SQE 2: Criminal Litigation

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