SQE1 Criminal Practice: Complete Guide
Explore This Topic
- Appeals in Criminal Cases
- Bail
- Evidence in Criminal Proceedings
- Mode of Trial
- Police Powers and Detention
- Police Station Procedure and Interviews
- Pre Trial Procedure
- Sentencing
- Trial Procedure in Criminal Cases
- Youth Court
What Is Criminal Practice?
Most SQE1 candidates lose marks on Criminal Practice because they memorise time limits in isolation rather than understanding which stage of the process each limit applies to — a mistake that examiners deliberately test. Criminal Practice covers the rules and procedures that govern criminal proceedings in England and Wales. It examines how suspects are investigated and detained (covered in police powers), the rights of the accused at the police station, the classification of offences and how mode of trial is determined, the procedures for bail and remand, the conduct of trials in both the Magistrates' Court and Crown Court, sentencing powers and guidelines, and the routes of appeal.
Within SQE1, this subject tests whether you can advise a client at each stage of the criminal process. The exam places you in the role of a solicitor and asks you to identify the correct procedural step, the applicable time limit, or the client's rights in a given situation. Because the rules are largely statutory — principally PACE 1984, the Bail Act 1976, the Criminal Justice Act 2003 and the Sentencing Act 2020 — precision with statutory detail is essential.
Core Areas Tested in SQE1
The core areas for this topic are covered in the subtopic guides listed in Explore This Topic above.
Key Principles for SQE1
Police Powers of Investigation
The powers of the police to stop and search (under PACE 1984 and the Misuse of Drugs Act 1971), to arrest, to search premises and to seize evidence. You must understand the statutory conditions and safeguards that apply at each stage, including the requirements for reasonable grounds and the rules governing the use of warrants.
Detention and Treatment at the Police Station
The rights of a suspect in custody under PACE 1984 and the Codes of Practice — including the right to legal advice, the right to have someone informed of the arrest, the time limits for detention (24 hours, extendable to 36 or 96 hours in certain circumstances), and the role of the custody officer. You should also understand the rules on interviews, cautions and the treatment of vulnerable suspects.
Bail
The presumption in favour of bail under the Bail Act 1976, the grounds on which bail may be refused, and the conditions that may be attached to a grant of bail. You need to know the distinction between police bail and court bail, the rules on bail for different categories of offence, and the consequences of a defendant failing to surrender.
Mode of Trial and Classification of Offences
Criminal offences are classified as summary only, either-way or indictable only. For either-way offences, you must understand the allocation procedure — including the plea before venue hearing, the allocation guidelines and the defendant's right to elect Crown Court trial. Questions frequently test whether you can identify the correct classification and the procedure that follows.
Pre-Trial Procedure
The steps between charge and trial, including case management directions, disclosure obligations under the Criminal Procedure and Investigations Act 1996 (initial disclosure by the prosecution and defence statements), and the rules on plea and trial preparation hearings in the Crown Court.
Trial Procedure
The conduct of trials in both the Magistrates' Court and Crown Court, including the burden and standard of proof, the rules on admissibility of evidence (particularly bad character evidence and hearsay under the Criminal Justice Act 2003), submissions of no case to answer, and the role of the jury. You should understand the key procedural differences between summary trial and trial on indictment.
Sentencing
The purposes of sentencing under the Sentencing Act 2020, the types of sentence available (custodial, community and financial), the sentencing guidelines and the aggravating and mitigating factors the court must consider. You need to understand when a custodial sentence must be imposed and the rules on credit for time spent on remand and for guilty pleas.
Appeals
The routes of appeal from the Magistrates' Court (appeal to the Crown Court and appeal by way of case stated to the High Court) and from the Crown Court (appeal to the Court of Appeal Criminal Division). You should understand the grounds for appeal, the time limits and the powers of each appellate court.
Exam tip
SQE1 Criminal Practice questions test precision: the correct answer describes the exact procedure, time limit, court, and statutory authority needed at that stage. When you see a detention scenario, calculate the 'relevant time' precisely (usually arrival at the station), then apply the correct extensions (24 → 36 → 96 hours and who authorises each). For bail, start with the presumption in favour of release and apply the correct grounds for refusal based on offence type. For mode of trial, classify the offence first (summary/either-way/indictable-only), then apply the allocation procedure. For trial procedure, know who speaks last in each court (Crown Court: defence always last; Magistrates' Court: prosecution may speak last if defence called evidence). These systematic patterns determine exam success.
How This Appears in SQE1 Questions
Criminal Practice is assessed as part of FLK1. Examiners test precision relentlessly — the correct answer requires identifying the exact procedure, time limit, and authority. Questions use the single-best-answer format with five options (A–E). Scenarios place you in the role of a solicitor advising a client — typically a suspect at the police station, a defendant facing a mode of trial decision, or a convicted person considering an appeal — and ask you to identify the correct procedural step, the applicable right, or the appropriate advice.
Distractors are designed to test precision. A common pattern is to present answer options that describe a step from the correct area of procedure but apply the wrong time limit, the wrong court or the wrong statutory provision. Other distractors may confuse the rules for summary offences with those for indictable offences, or misstate the grounds on which bail may be refused.
The Procedural Journey Through Criminal Justice
Want to test this now? Try a few SQE1-style questions below before moving on.
Common Mistakes Students Make
- Remembering PACE time limits and detention rules: The rules on detention time limits — 24 hours as the default, extendable to 36 hours with superintendent authorisation and to 96 hours with a warrant of further detention — involve precise statutory thresholds that candidates frequently confuse or misremember.
- Distinguishing between offence classifications: Correctly classifying an offence as summary only, either-way or indictable only is the starting point for many questions. Candidates who are unsure of the classification often cannot identify the correct mode of trial procedure or sentencing powers.
- Navigating bail provisions: The presumption in favour of bail, the exceptions to that presumption, and the conditions that may be imposed form a layered framework. Candidates often struggle to determine the correct ground for refusing bail, particularly where multiple grounds appear arguable.
- Applying the correct appeal route: The appeal routes differ depending on the court of conviction and whether the appeal concerns conviction, sentence or a point of law. Candidates who learn the routes in isolation sometimes select the wrong appellate court or confuse the applicable grounds.
Quick Summary
Criminal Practice tests your ability to advise clients at each stage of the criminal process. Success depends on systematic knowledge of:
- PACE 1984 detention time limits (24/36/96 hours) and who authorises each extension
- Bail presumptions and grounds for refusal under the Bail Act 1976
- Offence classifications (summary only, either-way, indictable only) and allocation procedures
- Trial procedure in Magistrates' Court and Crown Court, including evidence rules
- Sentencing powers, guidelines and credit for time served and guilty pleas
- Appeal routes from different courts and applicable grounds
Test Yourself
Test yourself
Quick check questions based on this article.
Question 1
Scenario
A defendant was convicted of harassment in the magistrates' court. The magistrates found that the defendant had engaged in a course of conduct amounting to harassment of his neighbour over a period of six months. The defendant was sentenced to a fine of £800 and a restraining order was imposed. The defendant wishes to appeal against both his conviction and his sentence. His solicitor has explained that there are two possible appeal routes available from the magistrates' court. The defendant disputes the magistrates' factual findings and argues that the incidents described by the complainant were exaggerated. The defendant's main concern is that the magistrates gave too much weight to the complainant's evidence and not enough weight to the defence witnesses. The solicitor has advised that one appeal route would allow all the evidence to be heard again. The defendant originally attended the trial without legal representation but instructed his current solicitor afterwards. The complainant had also reported the incidents to the local council's anti-social behaviour team. The defendant was required to pay the fine within 28 days of the sentencing hearing.
Which of the following correctly describes the nature of an appeal to the Crown Court from the magistrates' court?
Question 2
Scenario
A defendant was convicted of dangerous driving in the Crown Court and sentenced to two years' imprisonment with a four-year driving disqualification. The defendant's counsel advised that there were grounds for appealing against sentence because the judge departed from the sentencing guidelines without giving adequate reasons. The defendant filed a notice of appeal within 28 days. The single judge considered the papers and refused leave to appeal against sentence, stating that the sentence was within the judge's discretion. The defendant now wishes to renew the application for leave to appeal to the full Court of Appeal. The defendant's solicitor has warned that if the full Court of Appeal also refuses leave, the court may direct that time spent in custody after filing the notice of appeal should not count towards the sentence. The defendant has now been in custody for six weeks since filing the notice of appeal. The defendant is concerned about the potential consequences of renewing the application. The sentencing guidelines for this category of dangerous driving indicate a range of one to three years' custody. The defendant had a clean driving record before this offence and had been employed as a lorry driver for 15 years. The defendant's employer has confirmed that his position will be held open if he is released within the next six months.
What is the effect of a direction that time spent in custody shall not count towards the defendant's sentence?
Question 3
Scenario
A solicitor represents a defendant who was convicted of burglary in the Crown Court. The defendant wishes to appeal against conviction. The solicitor has identified potential grounds for appeal relating to a misdirection by the trial judge on the element of trespass. While preparing the grounds of appeal, the defendant tells the solicitor that during the trial, his barrister failed to call a key alibi witness because the barrister forgot to arrange for the witness to attend court. The defendant wants the solicitor to include a ground of appeal based on the incompetence of trial counsel. The barrister who represented the defendant at trial is a member of the same chambers as the barrister the solicitor intends to instruct for the appeal. The solicitor's firm has a longstanding professional relationship with these chambers. The solicitor is concerned that raising the competence of trial counsel as a ground of appeal may damage the firm's relationship with the chambers. The defendant has asked the solicitor to pursue all available grounds of appeal. The solicitor has confirmed that the misdirection ground alone may not be sufficient to succeed on appeal. The alibi witness has provided a written statement confirming his availability and the substance of his evidence.
What should the solicitor do regarding the ground of appeal based on trial counsel's incompetence?
Practice with full exam-style questions
Practise Criminal Practice Questions for SQE1
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