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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. What is the defence of 'diminished responsibility' under the Homicide Act 1957 as amended?

    Answer: A partial defence to murder requiring an abnormality of mental functioning from a recognised medical condition that substantially impaired the defendant's responsibility

    Section 2 Homicide Act 1957 (as amended by the CJA 2009) provides a partial defence to murder where an abnormality of mental functioning arising from a recognised medical condition substantially impaired the defendant's ability to understand, form a rational judgment, or exercise self-control.

  2. Under the Bail Act 1976, what is the general right for a defendant charged with a criminal offence?

    Answer: A presumption in favour of bail unless statutory grounds for refusing bail exist

    Section 4 Bail Act 1976 creates a general right to bail, rebuttable only if the prosecution can satisfy the court that statutory grounds (such as risk of absconding, offending, or obstructing justice) apply.

  3. What is 'actus reus' in criminal law?

    Answer: The guilty act or physical element of a criminal offence

    Actus reus refers to the external, physical conduct element of a crime — the forbidden act, omission, or state of affairs that must be proved alongside the mental element.

  4. What is the effect of a defendant raising the defence of self-defence in a criminal trial?

    Answer: The prosecution must disprove self-defence beyond reasonable doubt

    Once self-defence is raised, the burden remains on the prosecution to disprove it beyond reasonable doubt — the defendant does not have to prove the defence.

  5. Which body is responsible for prosecution policy and decisions to prosecute in England and Wales?

    Answer: Crown Prosecution Service (CPS)

    The CPS, headed by the Director of Public Prosecutions, applies the Full Code Test to decide whether to charge and prosecute criminal cases in England and Wales.

  6. What are the two limbs of the Full Code Test applied by the CPS when deciding to charge?

    Answer: Evidential sufficiency and public interest

    The Full Code Test requires first that the evidence is sufficient to provide a realistic prospect of conviction, and second that prosecution is in the public interest.