Criminal Law and Practice
Criminal Law and Practice is a combined topic covering both the substantive criminal law (the elements of offences and defences) and criminal procedure (the process from investigation through to sentencing and appeal). SQE1 questions typically require you to identify which offence has been committed, which defences might apply, and then apply the correct procedural rules — including which court the case will be tried in, disclosure obligations, and sentencing ranges.
Practise Criminal Law and Practice questions →What FLK2 tests in Criminal Law and Practice
Fatal Offences and Serious Violence
Murder: unlawful killing of a human being under the Queen's/King's peace with malice aforethought (intention to kill or cause GBH). Voluntary manslaughter: murder + partial defence (loss of control, diminished responsibility, suicide pact). Involuntary manslaughter: unlawful act manslaughter (dangerous and unlawful act causing death) or gross negligence manslaughter (R v Adomako — breach of duty in circumstances amounting to crime). Non-fatal: ABH (s.47 OAPA 1861), GBH with (s.18) and without (s.20) intent.
Property Offences
Theft (Theft Act 1968 s.1): appropriation + property belonging to another + dishonesty + intention to permanently deprive. Robbery: theft + force/threat of force. Burglary: s.9(1)(a) (enters as trespasser intending to steal/inflict GBH/commit criminal damage) and s.9(1)(b) (having entered as trespasser, steals or inflicts/attempts GBH). Fraud (Fraud Act 2006): fraud by false representation, failing to disclose information, abuse of position.
General Defences
Intoxication: voluntary intoxication is not a defence for basic intent crimes (DPP v Majewski) but is a defence for specific intent crimes (negates mens rea). Self-defence/defence of another: s.76 Criminal Justice and Immigration Act 2008 — honestly believed force was necessary and it was objectively reasonable (including mistakes). Duress: imminent threat of death/serious injury (R v Hasan — cannot be used for murder). Insanity (M'Naghten rules) and automatism.
PACE 1984 and Police Powers
Stop and search (s.1 PACE): must have reasonable grounds to suspect possession of stolen articles or offensive weapons. Arrest (s.24): reasonably suspects commission of offence AND reasonable grounds to arrest are necessary. Detention: custody officer; reviews; maximum 24 hours (36 with superintendent, up to 96 with magistrate's warrant). Right to legal advice (s.58). Interviews: caution must be given; Code C applies. Exclusion of evidence: s.76 (confessions obtained by oppression) and s.78 (unfair admission).
Criminal Procedure: From Charge to Trial
Charging decisions (CPS code test: evidential sufficiency + public interest). Classification of offences: summary only (Magistrates' Court, e.g. s.47 ABH), triable either way (magistrates or Crown Court), indictable only (Crown Court only, e.g. murder). Mode of trial for either way offences: magistrates decide jurisdiction; defendant can elect Crown Court. Bail: presumption in favour; grounds for withholding (BNA 1976: likely to fail to surrender, commit offence, interfere with witnesses).
Disclosure and Unused Material
Criminal Procedure and Investigations Act 1996: initial disclosure (prosecution must disclose any unused material that might reasonably undermine the prosecution case); defence statement (voluntary in Magistrates', mandatory in Crown Court); secondary disclosure (prosecution must then disclose anything not previously disclosed consistent with the defence statement). Public interest immunity (PII): prosecution may apply to withhold material.
Sentencing
Sentencing Act 2020 (formerly Criminal Justice Act 2003) codifies sentencing principles. Aims of sentencing (s.57): punishment, reduction of crime (including deterrence), reform and rehabilitation, protection of the public, reparation. Sentencing guidelines (issued by the Sentencing Council) set ranges. Community sentences: unpaid work, curfew, programme requirements. Custody: immediate imprisonment, suspended sentence (with requirements). Fines. Pre-sentence reports.
Key cases
The cases most commonly tested in SQE1 MCQs for Criminal Law and Practice.
Recklessness in criminal law requires subjective awareness of an unjustified risk.
Overruled Caldwell: recklessness is subjective — the defendant must personally be aware of the risk.
Voluntary intoxication is no defence to crimes of basic intent because the prior intoxication supplies the mental element.
Gross negligence manslaughter: defendant owed a duty; breach; serious and obvious risk of death; breach was so bad it should be judged criminal.
Duress requires (i) a threat of death or serious injury, (ii) directed at the defendant or a close associate, (iii) the defendant had no opportunity to avoid the threat.
Consent is not a defence to ABH or GBH inflicted in the course of sado-masochistic activities between adults.
Other FLK2 topics
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