SQE1 · FLK2
Criminal Practice
PACE, procedure, sentencing, appeals.
PACE 1984, advice at the police station, magistrates and Crown Court procedure, sentencing and appeals.
Criminal Practice in SQE1 FLK2
Criminal Practice is the procedural partner to Criminal Law: how a case moves from the police station through the courts to sentence and appeal. It is sequence- and rule-driven, so the marks reward knowing the safeguards, the allocation rules and the key evidential thresholds.
What’s tested
- Advice and safeguards at the police station under PACE 1984 and the Codes of Practice
- The right to silence and the drawing of adverse inferences
- Bail: the right to bail, the exceptions, and conditions
- Classification of offences (summary, either-way and indictable) and allocation of either-way offences
- Procedure in the magistrates' court and the Crown Court, including plea and trial preparation
- Key evidential rules: the admissibility of confessions, bad character and hearsay
- Sentencing: the sentencing framework, aggravating and mitigating factors and types of sentence
- Appeals from the magistrates' court and from the Crown Court
Key statutes and rules
- Police and Criminal Evidence Act 1984 — police powers and the safeguards for suspects
- Bail Act 1976 — the right to bail and the exceptions
- Criminal Justice Act 2003 — bad character, hearsay and sentencing
- Magistrates' Courts Act 1980 — allocation and procedure in the magistrates' court
Common SBAQ traps
- Confusing the allocation procedure for either-way offences with the trial procedure itself
- Assuming a confession is always admissible, ignoring the exclusion routes in ss.76 and 78 PACE
- Mixing up the appeal routes from the magistrates' court with those from the Crown Court
How to revise Criminal Practice for FLK2
Map the case as a flow — police station, first hearing, allocation, trial, sentence, appeal — and attach the governing rule and safeguard to each stage. Practise MCQs on allocation and on the admissibility of confessions and bad character, which are the recurring high-yield topics.
Go deeper
Free revision notes — Criminal Practice
Criminal Practice in FLK2 covers the procedural law of the English criminal justice system: PACE 1984 powers, pre-charge detention, court procedure in magistrates' and Crown Courts, sentencing, and appeals. Questions test specific procedural rules, detention time limits, and sentencing ranges.
PACE and police powers
Police and Criminal Evidence Act 1984 and its Codes of Practice govern stop and search, arrest, detention, and questioning. Stop and search: s.1 PACE — must be in a public place; constable must have reasonable grounds to suspect stolen or prohibited articles. Arrest: s.24 PACE (as amended by SOCAP 2005) — constable may arrest without warrant where there are reasonable grounds to suspect an offence and the necessity criteria are met (Code G). Detention: initial period 24 hours; superintendent can authorise further 12 hours to 36 hours; magistrates can grant up to 96 hours for indictable offences. Custody officer must carry out a review at 6 and 15 hours and then every 9 hours.
Charging and classification of offences
Summary offences: tried in magistrates' court only (e.g. s.5 POIA 1986, most motoring offences). Indictable-only offences: tried in Crown Court only (e.g. murder, rape, robbery). Either-way offences: can be tried in either court — allocation hearing in magistrates' court; if magistrates accept jurisdiction, defendant can elect Crown Court trial. Key either-way offences: theft, ABH, s.20 GBH, fraud, criminal damage above £5,000. The Magistrates' Court Act 1980 and Criminal Procedure Rules 2020 govern procedure. Sending for trial: indictable-only offences sent directly to Crown Court under s.51 CDA 1998.
Guilty pleas, Newton hearings, and sentencing
A guilty plea at the first reasonable opportunity attracts maximum credit (one-third reduction in custodial sentence under Sentencing Act 2020 s.73). The Sentencing Council produces definitive guidelines for each offence type — courts must follow them unless departure is justified. The sentencing framework (Sentencing Act 2020): seriousness = culpability + harm. Custodial sentences: only if the offence is so serious that neither a community sentence nor a fine can be justified. Threshold for custody in either-way offences heard by magistrates: 6 months (increased to 12 months under Judicial Review and Courts Act 2022, subject to commencement). Newton hearings: if the defendant's basis of plea is not accepted by the prosecution, the court may hold a Newton hearing to determine disputed facts.
Appeals
From magistrates' court: appeal against conviction/sentence to Crown Court (rehearing); appeal on a point of law to King's Bench Divisional Court by way of case stated; judicial review (if magistrates acted outside jurisdiction). From Crown Court: appeal against conviction or sentence to Court of Appeal (Criminal Division) with leave; grounds of appeal include 'unsafe conviction'. From Court of Appeal: appeal to UK Supreme Court on a certified point of law of general public importance (with leave from either the Court of Appeal or Supreme Court). The Criminal Cases Review Commission (CCRC) refers convictions to the Court of Appeal where there is a real possibility the conviction or sentence would not be upheld.
Common pitfalls
- Getting the maximum detention periods wrong: 24 hours initial; superintendent extends to 36 hours; magistrates extend to 96 hours — these are cumulative limits.
- Forgetting that guilty plea credit of one-third only applies where the plea was at the first reasonable opportunity — delay reduces the discount.
- Confusing the routes of appeal: Crown Court hears appeals from magistrates by way of rehearing; the KBD Divisional Court hears appeals from magistrates by way of case stated.
- Overlooking either-way offence allocation: even if magistrates accept jurisdiction, the defendant can elect Crown Court trial — this happens at the allocation hearing.
Exam tip
For criminal procedure questions, first classify the offence (summary, either-way, indictable-only) — this determines the court and the procedure. Then identify the procedural stage the question is testing.
Bank size: 77 questions. We grow the bank weekly.
Criminal Practice — frequently asked questions
What's tested in SQE1 Criminal Practice?
Criminal Practice (FLK2) covers the procedure of a criminal case: advice and safeguards at the police station under the Police and Criminal Evidence Act 1984, the right to silence and adverse inferences, bail, the allocation of either-way offences and the classification of offences, procedure in the magistrates' court and the Crown Court, key evidential rules (such as confessions, bad character and hearsay), sentencing, and appeals.
Is SQE1 Criminal Practice multiple choice?
Yes. Like the rest of SQE1, Criminal Practice is assessed through single-best-answer questions: a client-based scenario followed by five options (A–E) from which you pick the single best answer. There is no negative marking, so it is always worth attempting every question.