Test on Criminal Procedure in England and Wales

Question 1: The police can hold a suspect for up to a maximum of 48 hours without charge when they are suspected of a serious crime.

A. Yes

B. No

Explanation: For serious crimes, the police can apply to hold an arrestee for up to 36 or 96 hours, not a maximum of 48 hours. The standard period is 24 hours.

Question 2: In the system described, a surety must pay the promised sum of money into court before the defendant is released on bail in England and Wales.

A. Yes

B. No

Explanation: The study materials state that the system described is different from other countries, especially the USA, where a surety must pay the money into court before the defendant is released on bail. In the described system, the surety promises to pay a certain sum of money if the defendant fails to attend the hearing, but does not pay it upfront.

Question 3: Under the Police and Criminal Evidence Act 1984 (PACE), which of the following are necessary conditions or grounds for a police officer to stop and search a person or vehicle in a public place?

A. The officer must always be in uniform when stopping a person.

B. The officer must have 'reasonable grounds' to suspect the presence of illegal drugs, a weapon, or stolen property.

C. The officer must show their warrant card if not in uniform when stopping a person.

D. The officer must have a warrant to stop and search.

Explanation: According to the study materials, a police officer has powers to stop and search a person only if they have 'reasonable grounds' to suspect the person is carrying, or the vehicle stopped contains, illegal drugs, a weapon, or stolen property. Also, if a police officer is not in uniform when stopping a person, they must show their warrant card. However, an officer doesn't always have to be in uniform when stopping a person, only when stopping a vehicle, and a warrant is not mentioned as a requirement for stop and search under PACE.

Question 4: According to the procedural criminal law in England and Wales, which of the following are actions the police must take when making an arrest?

A. Identify themselves as police officers.

B. Explain why it is necessary to arrest the suspect.

C. Inform the suspect of the specific crime they are suspected of committing.

D. Obtain permission from the suspect before using any physical force.

Explanation: When arresting, the police must identify themselves as the police, explain why it is necessary to arrest the suspect, and tell the suspect what crime they think he has committed. The police can use 'reasonable force' if the suspect tries to escape or become violent, without needing the suspect's permission.

Question 5: Prosecutors must assess the reliability and credibility of evidence when conducting the evidential test.

A. Yes

B. No

Explanation: The evidential test requires prosecutors to assess the reliability and credibility of evidence.