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CRLFLK2 · 11 topics

Criminal Liability SQE notes.

Actus reus, mens rea, and defences. Below: a preview of the notes, all 11 topics, sample questions with worked explanations, and the first chapter of the Criminal Liability study guide to download free, all mapped to the SRA’s FLK2 specification.

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The first chapter of the Criminal Liability 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: Principles of Criminal Liability

How the Criminal Liability notes read. Every one of the 11 topics is written the same way: the rule, the trap the examiners set, and a worked question.

A crime is conduct that the law prohibits and for which the state may punish the offender. Unlike civil wrongs, which are disputes between private individuals, crimes are considered offences against the public as a whole. The state brings the prosecution, not the victim.

  • Statutory exceptions where Parliament has placed a legal burden on the defendant (e.g., defence of insanity under M’Naghten Rules)
  • The defendant bears an evidential burden to raise a defence (e.g., self-defence, provocation) — once raised, the prosecution must disprove it beyond reasonable doubt
  • Strict liability offences where the prosecution need not prove mens rea for some or all elements
  • Reverse burden provisions under certain statutes (e.g., s.2(2) Road Traffic Act 1988 — drunk driving presumption)
Exam Tip: Burden of Proof: In your SQE1 exam, if you see a question about who must prove what, the starting point is always the prosecution with the burden of beyond reasonable doubt. Only look for exceptions where a statute specifically reverses or reverses part of the burden. The Woolmington principle is your default answer.

Full notes for all 11 topics are included with lifetime access, or as the Criminal Liability study guide (£9.99).

All 11 topics in Criminal Liability

SRA-aligned
  1. 01

    Principles of Criminal Liability

    Actus reus, mens rea, causation, omissions, and the fundamental building blocks of criminal liability

    Free
  2. 02

    Common Assault and Battery

    Common assault, battery, section 47 OAPA 1861, and consent as a defence

  3. 03

    Section 20 and Section 18 OAPA 1861

    Unlawful wounding or grievous bodily harm and wounding or causing grievous bodily harm with intent

  4. 04

    Murder

    Actus reus and mens rea of murder, mandatory life sentence, and reform proposals

  5. 05

    Manslaughter

    Voluntary manslaughter (loss of control, diminished responsibility) and involuntary manslaughter (unlawful act, gross negligence)

  6. 06

    Theft

    The elements of theft under section 1 Theft Act 1968 — appropriation, property, belonging to another, dishonesty, and intention to permanently deprive

  7. 07

    Robbery, Burglary and Related Theft Offences

    Robbery (s.8), burglary (s.9), aggravated vehicle-taking (s.12A), and handling stolen goods (s.22)

  8. 08

    Fraud

    Fraud by false representation, abuse of position, and failing to disclose under the Fraud Act 2006

  9. 09

    Criminal Damage

    Simple criminal damage, aggravated criminal damage, and arson under the Criminal Damage Act 1971

  10. 10

    General Defences

    Self-defence, defence of another, and intoxicication

  11. 11

    Parties to Crime and Inchoate Offences

    Principal offenders, accomplices, and the inchoate offence of attempt

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3 sample CRL questions

Real SBA questions from the Criminal Liability bank, with the full explanation. The paid bank covers all 11 topics and difficulty levels.

A man is tried in the Crown Court for assault occasioning actual bodily harm after a fight outside a bar. He admits punching the other man but says he did so only because the other man had come at him with a broken bottle. Two witnesses support his account and the prosecution disputes it. Before the jury retires, the judge directs them that, the punch being admitted, it is for the man to satisfy them on the balance of probabilities that he was acting in self-defence.

Is the judge's direction to the jury on the burden of proof correct?

  1. No, because the man need only raise self-defence; the prosecution must then disprove it beyond reasonable doubt. Correct
  2. No, because a defendant in a criminal trial never bears any burden at all in relation to a defence.
  3. Yes, because a defendant who relies on a defence must establish it on the balance of probabilities.
  4. Yes, because the prosecution's burden is discharged once it proves that the man deliberately struck the other man.
  5. Yes, because self-defence is a common law defence, and a reverse burden applies only to statutory defences.
Why: The correct answer is A. Woolmington v DPP [1935] lays down the golden thread of English criminal law: it is for the prosecution to prove the defendant's guilt. Self-defence is a common law defence, so the man carries only an evidential burden, namely enough evidence to put the issue before the jury, which the witnesses supply. The prosecution must then satisfy the jury beyond reasonable doubt that he was not acting in self-defence. Directing the jury that he must prove the defence on the balance of probabilities reverses that burden and is a misdirection. B is incorrect because it reaches the right conclusion for the wrong reason: the man does bear the evidential burden of raising the defence, and insanity and some statutory defences place a legal burden on a defendant. C is incorrect because the balance of probabilities standard applies only to the recognised exceptions, chiefly insanity and express statutory reverse burdens, and not to self-defence. D is incorrect because proving the punch does not discharge the prosecution's burden; once self-defence is live, disproving it is part of what has to be proved. E is incorrect because the distinction drawn is false: insanity is a common law defence which does carry a legal burden, and self-defence would attract none even if it were statutory.
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