SQE Criminal Law and Practice 2

Question 1

Under the Criminal Procedure Rules, what is the overriding objective?

Accepted Answer

That criminal cases be dealt with justly

Answer

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?

Accepted Answer

It informs the suspect of the right to silence and that silence may be used in court

Answer

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?

Accepted Answer

Criminal Justice Act 2003

Answer

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]?

Accepted Answer

Whether the defendant's conduct was dishonest by the standards of ordinary, reasonable, and honest people

Answer

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?

Accepted Answer

12 months' imprisonment

Answer

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.

SQE - Solicitors Qualifying Examination Practice Test

SQE - Solicitors Qualifying Examination Practice Test

SQE Criminal Law and Practice 2