctly states the test for her competence?

    1. A. She is competent only if an expert confirms she has the understanding of a typical child aged 10.
    2. B. A child under 7 is not competent to give evidence in criminal proceedings in any circumstances.
    3. C. She is competent if she can understand questions put to her and give answers that can be understood.
    4. D. She is competent only if she understands the importance of telling the truth on oath.

  36. 36. ZARA drives on a road with her 10-year-old nephew in the front passenger seat. He is not wearing a seat belt. Which is correct?

    1. A. ZARA commits an offence under s.15, as a child under 14 in the front must wear a belt in conformity with regulations.
    2. B. No offence is committed, because the seat belt requirements do not apply to any passenger under 14 years old.
    3. C. ZARA commits an offence only if the front passenger seat is fitted with an airbag that has not been deactivated.
    4. D. The nephew commits the offence, because he is old enough at 10 to fasten his own seat belt and chose not to do so.

  37. 37. The College of Policing's Code of Ethics, relaunched in January 2024, is built around three ethical policing principles. What are they?

    1. A. Accountability, openness, and selflessness and integrity.
    2. B. Courage, respect and empathy, and public service.
    3. C. Honesty, integrity and fairness.
    4. D. Leadership and objectivity, fairness, and respect for others.

  38. 38. 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.

  39. 39. Under s.24(5)(c)(iv) of PACE, arrest may be necessary to prevent the person committing an offence against public decency. What additional limitation applies to this reason?

    1. A. Only where the person has first been warned that continuing the conduct is likely to make arrest necessary.
    2. B. Only where members of the public going about their normal business cannot reasonably be expected to avoid the person.
    3. C. Only where a member of the public has complained of the conduct and is willing to give evidence about it.
    4. D. Only where the conduct takes place in a public place at night, when fewer people are around who could avoid it.

  40. 40. ELLIS is disqualified from driving. He drives his car across a private field that is not a road, with no public access. Which is correct regarding s.103 of the Road Traffic Act 1988?

    1. A. ELLIS commits the offence only if members of the public use the field as a short cut without permission.
    2. B. ELLIS commits the offence, because like s.143, s.103 extends to roads and other public places.
    3. C. No offence of driving while disqualified, because s.103(1)(b) requires driving on a road.
    4. D. ELLIS commits the offence, because a disqualified person must not drive a motor vehicle anywhere at all.

  41. 41. During an argument outside a pub, PERRY pushes RAMSAY in the chest, intending only to push him away. RAMSAY falls backwards, hits his head on the kerb and dies. PERRY did not foresee any injury. Which of the following is correct?

    1. A. PERRY may be guilty only of gross negligence manslaughter, because he owed RAMSAY a duty of care
    2. B. PERRY commits no homicide offence, because he did not himself foresee any harm to RAMSAY
    3. C. PERRY may be guilty of unlawful act manslaughter, as his battery was objectively dangerous
    4. D. PERRY is guilty of murder, because he intended to apply unlawful force to RAMSAY and death resulted

  42. 42. Under Code D, who is responsible for the arrangements for, and conduct of, a video identification, identification parade or group identification?

    1. A. An officer not below the rank of sergeant who is not involved with the investigation
    2. B. The custody officer at the station where the suspect is being held
    3. C. An officer not below inspector rank who is not involved with the investigation
    4. D. The officer in charge of the investigation, after consulting the custody officer

  43. 43. For an offence under s.47 OAPA 1861, which of the following correctly describes 'actual bodily harm'?

    1. A. Harm more than transient and trifling, though it need not be permanent
    2. B. Harm that must be permanent or long-lasting, though it need not be serious
    3. C. Harm that amounts to really serious harm, judged in the context of the victim
    4. D. Any harm at all, however slight, including a momentary sting or reddening

  44. 44. Under s.1 of the Assaults on Emergency Workers (Offences) Act 2018, what is the maximum penalty on indictment for common assault or battery committed against an emergency worker acting in the exercise of their functions?

    1. A. Twelve months' imprisonment
    2. B. Two years' imprisonment
    3. C. Six months' imprisonment
    4. D. Five years' imprisonment

  45. 45. Under the Police (Performance) Regulations 2020, what is 'gross incompetence'?

    1. A. A serious inability or failure to perform the duties of the rank or role satisfactorily, ignoring attendance, justifying dismissal.
    2. B. Any failure to meet the requirements of a written improvement notice within the improvement period set by the line manager at the meeting.
    3. C. Any conduct amounting to gross misconduct which is found proved at a misconduct hearing chaired by the chief officer.
    4. D. Unsatisfactory attendance over a 12-month period that is so serious that dismissal of the officer would be justified.

  46. 46. HART prepares a syringe of heroin and hands it to his friend REID, an adult of sound mind. REID chooses to inject himself and dies. HART did not administer the drug. Which of the following is correct?

    1. A. HART is guilty of murder, because death was a foreseeable consequence of supplying and preparing the heroin
    2. B. HART is guilty of unlawful act manslaughter, because supplying a Class A drug is an unlawful and dangerous act
    3. C. HART is not guilty of unlawful act manslaughter, because REID's free, informed self-injection breaks the chain
    4. D. HART is guilty of unlawful act manslaughter, because preparing the syringe makes him a joint administrator

  47. 47. 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.

  48. 48. As a group of women walk past, SALT turns around and exposes his bare buttocks to them, intending to cause them alarm and distress. Which of the following is correct regarding exposure under s.66 of the Sexual Offences Act 2003?

    1. A. SALT commits exposure only if one of the women was actually alarmed
    2. B. SALT commits exposure, because he exposed an intimate part of his body
    3. C. SALT commits exposure only if he acted for sexual gratification
    4. D. SALT does not commit exposure, as s.66 is limited to the genitals

  49. 49. 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

  50. 50. 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

Answer key

  1. 1. B — Section 98 CJA 2003 defines bad character as evidence of, or a disposition towards, misconduct. It excludes evidence that has to do with the alleged facts of the offence charged, or (s.98(b)) evidence of misconduct in connection with the investigation or prosecution of that offence. Trying to bribe a witness in this investigation falls within s.98(b), so it is admissible without the bad character gateways. (Criminal Justice Act 2003, s.98)
  2. 2. A — Fraud by false representation under ss.1 and 2 of the Fraud Act 2006 is committed when a person dishonestly makes a false representation intending, by making it, to make a gain or cause loss or risk of loss to another. It is a conduct offence: no gain or loss need result, and nobody need be deceived. HALL's offence was complete when he sent the email. (Fraud Act 2006, ss.1 and 2)
  3. 3. A — Under s.28(1)(a) of the Crime and Disorder Act 1998, an offence is racially aggravated if the offender demonstrates towards the victim hostility based on the victim's membership (or presumed membership) of a racial group. Section 28(2) provides that 'membership' includes association with members of that group. FRY's marriage is such an association, so racially aggravated common assault under s.29(1)(c) is available. (Crime and Disorder Act 1998, ss.28-29)
  4. 4. A — Section 170(1) applies where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs causing personal injury to a person other than its driver. It also applies to damage to another vehicle, to a listed animal (horse, cattle, ass, mule, sheep, pig, goat or dog) not in or on the vehicle, or to property fixed to or forming part of the land on which the road or place is situated or adjacent land. (Road Traffic Act 1988, s.170)
  5. 5. B — Section 11 of the Fraud Act 2006 is committed where a person obtains services by a dishonest act, the services are made available on the basis that payment will be made, he obtains them without paying in full, and he knows they are, or might be, available only on payment but intends that payment will not be made. Climbing the fence is a dishonest act, BRIGGS knew entry was by paid ticket only and intended not to pay, and he obtained the festival performances. No representation is needed. (Fraud Act 2006, s.11)
  6. 6. A — Under s.1(4) MCA 1980, a warrant cannot be issued for the arrest of a person aged 18 or over unless the offence is indictable or punishable with imprisonment, or the person's address is not sufficiently established for a summons to be served. Neither applies to YATES, so only a summons may be issued. (Magistrates' Courts Act 1980, s.1(4))
  7. 7. B — Proof of wounding requires a break in the continuity of the skin (CPS guidance; JCC v Eisenhower [1984], where internal rupturing of blood vessels in the eye was held not to be a wound). Internal bleeding without a break in the skin is not a wound, although it may amount to ABH or GBH depending on its seriousness. (CPS Offences Against the Person charging standard (wounding))
  8. 8. A — 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. (Criminal Justice Act 1988, s.39; CPS Offences Against the Person charging standard)
  9. 9. C — Section 5(3) of the Criminal Damage Act 1971 provides that, for the purposes of s.5, it is immaterial whether a belief is justified or not if it is honestly held. The test is therefore subjective. The more unreasonable the belief, the less likely a court is to accept that it was genuinely held. (Criminal Damage Act 1971, s.5(3))
  10. 10. D — Section 3(1) CPIA 1996 requires the prosecutor to disclose any prosecution material not previously disclosed that might reasonably be considered capable of undermining the case for the prosecution or of assisting the case for the accused. Where there is none, the prosecutor gives a written statement to that effect. Material is withheld if a court orders it on public interest grounds (s.3(6)). (Criminal Procedure and Investigations Act 1996, s.3(1))
  11. 11. B — Section 5 of the Sexual Offences Act 2003 is committed where a person intentionally penetrates the vagina, anus or mouth of another person with his penis and the other person is under 13. Consent is not an element and there is no reasonable-belief-in-age provision. The offence carries life imprisonment. (Sexual Offences Act 2003, s.5)
  12. 12. A — Section 82(1) PACE defines 'confession' as any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not, and whether in words or otherwise. PARKER's admission to a friend is a confession, and its admissibility is governed by s.76 (and s.78). (Police and Criminal Evidence Act 1984, s.82(1))
  13. 13. A — Where a constable has reasonable grounds to suspect a person is in possession of a controlled drug in contravention of the Act, s.23(2)(a) allows the constable to search that person and detain him for the purpose of searching him. No arrest or senior officer authority is needed. Section 23(3) concerns warrants to search premises. (Misuse of Drugs Act 1971, s.23(2))
  14. 14. B — Self-defence, where the force used was reasonable in the circumstances as D believed them to be, is a complete defence to murder and manslaughter and leads to an acquittal. Loss of control, diminished responsibility and killing in pursuance of a suicide pact are partial defences. Each reduces murder to manslaughter. (CPS Homicide guidance (partial and complete defences))
  15. 15. A — Section 46A(1A) PACE allows a constable to arrest without warrant a person released on bail under Part IV if he has reasonable grounds for suspecting that the person has broken any of the conditions of bail. Section 46A(1) separately allows arrest for failing to attend at the appointed time. The person must be taken to the police station appointed for surrender as soon as practicable (s.46A(2)). (Police and Criminal Evidence Act 1984, s.46A)
  16. 16. A — Paragraph 7.4 of the Code requires the disclosure officer to give the prosecutor a copy of material in three categories, unless already supplied. They are: information provided by the accused which indicates an explanation for the offence charged; any material casting doubt on the reliability of a confession; and any material casting doubt on the reliability of a prosecution witness. (CPIA 1996 Code of Practice, para 7.4)
  17. 17. A — Section 1(1) of the Criminal Damage Act 1971 applies only to property belonging to another, and s.1(2) requires an intention or recklessness as to endangering the life of another. QUAYLE's shed belongs only to him, no one else has an interest in it, and he foresaw no danger to life. He therefore commits no offence under s.1, although a dishonest insurance claim would raise other issues. (Criminal Damage Act 1971, s.1)
  18. 18. D — Under s.136(2A)(a)(i), where a person is removed to a place of safety, the permitted period of detention is 24 hours beginning with the time the person arrives at that place. CHASE arrived at 21:40, so detention may last until 21:40 the next day, subject to any extension under s.136B. (Mental Health Act 1983, s.136(2A))
  19. 19. A — Under s.40(3)(a) PACE the first review must take place not later than six hours after detention was first authorised; the second not later than nine hours after the first, and later reviews at intervals of not more than nine hours. Detention was authorised at 08:30, so the first review is due by 14:30. (Police and Criminal Evidence Act 1984, s.40(3))
  20. 20. D — 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. (Criminal Damage Act 1971, s.1(2))
  21. 21. B — Under Code D para 3.23, the identification officer may arrange a confrontation if none of the other options is practicable; it does not require the suspect's consent. Annex D requires the eye-witness to be told the person may or may not be the one seen, prohibits force to make the face visible, and requires the solicitor, interpreter or friend to be present unless that would cause unreasonable delay. (PACE Code D (2023), para 3.23, Annex D)
  22. 22. C — Paragraph 2.1 of the CPIA Code defines the officer in charge of an investigation as the police officer responsible for directing a criminal investigation. That officer is also responsible for ensuring that proper procedures are in place for recording information and retaining records and other material. (CPIA 1996 Code of Practice, para 2.1)
  23. 23. D — Under s.34(1), an officer of at least the rank of inspector may authorise the use of the s.35 powers in a specified locality for a specified period of not more than 48 hours. Section 34(4) requires the authorisation to be in writing, signed by the officer and to specify the grounds. In deciding, the officer must have particular regard to rights of freedom of expression and assembly (s.34(3)). Do not confuse this with the exclusion period in an individual s.35 direction, which the Crime and Policing Act 2026 raised to 72 hours. (Anti-social Behaviour, Crime and Policing Act 2014, s.34)
  24. 24. D — Section 18(1) PACE allows a constable to enter and search premises occupied or controlled by a person under arrest for an indictable offence if he has reasonable grounds for suspecting there is evidence (other than legally privileged items) relating to that offence or another indictable offence connected with or similar to it. Section 18(4) requires written authority from an officer of inspector rank or above, unless s.18(5) applies. (Police and Criminal Evidence Act 1984, s.18(1), (4))
  25. 25. D — Section 51(1) is committed by a person who does an act which intimidates and is intended to intimidate another, knowing or believing that person is assisting an investigation into an offence or is a witness or potential witness, intending to obstruct, pervert or interfere with the investigation or course of justice. Section 51(3) makes it immaterial that the act is done otherwise than in the victim's presence or to a person other than the victim. (Criminal Justice and Public Order Act 1994, s.51(1) and (3))
  26. 26. D — 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). (Public Order Act 1986, s.11)
  27. 27. C — Section 143(1) provides that a person must not use a motor vehicle on a road or other public place unless a policy of insurance complying with Part 6 is in force for that use. A person must also not cause or permit another to do so. 'Use' is wider than driving, and the offence extends to other public places. (Road Traffic Act 1988, s.143)
  28. 28. A — Under s.28(1)-(4) PACE, an arrest is not lawful unless the person is informed, at the time or as soon as practicable afterwards, that he is under arrest and of the ground for it. Where a constable arrests, this applies regardless of whether the fact or the ground of arrest is obvious. Code G para 2.2 repeats this. (Police and Criminal Evidence Act 1984, s.28)
  29. 29. C — Section 50 CYPA 1933 provides that it shall be conclusively presumed that no child under 10 can be guilty of any offence. The presumption cannot be rebutted, so IVY commits no offence. Civil measures, such as a child safety order under s.11 CDA 1998, may still be available. (Children and Young Persons Act 1933, s.50)
  30. 30. D — Although folding pocketknives are generally excluded by s.139(2), s.139(3) brings one within the section if the cutting edge of its blade exceeds 3 inches. At 3.5 inches, KAYE's knife is caught, and he commits the offence unless he proves good reason or lawful authority. (Criminal Justice Act 1988, s.139(3))
  31. 31. B — Section 66A (inserted by s.187 of the Online Safety Act 2023) applies where A intentionally sends or gives a photograph or film of 'any person's genitals' to B. A must either intend B to see the genitals and be caused alarm, distress or humiliation, or send it for sexual gratification while being reckless as to whether B is caused alarm, distress or humiliation. Sending includes any electronic means. (Sexual Offences Act 2003, s.66A (inserted by Online Safety Act 2023, s.187))
  32. 32. B — Section 1(1) applies to any person who has attained the age of 16 and has responsibility for a child or young person under that age. That person commits the offence by wilfully assaulting, ill-treating, neglecting, abandoning or exposing the child, or causing or procuring this, in a manner likely to cause unnecessary suffering or injury to health. Responsibility is defined in s.17 and includes anyone who has care of the child. (Children and Young Persons Act 1933, s.1(1))
  33. 33. A — Section 8 Accessories and Abettors Act 1861 provides that whoever aids, abets, counsels or procures the commission of any indictable offence is liable to be tried, indicted and punished as a principal offender. The secondary party faces the same maximum penalty as the principal. Secondary liability does not depend on the principal first being convicted. (Accessories and Abettors Act 1861, s.8)
  34. 34. A — Section 23(2) YJCEA 1999 provides that the screen must not prevent the witness from seeing and being seen by the judge or justices (or both) and any jury, the legal representatives in the proceedings, and any interpreter or other person appointed to assist the witness. The point of the screen is to stop her seeing the accused. (Youth Justice and Criminal Evidence Act 1999, s.23)
  35. 35. C — Section 53(1) YJCEA 1999 provides that at every stage in criminal proceedings all persons are, whatever their age, competent to give evidence. Under s.53(3), a person is not competent only if it appears to the court that they cannot understand questions put to them as a witness and give answers that can be understood. (Youth Justice and Criminal Evidence Act 1999, s.53)
  36. 36. A — Section 15(1) of the Road Traffic Act 1988 provides that, except as provided by regulations, where a child under 14 is in the front of a motor vehicle, a person must not, without reasonable excuse, drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations. Contravention by the driver is an offence (s.15(2)). (Road Traffic Act 1988, s.15)
  37. 37. B — The 2024 Code of Ethics replaced the nine principles of the 2014 code (based on the Nolan principles plus fairness and respect) with three ethical policing principles: courage, respect and empathy, and public service. Each is supported by behaviours that help people in policing do the right thing, in the right way, for the right reason. (College of Policing, Code of Ethics (2024): ethical policing principles)
  38. 38. C — 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. (Criminal Justice Act 1988, s.141(1A) and (1C))
  39. 39. B — Section 24(6) PACE provides that the public decency reason in s.24(5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question. (Police and Criminal Evidence Act 1984, s.24(6))
  40. 40. C — Section 103(1)(b) makes it an offence for a person who is disqualified to drive a motor vehicle 'on a road'. Unlike offences such as ss.2, 3, 5 and 143, it does not extend to other public places. Driving on a private field with no public access is outside the offence. (Road Traffic Act 1988, s.103)
  41. 41. C — Unlawful act manslaughter requires an intentional act that is unlawful (here, a battery). The act must be one which all sober and reasonable people would inevitably realise must subject the victim to at least some risk of harm, and it must cause death. The dangerousness test is objective, so PERRY's own failure to foresee harm is irrelevant. There is no intent to kill or cause GBH, so it is not murder. (CPS Homicide guidance (unlawful act manslaughter))
  42. 42. C — Code D para 3.11 makes an officer not below inspector rank who is not involved with the investigation (the 'identification officer') responsible for the arrangements for, and conduct of, eye-witness identification procedures. The identification officer may direct another officer or police staff to make the arrangements and conduct them, and may consult the officer in charge of the investigation. (PACE Code D (2023), para 3.11)
  43. 43. A — Actual bodily harm need not be permanent but must be more than transient and trifling (R v Donovan [1934]). It can include recognisable psychiatric illness. Really serious harm is the test for grievous bodily harm. (Offences Against the Person Act 1861, s.47; CPS Offences Against the Person charging standard)
  44. 44. B — Section 1(2) AEW(O)A 2018 makes common assault or battery against an emergency worker acting in the exercise of functions triable either way. On summary conviction the maximum is the general limit in a magistrates' court. On indictment the maximum is two years' imprisonment, a fine, or both. (Assaults on Emergency Workers (Offences) Act 2018, s.1)
  45. 45. A — Regulation 4(1) defines gross incompetence as a serious inability or serious failure of an officer to perform the duties of their rank or current role to a satisfactory standard or level, without taking into account attendance, to the extent that dismissal would be justified. (Police (Performance) Regulations 2020, reg 4(1))
  46. 46. C — Where a person only supplies a drug and another informed adult of sound mind administers it to themselves and dies, the supplier commits no 'unlawful act' for unlawful act manslaughter (R v Kennedy (No 2) [2007] UKHL 38). This applies even where the supplier performs preparatory acts such as preparing a syringe or applying a tourniquet. The victim's free and voluntary self-administration breaks the chain. HART remains liable for the supply offence. (CPS Homicide guidance (unlawful act manslaughter); R v Kennedy (No 2) [2007] UKHL 38)
  47. 47. B — 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). (Police and Criminal Evidence Act 1984, s.22(2)(b))
  48. 48. D — Section 66(1) of the Sexual Offences Act 2003 is committed by a person who intentionally exposes their genitals with one of the mental states set out in the section. Exposing the buttocks is not exposure of the genitals, so s.66 is not committed, although public order offences may be. (Sexual Offences Act 2003, s.66)
  49. 49. A — 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. (Criminal Justice and Immigration Act 2008, s.76(3)–(4))
  50. 50. B — 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. (Theft Act 1968, s.2 (Ivey v Genting; R v Barton and Booth))

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