SQE Criminal Law and Practice

Question 1

Under the Police and Criminal Evidence Act 1984, what is the maximum period a person can be detained without charge before a Superintendent's extension is required?

Accepted Answer

24 hours

Answer

PACE s.41 provides that detention without charge must not exceed 24 hours, after which a Superintendent must authorise a further period up to 36 hours.

Question 2

What is the mens rea required for murder under English law?

Accepted Answer

Intention to kill or cause grievous bodily harm

Answer

Murder requires proof that the defendant intended either to kill or to cause grievous bodily harm, as confirmed in R v Moloney [1985].

Question 3

Which court deals with summary-only offences in England and Wales?

Accepted Answer

Magistrates' Court

Answer

Summary-only offences, such as most motoring offences, are tried exclusively in the Magistrates' Court before magistrates or a District Judge.

Question 4

What is the defence of 'loss of control' under the Coroners and Justice Act 2009?

Accepted Answer

A partial defence to murder where the defendant lost self-control due to a qualifying trigger

Answer

Loss of control under ss.54–56 CJA 2009 is a partial defence reducing murder to manslaughter, available when the defendant lost self-control triggered by fear of serious violence or circumstances of an extremely grave character.

Question 5

Under the Theft Act 1968, which element is NOT required to establish theft?

Accepted Answer

Violence or threat

Answer

Theft under s.1 Theft Act 1968 requires appropriation of property belonging to another, dishonestly and with intent to permanently deprive — violence is not an element.

SQE - Solicitors Qualifying Examination Practice Test

SQE - Solicitors Qualifying Examination Practice Test

SQE Criminal Law and Practice