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Criminal Litigation 2 ACTUAL EXAM 2025 TEST
COMPREHENSIVE QUESTIONS AND VERIFIED
ANSWERS (DETAILED & ELABORATED) 100%
SOLVED 2025!! Questions and Answers (100%
Correct Answers) Already Graded A+
What is the legal burden? Ans: Requirement to prove an element of the
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case to a prescribed standard
- prosecution: beyond reasonable doubt
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- defence: balance of probabilities
What is the evidential burden? Ans: The burden to raise some evidence
to satisfy the judge that the matter should be argued before the jury
How would defence seek to exclude evidence of a confession? Ans:
under s.76 (oppression + unreliability) AND as an alternative s.78
-- or both together
What are the 4 elements to making an application to exclude
confessions? Ans: - advance notification
- timing
- voir dire
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- submissions
If evidence has been irregularly obtained (e.g. in breach of PACE) does
it render it inadmissible? Ans: No - not per se.
What is advance notification relating to exclusion of confessions? Ans: At
the PTPH or Further Case Management Hearing at the CC, the judge will
review the Defence Statement (including points as to admissibility of
evidence) and is likely to order, with time limits, the defence to serve a
skeleton argument in support of any s.76/78 arguments and the
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prosecution to serve a response to the same. The judge will also direct
when the arguments will be heard.
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When dealing with case management in MC, standard case
preparation time limits require any defence skeleton argument in
support at least 10 business days before trial and the prosecution
response 5 business days after that.
When should an application to exclude a confession be made
(TIMING)? Ans: - CC: pre-trial hearing listed specifically for this purpose
OR just prior to opening the case to the jury (in the absence of jury) OR
during the trial itself.
- MC: any s.76 application should be dealt with as a preliminary issue.
What are the 3 practical steps in making an application to exclude
confession in the MC? Ans: • Advance notification: any defence
skeleton argument in support at least 10 business days before trial and
the prosecution response 5 business days after that.
• Timing: In a MC, any application under s.76 should be dealt with as a
preliminary issue.
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• Voir dire: where the application is under s.76 or boths.76 & s.78 and the
evidence is disputed, the magistrates should hear evidence on the
matter and decide the applications as a preliminary issue. If, however,
the application in a magistrates' court is only under s.78, the magistrates
have a discretion to hear all the evidence in the usual way and decide
upon its admissibility at a later stage.
What are the 3 practical steps in making an application to exclude
confession in the CC? Ans: • Advance notification: generally at the
PTPH, the judge is likely to order, when the defence is to serve a skeleton
© 2026 Assignment Expert
argument in support of any s.76/78 arguments, when the prosecution
serve a response and when the arguments will be heard.
• Timing: the application to exclude the confession can be made at a
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pre-trial hearing listed specifically for this purpose or it can be dealt with
just prior to opening the case to the jury (and in the absence of the jury).
• Voir dire: required where the application is made under s.76 (or both
s.76 and s.78) and the evidence founding the application is in dispute.
What is the standard time for any defence skeleton argument in support
of an application to exclude evidence of a confession in the
magistrates' court? Ans: 10 business days before trial
At what point in the trial process will an application under s.76 PACE 1984
be dealt with in the magistrates' court? Ans: As a preliminary issue
When should a Turnbull direction be given? Ans: when the case against
the accused depends 'wholly or substantially' on the correctness of the
visual identification.
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- D picked out in formal ID but maintains its mistaken.
What is a Turnbull direction? Ans: • The judge should warn the jury of the
special need for caution before convicting the accused in reliance on
the correctness of the identification, whenever the prosecution case
against an accused depends wholly or substantially:
- on the correctness of one or more identifications of the accused; and
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- the defence alleges the identification to be mistaken.
What are the 3 key elements of a Turnbull warning? Ans: • The judge
should:
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- instruct the jury as to the reason for the need for such a warning;
mistaken witnesses can be convincing ones.
- direct the jury to examine the circumstances in which the identification
by each witness came to be made.
- remind the jury of any specific weaknesses in the identification
evidence.
What other evidence is capable of supporting identification? Ans: o
Scientific evidence, e.g. footwear, facial mapping, telephone evidence
o Multiple identifications by different witnesses (as long as the
identifications are of sufficient quality so as to be left to the jury to assess)
o The accused's bad character or previous convictions (if admissible)
1
Criminal Litigation 2 ACTUAL EXAM 2025 TEST
COMPREHENSIVE QUESTIONS AND VERIFIED
ANSWERS (DETAILED & ELABORATED) 100%
SOLVED 2025!! Questions and Answers (100%
Correct Answers) Already Graded A+
What is the legal burden? Ans: Requirement to prove an element of the
© 2026 Assignment Expert
case to a prescribed standard
- prosecution: beyond reasonable doubt
Guru01 - Stuvia
- defence: balance of probabilities
What is the evidential burden? Ans: The burden to raise some evidence
to satisfy the judge that the matter should be argued before the jury
How would defence seek to exclude evidence of a confession? Ans:
under s.76 (oppression + unreliability) AND as an alternative s.78
-- or both together
What are the 4 elements to making an application to exclude
confessions? Ans: - advance notification
- timing
- voir dire
,For Expert help and assignment handling,
2
- submissions
If evidence has been irregularly obtained (e.g. in breach of PACE) does
it render it inadmissible? Ans: No - not per se.
What is advance notification relating to exclusion of confessions? Ans: At
the PTPH or Further Case Management Hearing at the CC, the judge will
review the Defence Statement (including points as to admissibility of
evidence) and is likely to order, with time limits, the defence to serve a
skeleton argument in support of any s.76/78 arguments and the
© 2026 Assignment Expert
prosecution to serve a response to the same. The judge will also direct
when the arguments will be heard.
Guru01 - Stuvia
When dealing with case management in MC, standard case
preparation time limits require any defence skeleton argument in
support at least 10 business days before trial and the prosecution
response 5 business days after that.
When should an application to exclude a confession be made
(TIMING)? Ans: - CC: pre-trial hearing listed specifically for this purpose
OR just prior to opening the case to the jury (in the absence of jury) OR
during the trial itself.
- MC: any s.76 application should be dealt with as a preliminary issue.
What are the 3 practical steps in making an application to exclude
confession in the MC? Ans: • Advance notification: any defence
skeleton argument in support at least 10 business days before trial and
the prosecution response 5 business days after that.
• Timing: In a MC, any application under s.76 should be dealt with as a
preliminary issue.
,For Expert help and assignment handling,
3
• Voir dire: where the application is under s.76 or boths.76 & s.78 and the
evidence is disputed, the magistrates should hear evidence on the
matter and decide the applications as a preliminary issue. If, however,
the application in a magistrates' court is only under s.78, the magistrates
have a discretion to hear all the evidence in the usual way and decide
upon its admissibility at a later stage.
What are the 3 practical steps in making an application to exclude
confession in the CC? Ans: • Advance notification: generally at the
PTPH, the judge is likely to order, when the defence is to serve a skeleton
© 2026 Assignment Expert
argument in support of any s.76/78 arguments, when the prosecution
serve a response and when the arguments will be heard.
• Timing: the application to exclude the confession can be made at a
Guru01 - Stuvia
pre-trial hearing listed specifically for this purpose or it can be dealt with
just prior to opening the case to the jury (and in the absence of the jury).
• Voir dire: required where the application is made under s.76 (or both
s.76 and s.78) and the evidence founding the application is in dispute.
What is the standard time for any defence skeleton argument in support
of an application to exclude evidence of a confession in the
magistrates' court? Ans: 10 business days before trial
At what point in the trial process will an application under s.76 PACE 1984
be dealt with in the magistrates' court? Ans: As a preliminary issue
When should a Turnbull direction be given? Ans: when the case against
the accused depends 'wholly or substantially' on the correctness of the
visual identification.
+
, For Expert help and assignment handling,
4
- D picked out in formal ID but maintains its mistaken.
What is a Turnbull direction? Ans: • The judge should warn the jury of the
special need for caution before convicting the accused in reliance on
the correctness of the identification, whenever the prosecution case
against an accused depends wholly or substantially:
- on the correctness of one or more identifications of the accused; and
© 2026 Assignment Expert
- the defence alleges the identification to be mistaken.
What are the 3 key elements of a Turnbull warning? Ans: • The judge
should:
Guru01 - Stuvia
- instruct the jury as to the reason for the need for such a warning;
mistaken witnesses can be convincing ones.
- direct the jury to examine the circumstances in which the identification
by each witness came to be made.
- remind the jury of any specific weaknesses in the identification
evidence.
What other evidence is capable of supporting identification? Ans: o
Scientific evidence, e.g. footwear, facial mapping, telephone evidence
o Multiple identifications by different witnesses (as long as the
identifications are of sufficient quality so as to be left to the jury to assess)
o The accused's bad character or previous convictions (if admissible)
