SQE2 Criminal Litigation 3

Question 1

Under section 57 of the Sentencing Act 2020, which of the following is NOT one of the five statutory purposes of sentencing that a court must have regard to?

Accepted Answer

The financial compensation of the state for the costs of prosecution

Answer

Section 57 of the Sentencing Act 2020 lists five purposes: punishment, reduction of crime (including deterrence), reform and rehabilitation, protection of the public, and making reparation — financial compensation of the state is not among them.

Question 2

What is a Newton hearing in the context of criminal sentencing?

Accepted Answer

A fact-finding hearing where the judge resolves a disputed factual basis for sentence following a guilty plea

Answer

A Newton hearing, derived from R v Newton (1982), is held where the defendant pleads guilty but disputes the factual basis asserted by the prosecution; the judge hears evidence and determines the facts to inform the appropriate sentence.

Question 3

According to the Sentencing Council's guideline on Reduction in Sentence for a Guilty Plea, what is the maximum reduction available where a guilty plea is entered at the first stage of proceedings?

Accepted Answer

One third (approximately 33%)

Answer

The Sentencing Council's Reduction in Sentence for a Guilty Plea guideline provides that a guilty plea indicated at the first stage of proceedings attracts the maximum reduction of one third.

Question 4

Under sections 266 and 279 of the Sentencing Act 2020, when may a court impose an extended determinate sentence on an adult offender?

Accepted Answer

Where the offender is assessed as dangerous and has been convicted of a specified offence, and either the custodial term is at least four years or there is a relevant previous conviction

Answer

Sections 266 and 279 of the Sentencing Act 2020 require the court to find the offender dangerous (significant risk of serious harm from specified offences) and either the notional determinate term is at least four years or the offender has a relevant previous conviction.

Question 5

Under section 108 of the Magistrates' Courts Act 1980, how does a defendant appeal against conviction in the magistrates' court?

Accepted Answer

By appeal to the Crown Court, where the matter is reheard de novo before a judge and magistrates

Answer

Section 108 of the Magistrates' Courts Act 1980 gives a defendant the right to appeal to the Crown Court against conviction or sentence, where the Crown Court rehears the case entirely afresh before a circuit judge and at least two lay magistrates.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Criminal Litigation 3