SQE 2: Criminal Litigation
Functioning Legal Knowledge for SQE2
Core principles of criminal liability
- The core principles of criminal liability relating to the specified criminal offences listed below:
Specified criminal offences
Offences against the person: assault and battery
- 47 Offences Against the Person Act 1861
- 20 Offences Against the Person Act 1861
- 18 Offences Against the Person Act 1861
Theft offences
- 1 Theft Act 1968
- 8 Theft Act 1968
- 9 Theft Act 1968
- 10 Theft Act 1968
Criminal damage
- simple criminal damage aggravated criminal damage arson
Homicide
- murder
- voluntary manslaughter
- involuntary manslaughter (unlawful act manslaughter, manslaughter by gross negligence)
Fraud
- by false representation by abuse of position by failing to disclose.
Definition of the offence:
- actus reus
- mens rea
General defences
- intoxication
- self-defence/defence of another.
Partial defences
- loss of control
- diminished responsibility
Parties
- principal offender accomplices
- joint enterprise.
Inchoate offences
- Attempt to commit an offence.
- Advising clients, including vulnerable clients, about the procedure and processes at the police station
Rights of a suspect being detained by the police for questioning
- right to legal advice
- right to have someone informed of arrest
- reviews and detention time limits under PACE 1984, Code C.
Identification procedures
- when an identification procedure must be held
- different types of identification procedure
- procedure for carrying out an identification procedure PACE 1984, Code D.
Advising a client, including vulnerable clients, whether to answer police questions
- right to silence
- adverse inferences.
Procedure for interviewing a suspect under PACE 1984
- role and appropriate conduct by defence legal representative/ solicitor including representation of vulnerable client role of appropriate adult and who can be an appropriate adult.
The procedures and processes involved in criminal litigation
Bail applications
- the right to bail and exceptions conditional bail
- procedure for applying for bail further applications for bail appeals against decisions on bail absconding and breaches of bail.
First hearings before the magistrates’ court
- classification of offences
- applying for a representation order
- procedural overview – what will happen at the hearing the role of the defence solicitor at the hearing.
Plea before Venue
- procedure on defendant entering plea advising the client on trial venue.
Allocation of business between magistrates’ court and Crown Court
- procedure ss. 19–20 and s. 22A Magistrates’ Courts Act 1980 sending without allocation s. 50A Crime and Disorder Act 1998.
Case management and pre-trial hearings
- Magistrates’ court case management directions Plea and Trial Preparation Hearing
- disclosure – prosecution, defence and unused material.
Principles and procedures to admit and exclude evidence
- burden and standard of proof
- visual identification evidence and Turnbull guidance
- inferences from silence ss. 34, 35, 36, 37, 38 Criminal Justice and Public Order Act 1994
Hearsay evidence
- definition
- grounds for admitting hearsay evidence
Confession evidence
- definition
- admissibility
- challenging admissibility ss. 76 and 78 PACE 1984
Character evidence
- definition of bad character
- the 7 gateways s. 101(1) Criminal Justice Act 2003 procedure for admitting bad character evidence court’s powers to exclude bad character evidence
Exclusion of evidence
- scope and application of s. 78 PACE and the right to a fair trial.
Trial procedure in magistrates’ court and Crown Court
- burden and standard of proof
- stages of a criminal trial, including submission of no case to answer modes of address and Court room etiquette
- difference between leading and non-leading questions competence and compellability
- special measures
- solicitor’s duty to the court.
Sentencing
- role of sentencing guidelines
- determining seriousness (aggravating and mitigating facts) concurrent and consecutive sentences
- mitigation
Types of sentence
- custodial sentences
- suspended sentences community orders
- Newton hearings.
Appeals procedure
Appeals from the magistrates’ court
- procedure for appeal against conviction and/or sentence powers of the Crown Court
- appeal to the High Court by way of case stated
Appeals from the Crown Court
- grounds of appeal
- procedure for making the appeal powers of the Court of Appeal.
Youth court procedure
- jurisdiction and grave crimes allocation
- youths jointly charged with adult
Sentencing
- role of the Sentencing Children and Young People – definitive guidelines referral orders
- detention and training orders youth rehabilitation orders
For further details, send an email to sqe@qltsprivatetutor.com