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Sergeants' exam: 50 practice questions
Mock format: 150 questions, 180 minutes, pass 83/150 (55%) (real exam: 55% — 77 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. What are the prescribed alcohol limits for the purposes of ss.3A to 10 of the Road Traffic Act 1988, as they apply in England and Wales?
- A. 35 microgrammes per 100 ml of breath, 80 milligrammes per 100 ml of blood, and 107 milligrammes per 100 ml of urine.
- B. 50 microgrammes per 100 ml of breath, 100 milligrammes per 100 ml of blood, and 107 milligrammes per 100 ml of urine.
- C. 35 microgrammes per 100 ml of breath, 107 milligrammes per 100 ml of blood, and 80 milligrammes per 100 ml of urine.
- D. 22 microgrammes per 100 ml of breath, 50 milligrammes per 100 ml of blood, and 67 milligrammes per 100 ml of urine.
2. WOOD is prosecuted for speeding. The only evidence is from a single police officer, who estimated by eye that WOOD was travelling at about 50 mph in a 30 mph zone. Which is correct?
- A. WOOD cannot be convicted solely on one witness's opinion evidence of his speed.
- B. WOOD can be convicted, because two officers' opinions are required only on motorways.
- C. WOOD can be convicted, because police officers are trained and experienced in estimating vehicle speeds.
- D. WOOD can be convicted if the officer gives his evidence on oath and is not shaken in cross-examination.
3. Which of the following is correct regarding the offences of encouraging or assisting crime under Part 2 of the Serious Crime Act 2007?
- A. The offence applies only where the anticipated offence is triable on indictment
- B. The offence is committed only if the anticipated offence is at least attempted by the person encouraged
- C. It can be committed whether or not the offence encouraged or assisted is ever committed
- D. The offence is committed only if the person encouraged is aware of the encouragement
4. IRWIN takes a pedal cycle from outside a library without the owner's consent and rides it home, intending to return it the next day. Which of the following is correct?
- A. IRWIN commits the s.12(1) offence of taking a conveyance without authority
- B. IRWIN commits the separate summary offence under s.12(5) relating to pedal cycles
- C. IRWIN commits theft, because a pedal cycle is not a conveyance
- D. IRWIN commits no offence because he intended to return the cycle
5. DAVIES buys tablets believing them to be amphetamine (Class B). Analysis shows they are MDMA (Class A). He accepts he knew the tablets were a controlled drug of some kind. Which is correct?
- A. DAVIES can be convicted of possessing a Class A drug; not knowing which controlled drug it was is no defence.
- B. DAVIES can be convicted only of possessing a Class B drug, as the class he believed he had determines the offence.
- C. DAVIES should be charged with attempting to possess amphetamine, as that was the drug he intended to buy.
- D. DAVIES has a complete defence under s.28, because he did not know or suspect that the tablets were MDMA.
6. 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?
- A. Withdrawal can never be a defence once a person has given any assistance
- B. XU has a complete defence, because he left before any blow was struck
- C. Whether XU effectively withdrew is a question of fact and degree for the jury
- D. XU is liable only if he was physically present when the injuries were inflicted
7. Neighbours report constant drug-related visitors, noise and fights at a house. Who may issue a closure notice under s.76 of the Anti-social Behaviour, Crime and Policing Act 2014?
- A. A police officer of inspector rank or above, or the local authority.
- B. Only a police officer of at least the rank of chief inspector, or the chief executive of the local authority.
- C. Only a magistrates' court, on a complaint made by a constable and supported by evidence of nuisance.
- D. Any police sergeant, if the premises are residential and the local authority has been consulted.
8. HARRIS, a bar worker, sells a pint of lager to a customer who is 17. HARRIS says he thought the customer looked about 20, but he did not ask for identification. Which is correct regarding s.146 of the Licensing Act 2003?
- A. HARRIS has a complete defence, because he genuinely and honestly believed the customer was about 20, even though he did not ask for proof of age.
- B. HARRIS commits no offence, because lager is beer and the s.146 offence applies only to wines and spirits.
- C. He has a defence only if he believed the buyer was 18+ and took all reasonable steps, or nobody could reasonably have suspected otherwise.
- D. HARRIS commits no offence, because only the premises licence holder or the designated premises supervisor can commit it.
9. Which of the following is correct regarding the offence of strangulation under s.75A(1)(a) Serious Crime Act 2015?
- A. It requires an intentional act of strangulation, but no injury of any kind need be proved
- B. It may be committed recklessly, in the same way as a battery or common assault
- C. It requires proof that the victim's breathing or blood circulation was impeded
- D. It requires proof that the victim suffered at least actual bodily harm
10. What is the maximum penalty on indictment for aggravated vehicle-taking under s.12A of the Theft Act 1968?
- A. Five years, or life imprisonment if a death is caused
- B. Six months, as the offence is triable only summarily
- C. Two years, or 14 years where an accident caused a death
- D. Ten years, whatever the consequences of the driving
11. NORRIS puts on a hi-visibility jacket printed with 'Water Board' and knocks on doors in a residential street, saying nothing about who he is. Several occupiers let him in to 'check the pipes', and he steals cash. Which of the following is correct regarding a representation?
- A. A representation is made only if NORRIS showed a false identity card
- B. A representation may be implied, including by conduct such as dress
- C. A representation can only be made to a business, not to a householder
- D. A representation must be in words, so NORRIS made none
12. Under s.50A PACE, what are the 'pre-conditions for bail' that a custody officer must be satisfied of before releasing a person on bail?
- A. That bail is necessary and proportionate, having regard to any conditions, and any representations have been considered.
- B. That the investigation cannot be completed within the 24-hour detention period, even with a superintendent's extension.
- C. That the person has a fixed address, is not likely to fail to surrender and has no previous convictions for failing to surrender.
- D. That an inspector has approved release on bail and the alleged victim has been consulted about any conditions.
13. OSBORNE knows his brother has just burgled a house. When officers come looking for the brother, OSBORNE hides him in his loft and tells the officers he has not seen him for weeks. Which offence best fits OSBORNE's conduct?
- A. Concealing an offence under s.5(1) of the Criminal Law Act 1967, because he withheld information that might help secure a conviction.
- B. Handling stolen goods under s.22 of the Theft Act 1968, because he gave assistance to a person who had stolen property in a burglary.
- C. No offence, because s.4 does not apply to a close relative who shelters the offender in the relative's own home.
- D. Assisting an offender under s.4 of the Criminal Law Act 1967, as he acted with intent to impede his brother's apprehension.
14. In a restaurant, QUINN (aged 45) buys a glass of wine for his 16-year-old son to drink with a sit-down meal they are eating together. Which is correct?
- A. No offence: the son is 16, it is wine with a table meal, and an adult accompanies him.
- B. QUINN commits an offence of buying alcohol for consumption on relevant premises by an individual aged under 18, even at a meal.
- C. The son commits an offence of knowingly consuming alcohol on relevant premises, but QUINN does not.
- D. No offence is committed only if the son is 17, because the table-meal exception starts at that age.
15. The College of Policing's Code of Ethics, relaunched in January 2024, is built around three ethical policing principles. What are they?
- A. Accountability, openness, and selflessness and integrity.
- B. Courage, respect and empathy, and public service.
- C. Honesty, integrity and fairness.
- D. Leadership and objectivity, fairness, and respect for others.
16. 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?
- A. PC YORK may arrest WINTER without warrant under s.46A PACE.
- B. WINTER may only be reported for summons, because breaching a bail condition is an offence.
- C. PC YORK must apply to a magistrates' court for a warrant to arrest WINTER for breaching the condition.
- D. PC YORK may arrest WINTER only if he has reasonable grounds for believing the condition has been broken.
17. DC HARRIS, in plain clothes and an unmarked car with no visible police markings or uniform, signals HOOPER to stop on a road. HOOPER does not stop. Which is correct?
- A. HOOPER commits an offence under s.163 if he suspected that the signal to stop came from a police officer.
- B. HOOPER commits an offence under s.163, because the car was a mechanically propelled vehicle on a road.
- C. No s.163 offence: the requirement must come from a constable in uniform or a traffic officer.
- D. HOOPER commits an offence under s.163, because DC HARRIS is a constable and was on duty at the time.
18. Under s.2A of the Road Traffic Act 1988 (for an ordinary driver), when is a person regarded as driving dangerously?
- A. When his driving falls far below the standard of a competent and careful driver, and it would be obvious to such a driver that it was dangerous.
- B. When he drives in a way that he personally realises is dangerous, judged by his own experience and knowledge of the road.
- C. When the way he drives falls below what would be expected of a competent and careful driver, and such a driver would have seen a risk of harm.
- D. When the way he drives causes a collision in which another road user or a pedestrian suffers an injury, however minor.
19. MORRIS is arrested for theft and brought before PS KANE, the custody officer. PS KANE decides there is not yet sufficient evidence to charge, and the investigating officer wants to interview MORRIS about the theft. On what basis may PS KANE authorise MORRIS's detention?
- A. If he has reasonable grounds for believing detention is necessary to secure, preserve or obtain evidence by questioning.
- B. Only if MORRIS agrees to be interviewed, because detention for questioning requires the suspect's consent.
- C. If he reasonably suspects MORRIS of an indictable offence and considers that detention is in the public interest.
- D. Only if an inspector agrees that an interview is necessary to obtain evidence, and records the reason for it.
20. In England, a road has a system of street lighting with lamps placed not more than 200 yards apart, and there are no speed limit signs. What speed limit applies to motor vehicles?
- A. 40 mph, because it is a lit road in a built-up area and no lower limit has been signed.
- B. 30 mph, because it is a 'restricted road' under s.82 of the Road Traffic Regulation Act 1984.
- C. 20 mph, because a road with street lighting is a restricted road with a 20 mph limit.
- D. 60 mph, because the national speed limit applies wherever no speed limit signs at all are displayed.
21. XAVIER, for his own sexual gratification, secretly watches through a gap in a fence as his neighbour undresses in her bedroom. He knows she would not consent to being watched for that purpose. Which of the following is correct regarding voyeurism under s.67(1) of the Sexual Offences Act 2003?
- A. XAVIER commits voyeurism only if he used equipment such as binoculars
- B. No offence is committed, because XAVIER did not record anything
- C. XAVIER may commit voyeurism by observing her while she does a private act
- D. XAVIER commits voyeurism only if the neighbour was completely naked
22. During a burglary investigation, officers obtain a hotel's guest register showing that GRAY checked in on the night of the offence. The entry was made by a receptionist from details GRAY gave at the desk. The register was kept for ordinary business purposes, not for any investigation. The receptionist cannot be traced. Which of the following is correct?
- A. The entry is admissible only under the court's interests-of-justice discretion in s.114(1)(d) of the Act.
- B. The entry may be admitted under s.117 as a business document without proof the receptionist is unavailable.
- C. The entry is inadmissible, because the receptionist had no personal knowledge of where GRAY really was.
- D. The entry is inadmissible unless the receptionist is shown to be dead, abroad or untraceable despite reasonable steps.
23. How does s.74 of the Sexual Offences Act 2003 define consent for the purposes of Part 1 of the Act?
- A. A person consents if a reasonable person in the defendant's position would have believed he or she agreed
- B. A person consents if he agrees by choice, with the freedom and capacity to make that choice
- C. A person consents if he or she does not physically resist or otherwise signal a refusal
- D. A person consents if he or she is aged 16 or over and does not voice any objection at the time
24. THORNE's interview is interrupted for a 45-minute meal break. When the interview resumes, which of the following is correct?
- A. The caution must always be repeated in full after any break in the interview, however short it was.
- B. No reminder of the caution is needed, because the break lasted for less than one hour.
- C. THORNE must be made aware he remains under caution and, if in any doubt, cautioned again in full.
- D. A fresh caution is needed only if a different officer resumes the interview after the break.
25. 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?
- A. Dishonesty is a question of law for the judge, decided by reference to the definitions in s.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
- C. The jury apply the defendant's own standards of honesty, provided his belief that his conduct met those standards was genuinely held
- 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
26. 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?
- A. Section 23(2) Misuse of Drugs Act 1971, which lets him search UPTON and detain him for that purpose.
- B. None; UPTON must first be arrested and then searched under s.32 PACE for evidence of the offence.
- C. Section 23(2) Misuse of Drugs Act 1971, but only if an inspector has authorised the search.
- D. Section 23(3) Misuse of Drugs Act 1971, which requires a warrant from a justice of the peace.
27. DRAKE, aged 30, appears before a magistrates' court charged with murder. Which of the following is correct?
- A. DRAKE may choose to be tried by the magistrates if he indicates a guilty plea.
- B. The magistrates must hear evidence to decide whether there is a case to answer before sending.
- C. The magistrates must hold an allocation hearing to decide the venue for trial.
- D. The court shall send him forthwith to the Crown Court for trial.
28. What test does the prosecutor apply under s.3 of the Criminal Procedure and Investigations Act 1996 when making initial disclosure?
- A. Disclose unused material only if the defence have identified it in a defence statement and asked for it in writing.
- 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.
- C. Disclose only the material the prosecution intend to rely on at trial, together with the schedule of non-sensitive material.
- D. Disclose undisclosed prosecution material that might reasonably be considered capable of undermining the prosecution case or assisting the accused.
29. HARPER is arrested in the street at 14:00. He arrives at the designated police station at 14:45, is brought before the custody officer at 15:00, and his detention is authorised at 15:30. He is not wanted by any other force. What is the 'relevant time'?
- A. 15:30
- B. 15:00
- C. 14:45
- D. 14:00
30. Late at night, FOX is stopped in a town centre with an open plastic bottle of drain cleaner in his pocket. It is capable of burning human skin by corrosion. He gives no explanation. Which is correct?
- A. FOX commits no offence unless he threatens someone with the liquid, as possession alone is not an offence.
- B. FOX commits an offence of having a corrosive substance in a public place unless he proves good reason or lawful authority.
- C. FOX commits no offence, because drain cleaner is a household product sold lawfully, so it is outside the 2019 Act.
- D. FOX commits an offence only if he is under 18, as the 2019 Act controls corrosive products for young people.
31. QUINN attends a police station voluntarily at 09:00. His voluntary interview about a fraud begins at 09:30, and he is arrested at 11:20 when it becomes necessary to do so. His detention is authorised at 11:50. What is the relevant time?
- A. 11:50
- B. 09:30
- C. 09:00
- D. 11:20
32. PC DUFF, a constable, is referred to a misconduct meeting. Which of the following is correct?
- A. It is conducted by a three-person panel chaired by the chief constable, and any disciplinary action up to dismissal is available.
- B. It is conducted by PC DUFF's line manager, who may be of the same rank, and reduction in rank is the maximum available outcome.
- C. It is conducted by a legally qualified chair sitting alone, who may impose a written warning, a final written warning or reduction in rank.
- D. A person at least one rank higher (or a more senior staff member, unless operational) conducts it; the maximum is a final written warning.
33. UNDERWOOD tells a shopkeeper, 'If you report me again, I'll break your jaw.' Which of the following is correct regarding an offence under s.2 of the Criminal Damage Act 1971?
- A. The offence is committed if the shopkeeper feared it would be carried out
- B. The offence is committed because the threat was conditional
- C. The offence is not committed, as s.2 concerns threats to property
- D. The offence is committed, because a threat of violence was made
34. WARD sends his former colleague ELM dozens of unwanted messages over three weeks, and she is distressed. WARD genuinely believes she welcomes the attention. A reasonable person with the same information would think the messages amounted to harassment. Which is correct?
- A. WARD is guilty only if ELM feared, on at least two of those occasions, that violence would be used against her.
- B. WARD is guilty only if he intended to cause ELM alarm or distress, because harassment under s.2 is an offence of specific intent.
- C. WARD cannot be guilty, because his genuine belief that the attention was welcome means he neither knew nor ought to have known.
- D. WARD 'ought to know' it is harassment, because the test is what a reasonable person with the same information would think.
35. At a designated police station the only custody sergeant on duty is called away to a medical emergency elsewhere in the building. While no custody officer is readily available, PC HUGHES, who has no involvement in the case, books in BARNES and authorises his detention. Which of the following is correct?
- A. PC HUGHES has acted unlawfully, because custody functions at a designated station may only be performed by an officer of at least the rank of sergeant.
- B. PC HUGHES may perform the custody officer's functions, because an officer of any rank may do so when a custody officer is not readily available.
- C. PC HUGHES may perform the functions only if an inspector has first authorised him in writing to do so.
- D. BARNES must be held without his detention being authorised until a sergeant becomes available.
36. Which of the following describes the offence of common assault, as distinct from battery?
- A. Intentionally or recklessly making another apprehend immediate unlawful violence
- B. Intentionally or recklessly applying unlawful force to another person
- C. Intentionally causing another to fear that violence will be used against them at some future time
- D. Recklessly causing another person any injury that is more than transient or trifling
37. 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?
- A. Sexual exploitation under s.3(3), which covers any exploitation of a child in a public place.
- B. Securing services or benefits from children or vulnerable persons under s.3(6).
- C. None, because begging is not a 'service' and the money is given by passers-by, not by the children.
- D. Removal of organs under s.3(4).
38. Which of the following is correct regarding the offence of rape under s.1 of the Sexual Offences Act 2003?
- A. It requires penetration of the vagina or anus only, with any part of the body
- B. It requires penetration of the vagina only, by any means
- C. It requires penile penetration of the vagina, anus or mouth
- D. It can be committed as the principal by any person who causes another to be penetrated
39. BROOKS, aged 15, was cautioned on arrest before his appropriate adult was present. Which of the following is correct?
- A. BROOKS must be arrested again in the appropriate adult's presence.
- B. The caution remains valid and need not be repeated to BROOKS.
- C. The caution must be repeated in the appropriate adult's presence.
- D. The caution must be repeated only if BROOKS says he did not understand it.
40. What is the maximum penalty on indictment for handling stolen goods under s.22 of the Theft Act 1968?
- A. 7 years, the same as theft
- B. 14 years
- C. Life imprisonment
- D. 10 years
41. 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?
- A. The injury is a wound, because blood vessels have been ruptured
- B. The injury is not a wound, because there is no break in the continuity of the skin
- C. The injury is not a wound, because a wound can be caused only by a weapon or instrument
- D. The injury is a wound, because there has been internal bleeding
42. BRIGGS is arrested in the street and searched under s.32 PACE. Which of the following may officers require him to remove in public?
- A. His outer coat, jacket, gloves and footwear
- B. Any clothing reasonably required for the purposes of the search
- C. Nothing at all; any removal of clothing must be at a police station
- D. His outer coat, jacket or gloves only
43. At 3am, KING and LANE fight each other with knives on the top level of an empty multi-storey car park. No one else is present or likely to arrive. Which of the following is correct?
- A. Neither commits affray, because no bystander was present who could have been put in fear for their safety.
- B. Neither commits affray, because at 3am the empty car park is not a place to which the public has access.
- C. Neither commits affray, because affray requires at least three people.
- D. Both may commit affray, because no person of reasonable firmness need be, or be likely to be, present.
44. In a heated phone call, TOWNE tells his ex-partner, 'I'm going to smash up your car tonight.' He has no intention of doing so, but he wants her to believe he will. She does not take him seriously. Which of the following is correct?
- A. TOWNE commits an offence under s.2 only if he had the means and opportunity to carry out the threat that night
- B. TOWNE may commit an offence under s.2, as he intended her to fear it would be carried out
- C. TOWNE commits no offence, because she was not frightened
- D. TOWNE commits no offence, because he did not intend to carry out the threat
45. How is the offence of child cruelty under s.1 CYPA 1933 triable, and what is the maximum sentence on indictment?
- A. Either way, with a maximum of ten years' imprisonment
- B. Either way, with a maximum of fourteen years' imprisonment
- C. Summary only, with a maximum of six months' imprisonment
- D. Indictable only, with a maximum of life imprisonment
46. Section 17(5) of PACE abolished the common law rules under which a constable could enter premises without a warrant. Which common law power of entry is expressly preserved?
- A. The power to enter licensed premises at any time during permitted hours.
- B. The power to enter a dwelling to serve a summons on a person who is evading service.
- C. The power to enter premises to deal with or prevent a breach of the peace.
- D. The power to enter to search for stolen goods when in fresh pursuit of a thief.
47. Under s.163 of the Road Traffic Act 1988, who must stop when required to do so by a constable in uniform?
- A. A person driving a mechanically propelled vehicle on a road, or riding a cycle on a road.
- B. Only a person driving a motor vehicle on a road or other public place.
- C. Any person in charge of a vehicle anywhere.
- D. Only a person driving a motor vehicle that the constable suspects is involved in an offence.
48. 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)?
- A. It must be both honestly held and objectively reasonable
- B. It must be supported by some independent evidence
- C. It must be honestly held, and it is immaterial whether it is justified
- D. It must be reasonable in the eyes of a sober and reasonable person
49. 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?
- A. 14:30
- B. 14:00
- C. 17:30
- D. 17:00
50. QUAYLE is arrested for shoplifting goods worth £350 and denies the offence. The case is suitable for sentence in the magistrates' court and none of the exclusions in the Director's Guidance applies. Who may make the charging decision?
- A. Only the CPS, because theft is an either-way offence and the police may charge only summary offences.
- B. Only the CPS, because a not guilty plea is anticipated in an either-way case and the goods exceed £200.
- C. The police, but only with a superintendent's authority, as QUAYLE has denied the offence in interview.
- D. The police, because they may charge retail theft irrespective of plea where it is suitable for magistrates' sentence.
Answer key
- 1. A — Section 11(2) defines 'the prescribed limit' as 35 microgrammes of alcohol in 100 millilitres of breath, 80 milligrammes in 100 millilitres of blood, or 107 milligrammes in 100 millilitres of urine. Regulations may prescribe other proportions, and lower limits apply in Scotland. (Road Traffic Act 1988, s.11(2))
- 2. A — Section 89(2) of the Road Traffic Regulation Act 1984 provides that a person shall not be convicted of speeding solely on the evidence of one witness to the effect that, in that witness's opinion, the person was driving at a speed exceeding the limit. Corroboration is needed, for example a second witness or a speed-measuring device. (Road Traffic Regulation Act 1984, s.89(2))
- 3. C — Section 49(1) SCA 2007 provides that a person may commit an offence under Part 2 whether or not any offence capable of being encouraged or assisted by his act is committed. The Part 2 offences are inchoate. Liability depends on D's act and state of mind, not on the outcome. (Serious Crime Act 2007, s.49(1))
- 4. B — Section 12(5) of the Theft Act 1968 provides that s.12(1) does not apply to pedal cycles. Instead it creates a separate summary offence of taking a pedal cycle without consent or lawful authority for one's own or another's use, or riding one knowing it has been so taken, punishable by a fine not exceeding level 3. An intention to return the cycle does not matter for this offence, but it does mean there is no theft. (Theft Act 1968, s.12(5))
- 5. A — Section 28(3)(a) states that the accused is not to be acquitted merely because he did not know or suspect that the substance was the particular controlled drug alleged. As DAVIES knew it was a controlled drug and believed it was one he could not lawfully possess, s.28(3)(b) does not help him. He is charged with possessing the drug he actually had. (Misuse of Drugs Act 1971, s.28(3))
- 6. C — 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. (CPS Secondary liability guidance (withdrawal))
- 7. A — Section 76(1) allows a closure notice to be issued by a police officer of at least the rank of inspector, the local authority or, since 26 October 2026 (Crime and Policing Act 2026), a registered social housing provider, which may act only for premises it owns or manages (s.76(1A)). The issuer must be satisfied on reasonable grounds that use of the premises has resulted, or is likely soon to result, in nuisance to the public, or in disorder near the premises associated with their use. The notice must be necessary to prevent this. (Anti-social Behaviour, Crime and Policing Act 2014, s.76)
- 8. C — Section 146(1) makes it an offence to sell alcohol to an individual aged under 18. Under s.146(4), the seller has a defence if he believed the individual was 18 or over and either took all reasonable steps to establish age, or nobody could reasonably have suspected from the individual's appearance that they were under 18. Reasonable steps means asking for evidence of age that would convince a reasonable person (s.146(5)). (Licensing Act 2003, s.146)
- 9. A — Section 75A(1)(a) is committed where A intentionally strangles B. The CPS guidance states that strangulation does not require any particular level of force, any injury, or proof of a consequence such as impeded breathing. It requires an intentional act and cannot be committed recklessly. Suffocation under s.75A(1)(b) is the limb that can be committed recklessly, through a battery. (Serious Crime Act 2015, s.75A; CPS Strangulation and suffocation guidance)
- 10. C — Section 12A(4) of the Theft Act 1968 sets a maximum of two years on indictment. Where it is proved that, in circumstances within s.12A(2)(b), the accident caused the death of the person concerned, the maximum rises to 14 years. (Theft Act 1968, s.12A(4))
- 11. B — Section 2(4) of the Fraud Act 2006 provides that a representation may be express or implied. Wearing the jacket in this context impliedly represents that NORRIS works for the water company. Theft is also committed when he takes the cash. (Fraud Act 2006, s.2(4))
- 12. A — Section 50A(1) PACE defines the pre-conditions for bail as the custody officer being satisfied that release on bail is necessary and proportionate in all the circumstances (having regard to any conditions to be imposed) and having considered any representations by the person or their legal representative. Section 50A(2) lists matters to consider, including surrender, preventing offending, safeguarding victims, witnesses and the person, and managing risks to the public. (Police and Criminal Evidence Act 1984, s.50A)
- 13. D — Section 4(1) is committed where a relevant offence has been committed and another person, knowing or believing the offender guilty of it, does without lawful authority or reasonable excuse any act with intent to impede his apprehension or prosecution. Burglary is a relevant offence because it can attract at least 5 years' imprisonment. Hiding the brother and lying about his whereabouts are such acts. DPP consent is required (s.4(4)). (Criminal Law Act 1967, s.4(1))
- 14. A — Section 149(4) prohibits buying alcohol for consumption on relevant premises by someone under 18. Section 149(5) disapplies this where the buyer is 18 or over, the individual is 16 or 17, the alcohol is beer, wine or cider, it is for a table meal on relevant premises, and an adult accompanies the meal. Section 150(4) gives a matching exception for consumption. (Licensing Act 2003, ss.149-150)
- 15. 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)
- 16. 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)
- 17. C — Section 163(1) requires a driver of a mechanically propelled vehicle on a road to stop when required by a constable in uniform or a traffic officer. A plain-clothes officer is neither. No offence under s.163(3) is committed for ignoring the request. (Road Traffic Act 1988, s.163)
- 18. A — Section 2A(1) contains two limbs. The driving must fall far below what would be expected of a competent and careful driver, and it must be obvious to a competent and careful driver that driving in that way would be dangerous. 'Dangerous' refers to danger of injury to any person or serious damage to property (s.2A(3)). The test is objective. (Road Traffic Act 1988, s.2A)
- 19. A — Where the custody officer does not have sufficient evidence to charge, s.37(3) PACE allows detention without charge only if he has reasonable grounds for believing it is necessary to secure or preserve evidence relating to an offence for which the person is under arrest, or to obtain such evidence by questioning. Otherwise the person must be released, on bail or without bail (s.37(2), (2A)). (Police and Criminal Evidence Act 1984, s.37(1)-(3))
- 20. B — Section 81(1) of the Road Traffic Regulation Act 1984 prohibits driving a motor vehicle on a restricted road at more than 30 mph. Section 82(1)(a) provides that, in England and Wales, a road is restricted if it has a system of street lighting with lamps placed not more than 200 yards apart, unless directed otherwise. In Wales, the restricted-road limit has been modified to 20 mph, but this road is in England. (Road Traffic Regulation Act 1984, ss.81-82)
- 21. C — Section 67(1) of the Sexual Offences Act 2003 is committed where a person, for the purpose of obtaining sexual gratification, observes another person doing a private act, knowing that the other person does not consent to being observed for his sexual gratification. Under s.68(1), a person is doing a private act if in a place that would reasonably be expected to provide privacy and their genitals, buttocks or breasts are exposed or covered only with underwear, or they are using a lavatory or doing a sexual act not ordinarily done in public. (Sexual Offences Act 2003, ss.67(1) and 68)
- 22. B — Section 117 CJA 2003 admits statements in documents created or received in the course of a business where the supplier of the information had, or may reasonably be supposed to have had, personal knowledge. The extra s.117(5) conditions (unavailability or no recollection) apply only where the statement was prepared for criminal proceedings or an investigation (s.117(4)). A register kept for ordinary business does not need them. (Criminal Justice Act 2003, s.117(1)-(5))
- 23. B — 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. (Sexual Offences Act 2003, s.74)
- 24. C — 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. (PACE Code C (2023), para 10.8; PACE Code E (2018), para 3.16)
- 25. 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))
- 26. 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))
- 27. D — Under s.51(1) and (2)(a) Crime and Disorder Act 1998, where an adult appears before a magistrates' court charged with an offence triable only on indictment, the court shall send him forthwith to the Crown Court for trial. There is no allocation, plea before venue or committal hearing. (Crime and Disorder Act 1998, s.51)
- 28. 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))
- 29. C — For a person arrested elsewhere who is not covered by the special cases, s.41(2)(d) PACE makes the relevant time the time he arrives at the first police station to which he is taken after arrest. HARPER arrived at 14:45, so the 24-hour period runs from then. (Police and Criminal Evidence Act 1984, s.41(2)(d))
- 30. B — Section 6(1) of the Offensive Weapons Act 2019 makes it an offence to have a corrosive substance with you in a public place. A 'corrosive substance' is one capable of burning human skin by corrosion (s.6(9)). In England and Wales it is a defence to prove good reason or lawful authority, including use at work (s.6(2)–(3)). The offence is triable either way, with a maximum of 4 years on indictment. (Offensive Weapons Act 2019, s.6)
- 31. D — Where a person attends a police station voluntarily and is then arrested there, s.41(2)(c) PACE makes the relevant time the time of his arrest. QUINN's detention clock therefore runs from 11:20. (Police and Criminal Evidence Act 1984, s.41(2)(c))
- 32. D — Under reg 28(1)(a) and (3), a misconduct meeting for an officer other than a senior officer is conducted by a person appointed by the appropriate authority. That person must be a member of a police force at least one rank higher than the officer or, unless the case substantially involves operational policing matters, a more senior police staff member. Under reg 42(2), the disciplinary action available at a meeting is a written warning or a final written warning. (Police (Conduct) Regulations 2020, regs 28, 42(2))
- 33. C — Section 2 of the Criminal Damage Act 1971 is limited to threats to destroy or damage property: either property belonging to the person threatened or a third person, or the defendant's own property in a way he knows is likely to endanger life. A threat to injure a person is not covered, although other offences may be. (Criminal Damage Act 1971, s.2)
- 34. D — Section 1(1)(b) requires that the person knows or ought to know that the course of conduct amounts to harassment. Section 1(2) makes the 'ought to know' limb objective. It is met if a reasonable person in possession of the same information would think the course of conduct amounted to harassment. WARD's genuine but unreasonable belief is no answer. (Protection from Harassment Act 1997, s.1(2))
- 35. B — Section 36(3) PACE requires an appointed custody officer to be at least a sergeant, but s.36(4) allows an officer of any rank to perform custody functions at a designated station if a custody officer is not readily available. PC HUGHES is not involved in the investigation, so s.36(5) is no bar. References to a custody officer include an officer acting under s.36(4) (s.36(8)). (Police and Criminal Evidence Act 1984, s.36(3)-(5))
- 36. 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)
- 37. B — 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. (Modern Slavery Act 2015, s.3(6))
- 38. C — 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. (Sexual Offences Act 2003, s.1)
- 39. C — Code C para 10.12 provides that if a juvenile or vulnerable person is cautioned in the absence of the appropriate adult, the caution must be repeated in the appropriate adult's presence. Annex E para 7 repeats the rule for vulnerable persons. (PACE Code C (2023), para 10.12)
- 40. B — Section 22(2) of the Theft Act 1968 provides that a person guilty of handling stolen goods is liable on conviction on indictment to imprisonment for up to 14 years. That is twice the seven-year maximum for theft under s.7, which reflects the role handlers play in creating a market for stolen property. (Theft Act 1968, s.22(2))
- 41. 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))
- 42. D — 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. (Police and Criminal Evidence Act 1984, s.32(4))
- 43. D — Affray (s.3) is committed by a person who uses or threatens unlawful violence towards another, where the conduct would cause a hypothetical person of reasonable firmness present at the scene to fear for their personal safety. Section 3(4) states that no such person need actually be, or be likely to be, present. Section 3(2) assesses the conduct of two people fighting together. Under s.3(5), affray can occur in private places too. (Public Order Act 1986, s.3)
- 44. B — Section 2 of the Criminal Damage Act 1971 makes it an offence, without lawful excuse, to make a threat to another intending that the other would fear it would be carried out, to destroy or damage property belonging to that other or a third person. Neither an intention to carry out the threat nor actual fear in the victim is required. TOWNE intended her to fear it would be carried out. (Criminal Damage Act 1971, s.2)
- 45. B — Section 1(1)(a) provides for imprisonment of up to 14 years on conviction on indictment. This was increased from ten years by s.122 Police, Crime, Sentencing and Courts Act 2022, with effect from 28 June 2022. Section 1(1)(b) allows summary conviction with up to six months' imprisonment, so the offence is triable either way. (Children and Young Persons Act 1933, s.1(1))
- 46. C — Section 17(5) PACE abolishes the common law powers of a constable to enter premises without a warrant. Section 17(6) preserves any power of entry to deal with or prevent a breach of the peace. (Police and Criminal Evidence Act 1984, s.17(5)-(6))
- 47. A — Section 163(1) requires a person driving a mechanically propelled vehicle on a road to stop on being required to do so by a constable in uniform or a traffic officer. Section 163(2) applies the same duty to a person riding a cycle on a road. No suspicion of an offence is required, and failing to comply is an offence (s.163(3)). (Road Traffic Act 1988, s.163)
- 48. 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))
- 49. 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))
- 50. D — Under Annex 1 of the Director's Guidance on Charging the police may charge any offence of retail theft (shoplifting) or attempted retail theft, irrespective of plea, provided it is suitable for sentence in the magistrates' court and none of the listed exclusions (such as domestic abuse or hate crime) applies. Goods worth £350 make this an either-way theft, but the retail theft rule still allocates the decision to the police despite the denial. (Director's Guidance on Charging (6th edition, 2020), Annex 1)
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