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CLPFLK2 · 17 topics

Criminal Law and Practice SQE notes.

Criminal offences, defences, and procedure. Below: a preview of the notes, all 17 topics, sample questions with worked explanations, and the first chapter of the Criminal Law and Practice study guide to download free, all mapped to the SRA’s FLK2 specification.

Free sample chapter

The first chapter of the Criminal Law and Practice study guide, with five worked questions, as a PDF and EPUB. The full guide is £9.99 on its own, and every subject is included with lifetime access.

From the notes

Topic 01: Advising at the Police Station: Rights and Detention

How the Criminal Law and Practice notes read. Every one of the 17 topics is written the same way: the rule, the trap the examiners set, and a worked question.

Advising a client at the police station is one of the most important things a criminal solicitor does. Decisions made at this stage can affect the entire case. Your client may be frightened, confused, and unaware of their rights. You are there to protect those rights and ensure the police act lawfully. Getting this wrong can mean evidence gets excluded, the case collapses, or an innocent person is convicted.

  • The custody officer must inform the detainee of the right to free legal advice (Code C, para 3.1)
  • The detainee can choose their own solicitor or use the duty solicitor scheme
  • Legal advice is free at the police station under the Duty Solicitor Scheme
  • The right to consult a solicitor includes the right to have the solicitor present during interview
Delay Must Be Proportionate: Even where one of the grounds in para 6.6 applies, the delay must be proportionate to the harm it is intended to prevent. The police cannot delay legal advice indefinitely. If a solicitor has been instructed and arrives at the station, the police should not generally continue to delay access unless there is a genuine risk that would arise from the consultation taking place at that time.

Full notes for all 17 topics are included with lifetime access, or as the Criminal Law and Practice study guide (£9.99).

All 17 topics in Criminal Law and Practice

SRA-aligned
  1. 01

    Advising at the Police Station: Rights and Detention

    Rights of a suspect detained by police, detention time limits, and advising vulnerable clients

    Free
  2. 02

    Identification Procedures

    PACE Code D identification procedures and when they must be held

  3. 03

    Advising on Police Questions and Interviews

    Right to silence, adverse inferences, interview procedure, appropriate adults, and vulnerable clients

  4. 04

    Bail Applications

    Right to bail, exceptions to bail, conditional and unconditional bail, police and court bail, further applications and appeals

  5. 05

    First Hearings and Representation

    Classification of offences, representation orders, procedural overview of first hearings, and the defence solicitor's role

  6. 06

    Plea Before Venue and Allocation

    Plea before venue procedure, advising on trial venue, mode of trial, and sending without allocation

  7. 07

    Case Management and Disclosure

    Case management directions, prosecution and defence disclosure under CPIA, PII, and third-party disclosure

  8. 08

    Burden and Standard of Proof

    The golden thread of criminal law, legal and evidential burdens, statutory reversals, and Article 6(2) ECHR

  9. 09

    Identification Evidence and Inferences from Silence

    Turnbull guidance on identification evidence, ss.34-38 CJPOA 1994 on inferences from silence, and advising clients

  10. 10

    Hearsay Evidence

    Definition of hearsay, common law exceptions, and CJA 2003 statutory provisions

  11. 11

    Confession Evidence

    Definition, admissibility, and exclusion of confession evidence under PACE 1984

  12. 12

    Character Evidence

    Bad character evidence, the 7 gateways for admission, and exclusion under CJA 2003

  13. 13

    Exclusion of Evidence

    s.78 PACE 1984, Article 6 ECHR, abuse of process, and the right to a fair trial

  14. 14

    Trial Procedure

    Stages of a criminal trial, courtroom etiquette, evidence rules, competence, compellability, and special measures

  15. 15

    Sentencing

    Sentencing guidelines, determining seriousness, types of sentences, and Newton hearings

  16. 16

    Appeals

    Appeals from magistrates' court and Crown Court, case stated, judicial review, Court of Appeal powers, Attorney General's reference, and the CCRC

  17. 17

    Youth Court and Welsh Language

    Youth court jurisdiction, sentencing children and young people, referral orders, youth rehabilitation orders, detention and training orders, and Welsh language rights in criminal proceedings

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4 sample CLP questions

Real SBA questions from the Criminal Law and Practice bank, with the full explanation. The paid bank covers all 17 topics and difficulty levels.

A man is arrested at his home on suspicion of stealing stock from his employer and arrives at a police station at 9:00 pm. When his rights are explained he says he wants to speak to a solicitor before answering any questions. The custody officer tells him that a solicitor cannot see him until the first interview has been completed, and that he will have to pay for the advice himself unless he is receiving benefits. No officer of superintendent rank has authorised any delay in his access to legal advice.

Is the man entitled to consult a solicitor before he is interviewed?

  1. Yes, because a detainee is entitled to consult a solicitor privately at any time, free of charge. Correct
  2. Yes, but only once the custody officer has authorised the request and recorded it in the custody record.
  3. No, because the right to legal advice arises once the first interview has been completed.
  4. No, because free legal advice is available only to a detainee who cannot afford to pay.
  5. No, because a detainee is entitled to a telephone call to a solicitor rather than a consultation.
Why: The correct answer is A. Under PACE s.58(1) a person arrested and held in custody at a police station is entitled, if he so requests, to consult a solicitor privately at any time, and he must be permitted to do so as soon as is practicable. Advice at the police station is free and is not means-tested, and Code C, para 6.1 requires the detainee to be told that free independent legal advice is available. Delay is possible only where the detainee is held for an indictable offence and an officer of at least superintendent rank authorises it on one of the grounds in s.58(6)-(8); no such authorisation was given here, so the interview must wait until he has seen a solicitor. B is incorrect because the custody officer has no gatekeeping role: the entitlement does not depend on his authorisation, although the request must be recorded. C is incorrect because the right applies throughout detention and is at its most valuable before the first interview. D is incorrect because advice at the police station is free to every detainee, whatever their means. E is incorrect because the detainee may consult his solicitor in person, in writing or by telephone; a call is not a substitute for a private consultation.
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