SQE2 Annex 1 - Functioning

Sep 26, 2026

Uploaded by Asher

The document outlines SQE2 Functioning requirements under Legal Knowledge for SQE2 Criminal Law and Practice. It covers advising clients at the police station, suspect detention and identification procedures under PACE 1984 (including Code C and Code D), and whether to answer questions, including rights to legal advice, silence, and adverse inferences. It further details criminal litigation processes including bail, magistrates’ and Crown Court hearings, plea, allocation, case management, disclosure, evidence admission/exclusion, sentencing, appeals, and youth court procedures, followed by criminal liability principles and specified offences.

LanguageEnglish

CategoryExam

FormatPDF

Pages34

Reading Time1 h 26 min

AccessFree to download

SQE2 Annex 1 – Functioning

Legal Knowledge for SQE2 Criminal Law and Practice (Criminal Litigation)

Advising clients at the police station

Bail applications and magistrates’ court first hearings

Plea before Venue and allocation between courts

Case management, pre-trial hearings, and disclosure

Evidence: admission, exclusion, and special topics

Trial procedure in magistrates’ court and Crown Court

Sentencing and Newton hearings

Appeals procedure

Youth court procedures and hearings

Criminal liability principles and specified offences

Dispute resolution and civil claim pathway

NOTE: this version shows the changes made following the 2026 annual review process. SQE2 Annex 1 – Functioning Legal Knowledge for SQE2 Criminal Law and Practice (Criminal Litigation) Advising clients, including vulnerable clients, about the procedure and processes at the police station Rights of a suspect being detained by the police for questioning: ● right to legal advice ● right to have someone informed of arrest ● reviews and detention time limits under PACE 1984, Code C. Identiﬁcation procedures: ● when an identiﬁcation procedure must be held ● diﬀerent types of identiﬁcation procedure ● procedure for carrying out an identiﬁcation procedure PACE 1984, Code D. Advising a client, including vulnerable clients, whether to answer police questions: ● right to silence ● adverse inferences. Procedure for interviewing a suspect under PACE 1984: ● role and appropriate conduct by defence legal representative/ solicitor ~~including representation of vulnerable client~~ ● role of appropriate adult and who can be an appropriate adult. ● requirements of a lawful interview under PACE 1984 Code C. The procedures and processes involved in criminal litigation Bail applications: ● the right to bail and exceptions ● conditional bail ● procedure for applying for and opposing bail ● further applications for bail ● appeals against decisions on bail ● absconding and breaches of bail. First hearings before the magistrates’ court: ● classiﬁcation of oﬀences ● applying for a representation order ● procedural overview – what will happen at the hearing ● the role of the defence solicitor at the hearing. Plea before Venue: ● procedure on defendant entering plea ● advising the client on trial venue. Allocation of business between magistrates' court and Crown Court: ● procedure ss. 19–20 and s. 22A Magistrates' Courts Act 1980 ● sending without allocation s. 50A and s. 51 Crime and Disorder Act 1998. Case management and pre-trial hearings: ● Magistrates' court case management directions ● Plea and Trial Preparation Hearing ● disclosure – prosecution, defence and unused material. Principles and procedures to admit and exclude evidence: ● ~~ burden and standard of proof~~ ● visual identiﬁcation evidence and Turnbull guideline~~ance~~ ● inferences from silence ss. 34, 35, 36, 37, 38 Criminal Justice and Public Order Act 1994 ● hearsay evidence: ● deﬁnition ● grounds for admitting hearsay evidence ● challenging admissibility ● confession evidence: ● deﬁnition ● admissibility ● challenging admissibility ss. 76 ~~and 78 ~~ PACE 1984 ● bad character evidence: ● deﬁnition of bad character ● the 7 gateways s. 101(1) Criminal Justice Act 2003 ● the 3 gateways s. 100(1) Criminal Justice Act 2003 ● ~~ procedure for admitting bad character evidence~~ ● court’s powers to exclude bad character evidence ● exclusion of evidence: ● scope and application of s. 78 PACE 1984 and the right to a fair trial. Trial procedure in magistrates’ court and Crown Court: ● burden and standards of proof ● stages of a criminal trial, including submission of no case to answer ● modes of address and Court room etiquette ● diﬀerence between leading and non-leading questions ● competence and compellability ● special measures ● relevance of defendant’s good character ● solicitor’s duty to the court. Sentencing: ● role of sentencing guidelines ● determining seriousness including aggravating and mitigating factors ● concurrent and consecutive sentences ● mitigation ● types of sentence: ● custodial sentences ● suspended sentences ● community orders ● Newton hearings: applicability and procedure. Appeals procedure: ● appeals from the magistrates’ court: ● procedure for appeal against conviction and/or sentence ● powers of the Crown Court ● appeal to the High Court by way of case stated ● appeals from the Crown Court: ● grounds of app

FAQs

What rights should be considered when advising a suspect detained by police for questioning?

The document lists the right to legal advice and the right to have someone informed of arrest, along with detention time limits and reviews under PACE 1984 and Code C.

How are identification procedures and interviewing handled under PACE 1984?

It covers when an identification procedure must be held, different types of procedure, and the carry-out procedure under PACE 1984 Code D. It also outlines requirements for a lawful interview under PACE 1984 Code C and the roles of the defence legal representative/solicitor and the appropriate adult.

What does the document cover regarding evidence and trial procedure?

It includes principles for admitting and excluding evidence, including visual identification, inferences from silence, hearsay evidence, confession evidence, and bad character evidence. It also describes trial stages in magistrates’ court and Crown Court, including submission of no case to answer, modes of address, competence and compellability, special measures, and the solicitor’s duty to the court.

Sep 26, 2026

Uploaded by Asher

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