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
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- 01Free
Advising at the Police Station: Rights and Detention
Rights of a suspect detained by police, detention time limits, and advising vulnerable clients
- 02
Identification Procedures
PACE Code D identification procedures and when they must be held
- 03
Advising on Police Questions and Interviews
Right to silence, adverse inferences, interview procedure, appropriate adults, and vulnerable clients
- 04
Bail Applications
Right to bail, exceptions to bail, conditional and unconditional bail, police and court bail, further applications and appeals
- 05
First Hearings and Representation
Classification of offences, representation orders, procedural overview of first hearings, and the defence solicitor's role
- 06
Plea Before Venue and Allocation
Plea before venue procedure, advising on trial venue, mode of trial, and sending without allocation
- 07
Case Management and Disclosure
Case management directions, prosecution and defence disclosure under CPIA, PII, and third-party disclosure
- 08
Burden and Standard of Proof
The golden thread of criminal law, legal and evidential burdens, statutory reversals, and Article 6(2) ECHR
- 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
Hearsay Evidence
Definition of hearsay, common law exceptions, and CJA 2003 statutory provisions
- 11
Confession Evidence
Definition, admissibility, and exclusion of confession evidence under PACE 1984
- 12
Character Evidence
Bad character evidence, the 7 gateways for admission, and exclusion under CJA 2003
- 13
Exclusion of Evidence
s.78 PACE 1984, Article 6 ECHR, abuse of process, and the right to a fair trial
- 14
Trial Procedure
Stages of a criminal trial, courtroom etiquette, evidence rules, competence, compellability, and special measures
- 15
Sentencing
Sentencing guidelines, determining seriousness, types of sentences, and Newton hearings
- 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
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?
- Yes, because a detainee is entitled to consult a solicitor privately at any time, free of charge. Correct
- Yes, but only once the custody officer has authorised the request and recorded it in the custody record.
- No, because the right to legal advice arises once the first interview has been completed.
- No, because free legal advice is available only to a detainee who cannot afford to pay.
- No, because a detainee is entitled to a telephone call to a solicitor rather than a consultation.
A woman is arrested at a shop at 2:00 pm on a Monday on suspicion of theft. She is driven to a police station some distance away and arrives there at 3:00 pm. The custody officer authorises her detention at 3:30 pm. An inspector reviews her detention at 8:30 pm and is satisfied that it remains necessary. No further authorisation of her detention is given at any stage.
By what time must the police charge the woman or release her?
- 2:00 pm on Tuesday, 24 hours after her arrest at the shop.
- 3:30 pm on Tuesday, 24 hours after the custody officer authorised her detention.
- 3:00 pm on Tuesday, 24 hours after she arrived at the station. Correct
- 2:00 am on Wednesday, 36 hours after her arrest at the shop.
- 9:00 pm on Monday, six hours after her arrival at the police station.
A solicitor is called to a police station to advise a woman arrested four hours ago on suspicion of assault. On arrival the solicitor is told that the client asked for legal advice when she arrived, that no interview has yet taken place, and that the investigating officer wants to begin questioning in twenty minutes. That officer offers to summarise the allegation on the way to the interview room, and the custody officer adds that the client has been "no trouble at all". The solicitor has not yet met her.
What should the solicitor do first on arriving at the police station?
- Ask the investigating officer for full disclosure of the evidence against the client.
- Ask the custody officer whether the police have yet decided to charge the client.
- Ask to inspect the custody record before taking instructions from the client. Correct
- Ask the client for her instructions and advise her before looking at any paperwork.
- Ask the investigating officer to postpone the interview until the following morning.
A woman is arrested on suspicion of criminal damage and detained at a police station while the officers wait for a witness to attend. She has been told that free legal advice is available, but says she wants to read the codes of practice for herself before she decides whether to ask for a solicitor. The custody officer replies that the codes are kept in the inspector's office, that they are handed out only to solicitors, and that she may look at them once she has been interviewed.
Is the custody officer right to refuse the woman the codes of practice until after her interview?
- Yes, because a detainee may consult the codes only through a solicitor acting for her.
- Yes, because consulting the codes may be deferred until the police have finished their enquiries.
- No, because the custody officer must instead read the codes aloud to her before any interview.
- No, because she is entitled to be given her own copy of the codes to keep in her cell.
- No, because she must be allowed to consult the codes at any time during her detention. Correct
Free audio course
Listen to Criminal Law and Practice — Season 8 of the podcast
Every topic below is also a free podcast episode — the rules, the traps and a worked question in around fifteen minutes, on your commute.
- 1. Advising at the Police Station: Rights and Detention21 min
- 2. Identification Procedures20 min
- 3. Advising on Police Questions and Interviews19 min
- 4. Bail Applications22 min
- 5. First Hearings and Representation18 min
- 6. Plea Before Venue and Allocation21 min
- 7. Case Management and Disclosure23 min
- 8. Burden and Standard of Proof18 min
- 9. Identification Evidence and Inferences from Silence21 min
- 10. Hearsay Evidence23 min
- 11. Confession Evidence22 min
- 12. Character Evidence21 min
- 13. Exclusion of Evidence22 min
- 14. Trial Procedure23 min
- 15. Sentencing22 min
- 16. Appeals22 min
- 17. Youth Court and Welsh Language22 min
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