Overview
Our free Criminal Law and Practice notes cover everything you need to know for the Solicitors' Qualifying Exam (SQE). From Actus Reus, Mens Rea to homicide offences and police station procedures, we've got you covered. Whether you're in a classroom or taking the self-study route, these notes provide added peace of mind, knowing that you have everything you need to help consolidate and revise effectively for the SQE1 exam. Think something could be better? Give us a shout on our contact page, and we'll take a look.
We've created comprehensive study guides for all SQE1 FLK1 and FLK2 topics. Check out our other free notes below:
FLK1
FLK2
- Criminal Law and Practice
- Land Law
- Property Practice
- Solicitors Accounts
- Trusts
- Wills and the Administration of Estates
1. Core Principles of Criminal Liability
- Actus reus
- Mens rea
- Coincidence of actus reus and mens rea
- Strict liability offences
- Causation in criminal law
2. Parties to an Offence and Inchoate Offences
- Principal offenders
- Accomplices and secondary liability
- Joint enterprise
- Inchoate offences: attempt to commit an offence
3. Offences Against the Person
- Assault
- Battery
- Assault occasioning actual bodily harm (s.47 OAPA 1861)
- Malicious wounding or inflicting grievous bodily harm (s.20 OAPA 1861)
- Wounding or causing grievous bodily harm with intent (s.18 OAPA 1861)
4. Theft and Property Offences
- Theft (s.1 Theft Act 1968)
- Robbery (s.8 Theft Act 1968)
- Burglary (s.9 Theft Act 1968)
- Aggravated burglary (s.10 Theft Act 1968)
5. Fraud Offences
- Fraud by false representation
- Fraud by failing to disclose information
- Fraud by abuse of position
- Elements and defences related to fraud
6. Criminal Damage
7. Homicide Offences
- Murder
- Voluntary manslaughter
- Involuntary manslaughter (unlawful act and gross negligence)
- Partial defences: loss of control
- Partial defences: diminished responsibility
8. General Defences
9. Advising Clients at the Police Station
- Rights of a suspect under PACE 1984 (Code C)
- Right to legal advice
- Right to have someone informed of arrest
- Detention time limits and reviews
- Identification procedures (Code D)
- When identification procedures must be held
- Types of identification procedures
- Procedures for carrying out identification
- Right to silence and adverse inferences
- Role and conduct of the defence solicitor
- Representation of vulnerable clients
- Role of the appropriate adult
10. Bail Applications
- Right to bail and exceptions
- Conditional bail
- Procedure for applying for bail
- Further applications and variations
- Appeals against bail decisions
- Consequences of absconding and breaches of bail
11. First Hearings Before the Magistrates' Court
- Classification of offences (summary, either-way, indictable)
- Applying for a representation order
- Procedural overview of the first hearing
- Role of the defence solicitor at the hearing
- Plea before venue procedure
- Advising the client on trial venue
12. Allocation of Cases Between Magistrates' Court and Crown Court
- Procedure under ss.19–20 and s.22A Magistrates' Courts Act 1980
- Sending cases without allocation (s.50A Crime and Disorder Act 1998)
- Factors influencing allocation decisions
- Defendant's right to elect trial venue
13. Case Management and Pre-Trial Hearings
- Magistrates' court case management directions
- Plea and Trial Preparation Hearing (PTPH)
- Disclosure obligations for prosecution and defence
- Handling of unused material
- Pre-trial applications and notices
14. Principles and Procedures to Admit and Exclude Evidence
- Burden and standard of proof
- Visual identification evidence and Turnbull guidelines
- Inferences from silence (ss.34–38 Criminal Justice and Public Order Act 1994)
- Definition and admissibility of hearsay evidence
- Grounds for admitting hearsay
- Confession evidence (admissibility under ss.76 and 78 PACE 1984)
- Bad character evidence: definition and the seven gateways (s.101(1) Criminal Justice Act 2003)
- Procedure for admitting bad character evidence
- Court's powers to exclude bad character evidence
- Exclusion of evidence under s.78 PACE 1984
- Right to a fair trial
15. Trial Procedure in Magistrates' Court and Crown Court
- Stages of a criminal trial
- Submission of no case to answer
- Modes of address and courtroom etiquette
- Leading vs. non-leading questions
- Competence and compellability of witnesses
- Special measures for vulnerable witnesses
- Solicitor's duty to the court
- Role of judge and jury
16. Sentencing
- Role of sentencing guidelines
- Determining seriousness (aggravating and mitigating factors)
- Types of sentences: custodial, suspended, and community orders
- Concurrent and consecutive sentences
- Mitigation and plea in mitigation
- Newton hearings
- Ancillary orders (e.g., compensation, disqualification)
17. Appeals Procedure
- Appeals from the magistrates' court to Crown Court
- Procedure for appealing conviction and/or sentence
- Powers of the Crown Court on appeal
- Appeal to the High Court by way of case stated
- Appeals from the Crown Court to the Court of Appeal
- Grounds for appeal
- Procedure for making an appeal
- Powers of the Court of Appeal
