SQE FLK2 Criminal Practice for SQE2 about:srcdoc
SQE FLK2 Criminal Practice for SQE2
1. Arrest and charge
2. Written charge and requisition (appear
What are the different ways of commencing
before court - available to relevant
criminal proceedings?
prosecutors - CPS)
3. Summons
• Alternative to arrest: compels
attendance before court to enter plea
What is a written charge and requisition? • Historically used by corporate bodies,
driving offences
• Majority now brought by CPS
1. statement of offence - described in
ordinary language
2. reference to statutory provision creating
What must be include in a written charge? the offence
3. sufficient particulars of conduct
complained of for accused to know what
is alleged
1. notice setting out when/where accused
is required to attend court
What must be included in a summons? 2. must identify the issuing court
3. specify each offence in respect of which
it has been issued
1. notice setting out when/where accused
is required to attend court
2. specify each offence in respect of which
What is required in a requisition?
it has been issued
3. must identify the person under whose
authority it was issued
What is the time limit for bringing a charge? No requirement
Unless: s.127(1) MC Act provides for summary
only offences, a MC shall not try an information
1 of 115 01/09/2025, 10:11
,SQE FLK2 Criminal Practice for SQE2 about:srcdoc
or hear a complaint unless information was laid
or complaint made within 6 months of date of
alleged offence
Must have reasonable grounds for doing so - it
must be necessary to arrest
What grounds must the police have to arrest
• prevent an imminent threat of crime
someone?
• prevent absconding of suspect
• secure and preserve evidence
District Judge (Judge); or
Panel of lay magistrates (3) - Sir, Madam, Your
Who presides over magistrates court? Worships
Arbiters of fact and law
• Max 6 months imprisonment for 1
summary only
Maximum sentence in Magistrates • Max 12 months for a single EW offence
• Max 12 months for 2+ offences
• Unlimited fines after 13 March 2015
• Crown Court Judge (arbiters of law)
Who presides over crown court?
• Jury (arbiters of fact)
1. Recorder (barristers and solicitors who
What are the three types of judges that sit in the sit part-time) - Your Honour
Crown Court? 2. Circuit Judges - Your Honour
3. High Court Judges - My Lord/Lady
• Lord Chief Justice + 2 HC judges
• Lord Justice of Appeal + 2 HC judges
What is the make-up of the Court of Appeal?
• 1 HC Judge and 1 specifically nominated
Senior Circuit Judge
Handles some Magistrates' court appeals
What is a Divisional Court?
When misinterpreted a point of law or evidence
What jurisdiction do magistrates have? • Preliminary matters during early stage
prosecution
• Summary offences / either way offences
• dealing with allocation procedure for
either way offence
• committing a defendant of either way
2 of 115 01/09/2025, 10:11
,SQE FLK2 Criminal Practice for SQE2 about:srcdoc
offence to crown court
• sending an either way offence to crown
court
• sending indictable only offence to crown
court
• issue warrants for arrest
• removal to a place of safety orders
• authorises seizure of property
• order to detain for more than 36 hours
1. indictable only
2. either way when MC declined
jurisdiction or when D has elected CC
3. either way or summary offences related
What cases does the crown court deal with? to another offence being heard by CC if
punishable by imprisonment/ and or
disqualification from driving
4. appeals against convictions and
sentence from MC
Stop and search
Arrest
Detention
What do PACE codes of practice broadly cover?
Investigation
Identification
Interviewing detainees
Requirements for the detention, treatment and
What is PACE Code C? questioning of suspects (not related to
terrorism) in custody
Code of practice for exercise by police of
What is PACE Code D?
statutory powers to identify persons
Audio recording of interviews with suspects in
What is PACE Code E?
police station
Arrested: if there's reasonable grounds to
suspect a person has been involved in the
commission of an offence (necessary)
When will a suspect be arrested and charged?
Charged: if CPS think there's a realistic prospect
of conviction and it's in the public interest to
prosecute
3 of 115 01/09/2025, 10:11
,SQE FLK2 Criminal Practice for SQE2 about:srcdoc
Constable
Sergeant
Inspector
Chief Inspector
What are the police officer ranks (low to high)? Superintendent
Chief Superintendent
Assistant Chief Constable
Deputy Chief Constable
Chief Constable
1. access to free legal advice, medical help,
interpreter
What are 5 suspect rights at the police station 2. notify someone of their arrest
under PACE 1984? 3. right to silence
4. informed of reason for arrest
5. information on detention time limits
1. access to free legal advice
2. access to free medical help and
interpreter
3. right to notify someone of their arrest
4. right to inspect police codes of practice
What rights does a suspect at a police station 5. right to silence
generally have? 6. right to be informed of reason of their
arrest
7. right to inspect documents relating to
there arrest and detention
8. right to information on detention time
limits
Who books the suspect in on arrival at the
The Custody Officer
police station?
• At least a sergeant
• Independent of the investigation
What is a custody officer?
• Responsible for the welfare of the
suspect in custody
What must a custody officer do on the arrival of Must make sure the suspect is told clearly about:
a suspect at the police station? 1. right to consult privately with a solicitor,
and their arrival
2. that free independent legal advice is
available
4 of 115
01/09/2025, 10:11
SQE FLK2 Criminal Practice for SQE2
1. Arrest and charge
2. Written charge and requisition (appear
What are the different ways of commencing
before court - available to relevant
criminal proceedings?
prosecutors - CPS)
3. Summons
• Alternative to arrest: compels
attendance before court to enter plea
What is a written charge and requisition? • Historically used by corporate bodies,
driving offences
• Majority now brought by CPS
1. statement of offence - described in
ordinary language
2. reference to statutory provision creating
What must be include in a written charge? the offence
3. sufficient particulars of conduct
complained of for accused to know what
is alleged
1. notice setting out when/where accused
is required to attend court
What must be included in a summons? 2. must identify the issuing court
3. specify each offence in respect of which
it has been issued
1. notice setting out when/where accused
is required to attend court
2. specify each offence in respect of which
What is required in a requisition?
it has been issued
3. must identify the person under whose
authority it was issued
What is the time limit for bringing a charge? No requirement
Unless: s.127(1) MC Act provides for summary
only offences, a MC shall not try an information
1 of 115 01/09/2025, 10:11
,SQE FLK2 Criminal Practice for SQE2 about:srcdoc
or hear a complaint unless information was laid
or complaint made within 6 months of date of
alleged offence
Must have reasonable grounds for doing so - it
must be necessary to arrest
What grounds must the police have to arrest
• prevent an imminent threat of crime
someone?
• prevent absconding of suspect
• secure and preserve evidence
District Judge (Judge); or
Panel of lay magistrates (3) - Sir, Madam, Your
Who presides over magistrates court? Worships
Arbiters of fact and law
• Max 6 months imprisonment for 1
summary only
Maximum sentence in Magistrates • Max 12 months for a single EW offence
• Max 12 months for 2+ offences
• Unlimited fines after 13 March 2015
• Crown Court Judge (arbiters of law)
Who presides over crown court?
• Jury (arbiters of fact)
1. Recorder (barristers and solicitors who
What are the three types of judges that sit in the sit part-time) - Your Honour
Crown Court? 2. Circuit Judges - Your Honour
3. High Court Judges - My Lord/Lady
• Lord Chief Justice + 2 HC judges
• Lord Justice of Appeal + 2 HC judges
What is the make-up of the Court of Appeal?
• 1 HC Judge and 1 specifically nominated
Senior Circuit Judge
Handles some Magistrates' court appeals
What is a Divisional Court?
When misinterpreted a point of law or evidence
What jurisdiction do magistrates have? • Preliminary matters during early stage
prosecution
• Summary offences / either way offences
• dealing with allocation procedure for
either way offence
• committing a defendant of either way
2 of 115 01/09/2025, 10:11
,SQE FLK2 Criminal Practice for SQE2 about:srcdoc
offence to crown court
• sending an either way offence to crown
court
• sending indictable only offence to crown
court
• issue warrants for arrest
• removal to a place of safety orders
• authorises seizure of property
• order to detain for more than 36 hours
1. indictable only
2. either way when MC declined
jurisdiction or when D has elected CC
3. either way or summary offences related
What cases does the crown court deal with? to another offence being heard by CC if
punishable by imprisonment/ and or
disqualification from driving
4. appeals against convictions and
sentence from MC
Stop and search
Arrest
Detention
What do PACE codes of practice broadly cover?
Investigation
Identification
Interviewing detainees
Requirements for the detention, treatment and
What is PACE Code C? questioning of suspects (not related to
terrorism) in custody
Code of practice for exercise by police of
What is PACE Code D?
statutory powers to identify persons
Audio recording of interviews with suspects in
What is PACE Code E?
police station
Arrested: if there's reasonable grounds to
suspect a person has been involved in the
commission of an offence (necessary)
When will a suspect be arrested and charged?
Charged: if CPS think there's a realistic prospect
of conviction and it's in the public interest to
prosecute
3 of 115 01/09/2025, 10:11
,SQE FLK2 Criminal Practice for SQE2 about:srcdoc
Constable
Sergeant
Inspector
Chief Inspector
What are the police officer ranks (low to high)? Superintendent
Chief Superintendent
Assistant Chief Constable
Deputy Chief Constable
Chief Constable
1. access to free legal advice, medical help,
interpreter
What are 5 suspect rights at the police station 2. notify someone of their arrest
under PACE 1984? 3. right to silence
4. informed of reason for arrest
5. information on detention time limits
1. access to free legal advice
2. access to free medical help and
interpreter
3. right to notify someone of their arrest
4. right to inspect police codes of practice
What rights does a suspect at a police station 5. right to silence
generally have? 6. right to be informed of reason of their
arrest
7. right to inspect documents relating to
there arrest and detention
8. right to information on detention time
limits
Who books the suspect in on arrival at the
The Custody Officer
police station?
• At least a sergeant
• Independent of the investigation
What is a custody officer?
• Responsible for the welfare of the
suspect in custody
What must a custody officer do on the arrival of Must make sure the suspect is told clearly about:
a suspect at the police station? 1. right to consult privately with a solicitor,
and their arrival
2. that free independent legal advice is
available
4 of 115
01/09/2025, 10:11
