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Criminal Law and Practice Flashcards

6 cards from real SQE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 Criminal Law and Practice flashcards as text

  1. Under the Criminal Procedure Rules, what is the overriding objective?

    Answer: That criminal cases be dealt with justly

    CrimPR r.1.1 states the overriding objective is that criminal cases be dealt with justly, balancing the interests of defendants, victims, and the public.

  2. What is the significance of a 'caution' given by police to a suspect before questioning under PACE Code C?

    Answer: It informs the suspect of the right to silence and that silence may be used in court

    The PACE caution warns the suspect: 'You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court...'

  3. Which Act governs the admissibility of bad character evidence in criminal proceedings?

    Answer: Criminal Justice Act 2003

    The Criminal Justice Act 2003 (ss.98–113) replaced the old common law rules and sets out the gateways through which bad character evidence of defendants and non-defendants may be admitted.

  4. What is the test for dishonesty following the Supreme Court decision in Ivey v Genting Casinos [2017]?

    Answer: Whether the defendant's conduct was dishonest by the standards of ordinary, reasonable, and honest people

    Ivey established a single objective test: a court first ascertains the defendant's actual state of knowledge, then asks whether their conduct was dishonest by the standards of ordinary honest people.

  5. What is the maximum sentence the Magistrates' Court can impose for a single either-way offence?

    Answer: 12 months' imprisonment

    Following the Judicial Review and Courts Act 2022, the Magistrates' Court can now impose up to 12 months' imprisonment for a single either-way offence.

  6. Under the Sentencing Code, what does the 'totality principle' require when sentencing for multiple offences?

    Answer: That the overall sentence reflects the totality of offending and is just and proportionate

    The totality principle requires the sentencer to step back and ensure the total sentence, whether consecutive or concurrent, is just and proportionate to the overall criminality.