1
Criminal Litigation 2 ACTUAL EXAM
2025 TEST COMPREHENSIVE
QUESTIONS AND VERIFIED ANSWERS
(DETAILED & ELABORATED) 100%
SOLVED 2025!!
What is the legal burden? - 🧠ANSWER ✔✔Requirement to prove an element of
the case to a prescribed standard
- prosecution: beyond reasonable doubt
- defence: balance of probabilities
What is the evidential burden? - 🧠ANSWER ✔✔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? - 🧠ANSWER
✔✔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? -
🧠ANSWER ✔✔- advance notification
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE. PRIVACY 1
STATEMENT. ALL RIGHTS RESERVED
, 2
- timing
- voir dire
- submissions
If evidence has been irregularly obtained (e.g. in breach of PACE) does it render it
inadmissible? - 🧠ANSWER ✔✔No - not per se.
What is advance notification relating to exclusion of confessions? - 🧠ANSWER
✔✔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 prosecution to serve a response to the
same. The judge will also direct when the arguments will be heard.
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)? -
🧠ANSWER ✔✔- CC: pre-trial hearing listed specifically for this purpose OR just
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE. PRIVACY 2
STATEMENT. ALL RIGHTS RESERVED
, 3
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? - 🧠ANSWER ✔✔• 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.
• 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? - 🧠ANSWER ✔✔• Advance notification: generally at the PTPH, the judge is
likely to order, when the defence is to serve a skeleton argument in support of any
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE. PRIVACY 3
STATEMENT. ALL RIGHTS RESERVED
, 4
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 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? -
🧠ANSWER ✔✔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? - 🧠ANSWER ✔✔As a preliminary issue
When should a Turnbull direction be given? - 🧠ANSWER ✔✔when the case
against the accused depends 'wholly or substantially' on the correctness of the
visual identification.
+
- D picked out in formal ID but maintains its mistaken.
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE. PRIVACY 4
STATEMENT. ALL RIGHTS RESERVED
Criminal Litigation 2 ACTUAL EXAM
2025 TEST COMPREHENSIVE
QUESTIONS AND VERIFIED ANSWERS
(DETAILED & ELABORATED) 100%
SOLVED 2025!!
What is the legal burden? - 🧠ANSWER ✔✔Requirement to prove an element of
the case to a prescribed standard
- prosecution: beyond reasonable doubt
- defence: balance of probabilities
What is the evidential burden? - 🧠ANSWER ✔✔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? - 🧠ANSWER
✔✔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? -
🧠ANSWER ✔✔- advance notification
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE. PRIVACY 1
STATEMENT. ALL RIGHTS RESERVED
, 2
- timing
- voir dire
- submissions
If evidence has been irregularly obtained (e.g. in breach of PACE) does it render it
inadmissible? - 🧠ANSWER ✔✔No - not per se.
What is advance notification relating to exclusion of confessions? - 🧠ANSWER
✔✔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 prosecution to serve a response to the
same. The judge will also direct when the arguments will be heard.
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)? -
🧠ANSWER ✔✔- CC: pre-trial hearing listed specifically for this purpose OR just
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE. PRIVACY 2
STATEMENT. ALL RIGHTS RESERVED
, 3
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? - 🧠ANSWER ✔✔• 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.
• 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? - 🧠ANSWER ✔✔• Advance notification: generally at the PTPH, the judge is
likely to order, when the defence is to serve a skeleton argument in support of any
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE. PRIVACY 3
STATEMENT. ALL RIGHTS RESERVED
, 4
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 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? -
🧠ANSWER ✔✔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? - 🧠ANSWER ✔✔As a preliminary issue
When should a Turnbull direction be given? - 🧠ANSWER ✔✔when the case
against the accused depends 'wholly or substantially' on the correctness of the
visual identification.
+
- D picked out in formal ID but maintains its mistaken.
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE. PRIVACY 4
STATEMENT. ALL RIGHTS RESERVED
