SQE Criminal Law and Practice 2 — Questions and Answers
Question 1: Under the Criminal Procedure Rules, what is the overriding objective?
- That criminal cases be dealt with justly (Correct answer)
- That cases be resolved as quickly as possible
- That defendants be convicted where evidence permits
- That victims receive compensation
Correct answer: That criminal cases be dealt with justly
CrimPR r.1.1 states the overriding objective is that criminal cases be dealt with justly, balancing the interests of defendants, victims, and the public.
Question 2: What is the significance of a 'caution' given by police to a suspect before questioning under PACE Code C?
- It informs the suspect of the right to silence and that silence may be used in court (Correct answer)
- It formally charges the suspect
- It gives the suspect a formal warning instead of prosecution
- It ends the detention period
Correct answer: It informs the suspect of the right to silence and that silence may be used in court
The PACE caution warns the suspect: 'You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court...'
Question 3: Which Act governs the admissibility of bad character evidence in criminal proceedings?
- Criminal Justice Act 2003 (Correct answer)
- Police and Criminal Evidence Act 1984
- Youth Justice and Criminal Evidence Act 1999
- Criminal Evidence Act 1898
Correct answer: Criminal Justice Act 2003
The Criminal Justice Act 2003 (ss.98–113) replaced the old common law rules and sets out the gateways through which bad character evidence of defendants and non-defendants may be admitted.
Question 4: What is the test for dishonesty following the Supreme Court decision in Ivey v Genting Casinos [2017]?
- Whether the defendant's conduct was dishonest by the standards of ordinary, reasonable, and honest people (Correct answer)
- Whether the defendant subjectively believed they were acting honestly
- Whether the defendant knew their conduct was dishonest
- A two-stage test combining subjective and objective elements
Correct answer: Whether the defendant's conduct was dishonest by the standards of ordinary, reasonable, and honest people
Ivey established a single objective test: a court first ascertains the defendant's actual state of knowledge, then asks whether their conduct was dishonest by the standards of ordinary honest people.
Question 5: What is the maximum sentence the Magistrates' Court can impose for a single either-way offence?
- 12 months' imprisonment (Correct answer)
- 6 months' imprisonment
- 2 years' imprisonment
- Unlimited
Correct answer: 12 months' imprisonment
Following the Judicial Review and Courts Act 2022, the Magistrates' Court can now impose up to 12 months' imprisonment for a single either-way offence.
Question 6: Under the Sentencing Code, what does the 'totality principle' require when sentencing for multiple offences?
- That the overall sentence reflects the totality of offending and is just and proportionate (Correct answer)
- That all sentences must run concurrently
- That the longest individual sentence determines the total
- That sentences for each offence run consecutively
Correct answer: That the overall sentence reflects the totality of offending and is just and proportionate
The totality principle requires the sentencer to step back and ensure the total sentence, whether consecutive or concurrent, is just and proportionate to the overall criminality.
SQE Criminal Law and Practice 2
Under the Criminal Procedure Rules, what is the overriding objective?