SQE Criminal Law and Practice 1 — Questions and Answers
Question 1: Under the Police and Criminal Evidence Act 1984, what is the maximum period a person can be detained without charge before a Superintendent's extension is required?
- 24 hours (Correct answer)
- 36 hours
- 48 hours
- 96 hours
Correct answer: 24 hours
PACE s.41 provides that detention without charge must not exceed 24 hours, after which a Superintendent must authorise a further period up to 36 hours.
Question 2: What is the mens rea required for murder under English law?
- Intention to kill or cause grievous bodily harm (Correct answer)
- Recklessness as to death
- Intention to kill only
- Gross negligence
Correct answer: Intention to kill or cause grievous bodily harm
Murder requires proof that the defendant intended either to kill or to cause grievous bodily harm, as confirmed in R v Moloney [1985].
Question 3: Which court deals with summary-only offences in England and Wales?
- Magistrates' Court (Correct answer)
- Crown Court
- County Court
- High Court
Correct answer: Magistrates' Court
Summary-only offences, such as most motoring offences, are tried exclusively in the Magistrates' Court before magistrates or a District Judge.
Question 4: What is the defence of 'loss of control' under the Coroners and Justice Act 2009?
- A partial defence to murder where the defendant lost self-control due to a qualifying trigger (Correct answer)
- A complete defence to all violent offences
- A defence requiring provocation by the victim only
- A defence available only to those with mental illness
Correct answer: A partial defence to murder where the defendant lost self-control due to a qualifying trigger
Loss of control under ss.54–56 CJA 2009 is a partial defence reducing murder to manslaughter, available when the defendant lost self-control triggered by fear of serious violence or circumstances of an extremely grave character.
Question 5: Under the Theft Act 1968, which element is NOT required to establish theft?
- Violence or threat (Correct answer)
- Appropriation
- Property belonging to another
- Dishonesty
Correct answer: Violence or threat
Theft under s.1 Theft Act 1968 requires appropriation of property belonging to another, dishonestly and with intent to permanently deprive — violence is not an element.
Question 6: What is a 'Newton hearing' in criminal proceedings?
- A hearing where the judge resolves factual disputes relevant to sentencing after a guilty plea (Correct answer)
- A preliminary hearing in the Crown Court
- A hearing to determine fitness to plead
- A bail review hearing
Correct answer: A hearing where the judge resolves factual disputes relevant to sentencing after a guilty plea
A Newton hearing takes place after a guilty plea where the prosecution and defence disagree on the factual basis, allowing the judge to determine the facts for sentencing purposes.
SQE Criminal Law and Practice 1
Under the Police and Criminal Evidence Act 1984, what is the maximum period a person can be detained without charge before a Superintendent's extension is required?