SQE1 Criminal Practice questions

Criminal practice is assessed in FLK2. It covers advice at the police station and detention, bail, first hearings, plea and allocation, trial procedure in the magistrates' court and the Crown Court, evidence (including silence and confessions), sentencing and appeals. Key sources include the Police and Criminal Evidence Act 1984 and its Codes of Practice, the Bail Act 1976, the Criminal Justice and Public Order Act 1994, the Sentencing Act 2020 and the Criminal Procedure Rules. Every question below links to the source behind its answer.

Rules to remember

A youth court must make a referral order for a first-time offender under 18 who pleads guilty to an imprisonable offence, unless it proposes custody, a hospital order or a discharge. Question L101

On an appeal from the magistrates against conviction or sentence, the Crown Court may impose any punishment, more or less severe, within the magistrates' court's powers. Question L100

Credit is one-third at the first stage and at most one-quarter afterwards; if the offender's version is rejected at a Newton hearing, the available reduction is normally halved. Question L099

Attacking another's character opens gateway (g), but on the defendant's application the court must exclude the evidence if admitting it would be unfair, considering especially its age. Question L098

A non-defendant's bad character needs the court's leave unless all parties agree, and is admitted only as important explanatory evidence or if it has substantial probative value on an important issue. Question L097

A frightened witness's statement can be admitted under s.116(2)(e) only with leave, given if the interests of justice require it, considering its contents, unfairness and special measures. Question L096

Under s.78 PACE, the court may exclude any prosecution evidence whose admission would so adversely affect the fairness of proceedings that it ought not to be admitted. Question L095

Once unreliability or oppression is raised, a confession is excluded unless the prosecution proves beyond reasonable doubt it was not so obtained, even if it may be true. Question L094

Under Galbraith, a case should go to the jury where its strength depends on a witness's reliability and, on one possible view, a jury could properly convict. Question L093

Where disputed identification evidence is poor (for example, a fleeting glance in difficult conditions) and unsupported, the judge should withdraw the case and direct an acquittal. Question L092

The prosecution must prove guilt beyond reasonable doubt; save for insanity and statutory exceptions, the defendant need only raise a reasonable doubt. Question L091

In summary trials a defence statement is voluntary, but if one is given, late service, inconsistency or departure from it at trial may attract comment and adverse inferences. Question L090

The prosecutor must disclose any unused material that might reasonably be considered capable of undermining the prosecution case or assisting the accused's case. Question L089

An adult jointly charged with a sent defendant with a related either-way offence must be sent forthwith if appearing on the same occasion; on a later occasion sending is discretionary. Question L088

If an accused pleads guilty after a non-custodial indication of sentence under s.20, no court may impose a custodial sentence for that offence. Question L087

A guilty plea indication at plea before venue is treated as a guilty plea at summary trial; the magistrates sentence or commit to the Crown Court for sentence. Question L086

To appeal magistrates' bail, the prosecution gives oral notice before release and written notice within two hours; the defendant stays in custody and the Crown Court hears it within 48 hours. Question L085

A court need not grant bail to a defendant charged with an indictable or either-way offence who appears to have been on bail in criminal proceedings when it was committed. Question L084

If a defendant chooses not to testify, after the court checks he understands the consequences, the jury may draw proper inferences but cannot convict on that inference alone. Question L083

A s.36 inference requires that the suspect was told in ordinary language, when asked to account for the object, substance or mark, what the effect of failing to do so would be. Question L082

If a suspect disputes an available eye-witness's identification, an identification procedure must be held, normally starting with a video identification. Question L081

A solicitor may challenge improper questions and advise silence; they may be removed only for conduct preventing proper questioning, on a senior officer's decision. Question L080

A juvenile's appropriate adult may be a parent, a social worker or another adult over 18 independent of the police, but not the victim, a witness, a suspect or the detainee's solicitor. Question L079

Informing someone of an arrest may be delayed only for an indictable offence, on inspector's authority and specified grounds, and never beyond 36 hours from the relevant time. Question L078

Before charge, detention is reviewed by an uninvolved inspector, first within six hours of detention being authorised, then at intervals of no more than nine hours. Question L077

Access to a solicitor may be delayed only for an indictable offence, on superintendent authority, on the s.58(8) grounds, and for no more than 36 hours. Question 14

No adverse inference may be drawn under s.34 CJPOA 1994 from silence at a police station if the suspect had not been allowed an opportunity to consult a solicitor before being questioned (s.34(2A)). Question 28

A superintendent or above responsible for the station may extend detention without charge for an indictable (including either-way) offence to 36 hours from the relevant time, after the second review and within 24 hours. Question 42