SQE1 - Solicitors Qualifying Examination Part 1 Criminal Law and Practice Questions and Answers

Question 1

A man is arrested at 10:00 on Tuesday on suspicion of robbery, an indictable offence.
He is taken to a designated police station, and his detention is authorised by the custody officer.
What is the latest time the police can detain him without charge before they MUST apply to a magistrates' court for a warrant of further detention?

Accepted Answer

22:00 on Wednesday

Answer

22:00 on Tuesday

Answer

10:00 on Wednesday

Answer

10:00 on Thursday

Question 2

Following the Supreme Court's decision in *Ivey v Genting Casinos*, which of the following correctly states the legal test for dishonesty in criminal law?

Accepted Answer

What was the defendant's actual state of knowledge or belief as to the facts, and in light of that knowledge or belief, was their conduct dishonest by the standards of ordinary, decent people?

Answer

Was the defendant's conduct dishonest by the standards of ordinary, reasonable and honest people, and did the defendant realise that ordinary people would regard their behaviour as dishonest?

Answer

Did the defendant honestly believe their actions were not dishonest, regardless of what an ordinary person might think?

Answer

Was the defendant's conduct so outrageous that a jury would instinctively consider it to be dishonest?

Question 3

A man attacks another man in an alley, intending to cause him serious harm. Believing the victim to be dead, he panics and pushes the body into a nearby canal to dispose of it. A post-mortem examination reveals that the victim was merely unconscious after the initial attack and the actual cause of death was drowning. The defendant is charged with murder. On which legal principle is the prosecution most likely to rely to secure a conviction?

Accepted Answer

The 'single transaction' doctrine

Answer

Transferred malice

Answer

The thin skull rule

Answer

Strict liability

Question 4

A defendant appears before a magistrates' court charged with assault occasioning actual bodily harm (ABH) under s.47 of the Offences Against the Person Act 1861. This is an either-way offence. The magistrates consider the case and decide that their sentencing powers would be sufficient if the defendant were to be convicted. What is the next step in the allocation procedure?

Accepted Answer

The defendant is informed that the magistrates have accepted jurisdiction and is then asked whether they consent to be tried in the magistrates' court or wish to elect for trial by jury at the Crown Court.

Answer

The defendant is asked to enter a plea, and if they plead not guilty, the trial will proceed in the magistrates' court.

Answer

The case is automatically sent to the Crown Court for a plea and trial preparation hearing.

Answer

The prosecution is asked to confirm whether they agree with the magistrates' decision to retain jurisdiction.

Question 5

A homeowner is confronted by an unarmed burglar in their kitchen. The homeowner genuinely but mistakenly believes the burglar is reaching for a weapon. The homeowner grabs a heavy frying pan and strikes the burglar once on the head, causing a significant injury. In relation to the common law defence of self-defence, which statement most accurately describes how a court would assess the homeowner's action?

Accepted Answer

The force used will be judged against the facts as the homeowner genuinely believed them to be, and the key question will be whether the force was reasonable in those circumstances.

Answer

The defence will fail because the mistake was unreasonable.

Answer

The defence is only available if the force used was not disproportionate, regardless of the homeowner's belief.

Answer

The defence will automatically succeed because it is a 'householder case' and the burglar was a trespasser.

Question 6

To secure a conviction for gross negligence manslaughter, the prosecution must prove several elements derived from the case of *R v Adomako*. Which of the following is NOT an essential element of this offence?

Accepted Answer

The defendant was reckless as to whether death or serious injury would occur.

Answer

The defendant owed the victim a duty of care.

Answer

The defendant's breach of duty caused the victim's death.

Answer

The breach of the duty of care was so gross as to be considered criminal.