Criminal Law and Practice (CRL): essential SQE1 knowledgeCriminal Law and Practice is examined in FLK2 and represents 14–20% of the 180-question paper, approximately 25–36 questions. It is separate fr…
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Overview
Criminal Law and Practice (CRL): essential SQE1 knowledge
Criminal Law and Practice is examined in FLK2 and represents 14–20% of the 180-question paper, approximately 25–36 questions. It is separate from Criminal Liability, which has its own 14–20% allocation and covers the substantive offences, actus reus, mens rea, participation and defences. Ethics and professional conduct are examined throughout. Official SQE1 blueprint
Criminal Law and Practice follows the procedural journey:
Police station
Bail and first appearance
Plea and venue
Case management and disclosure
Evidence
Trial
Sentencing
Appeals
Youth court
1. Police powers and detention
Candidates should understand the framework under:
Police and Criminal Evidence Act 1984
PACE Code C
PACE Code D
Criminal Justice and Public Order Act 1994
Criminal Procedure Rules
The central SQE question is usually whether police procedure was lawful and what advice the defence solicitor should give.
2. Arrest
A lawful arrest normally requires:
Statutory power of arrest
Reasonable grounds for suspecting involvement in an offence
Reasonable grounds for believing arrest is necessary
Communication of the fact and grounds of arrest
Necessity grounds may include:
Establishing identity or address
Preventing injury or damage
Protecting a child or vulnerable person
Allowing prompt and effective investigation
Preventing disappearance
An arrest may be unlawful if necessity is not established even though suspicion was reasonable.
3. Arrival at the police station
The custody officer decides whether detention should be authorised.
Detention is generally justified where necessary to:
Secure or preserve evidence
Obtain evidence through questioning
Complete a lawful investigative process
The custody officer must:
Open and maintain the custody record
Explain the detainee’s rights
Assess vulnerability
Arrange medical assistance where needed
Conduct or arrange detention reviews
Ensure Code C compliance
4. Rights of a detained suspect
A detainee generally has the right to:
Consult a solicitor privately
Have someone informed of the arrest
Consult the PACE Codes
Receive written notice of rights
Interpretation and translation where necessary
Medical attention
Appropriate adult assistance where required
Adequate rest, food and toilet facilities
These rights may be delayed only under restricted statutory conditions.
5. Right to legal advice
Legal advice at the police station is generally:
Free
Independent of means
Available in person or by telephone
Confidential
A suspect may:
Request a named solicitor
Use the duty solicitor
Change their mind after initially declining advice
The police should ordinarily not interview a suspect who has requested legal advice until advice has been received, subject to narrow exceptions.
6. Delay to legal advice
Access to legal advice may be delayed only in limited circumstances, commonly involving:
An indictable offence
Authorisation at the required senior level
Reasonable grounds for believing access would cause specified serious consequences
A delay is not justified merely because:
The investigation is urgent
The solicitor may advise silence
Police believe the suspect is guilty
Waiting would be inconvenient
The delay concerns timing, not permanent denial.
7. Having someone informed
A detainee may ordinarily have a friend, relative or other person informed of the arrest.
Delay is permitted only under limited statutory conditions.
Distinguish:
Right to legal advice
Right to have someone informed
Disclosure of confidential information
Police contact with witnesses
Each has separate legal tests.
8. Detention time limits
The basic PACE structure for an adult suspect is:
Up to 24 hours from the relevant time under ordinary police authority
Extension to 36 hours for an indictable offence with appropriate superintendent authorisation
Magistrates’ court warrant allowing further detention
Overall maximum generally 96 hours without charge for ordinary offences
Different legislation applies to terrorism.
Candidates must calculate time from the statutory relevant time, not automatically from the start of the interview.
9. Reviews of detention
Detention must be reviewed periodically by an appropriate review officer.
Broadly:
First review no later than six hours after detention is initially authorised
Subsequent reviews at intervals no longer than nine hours
The review considers whether continued detention remains necessary.
The detainee and legal representative should generally have an opportunity to make representations.
10. Vulnerable suspects and appropriate adults
An appropriate adult is required for:
Juveniles
Mentally vulnerable suspects
Mentally disordered suspects where the Code applies
The appropriate adult’s role includes:
Supporting and assisting the suspect
Helping communication
Observing fairness
Ensuring the suspect understands their rights
Intervening where appropriate
The appropriate adult is not:
The suspect’s legal adviser
Automatically a witness for the defence
Merely a passive observer
A solicitor and appropriate adult perform different roles.
11. Who may act as appropriate adult?
For a juvenile, possibilities include:
Parent or guardian
Social worker
Another responsible adult who is independent of the police
For a vulnerable adult:
Relative, guardian or carer
Person experienced in dealing with vulnerable people
Another responsible independent adult
A person involved in the offence, victim, police officer or person with a serious conflict should not ordinarily act.
12. Lawful police interview
A lawful interview should comply with PACE Code C, including:
Proper caution
Suitable interview conditions
Recording requirements
Respect for legal advice
Appropriate adult where required
Interpretation where required
Adequate breaks
No oppression
No improper inducement
Accurate recording
Opportunity to clarify relevant matters
From 1 September 2026, the requirements of a lawful interview under Code C are expressly identified in the specification.
13. The caution
The suspect must ordinarily be cautioned before questions about suspected offending where answers or silence may be given in evidence.
Candidates should understand:
Purpose of the caution
Right to silence
Possibility of adverse inferences
Need to ensure understanding
Additional explanation for vulnerable suspects
Failure to caution does not automatically exclude all evidence, but it may affect admissibility and fairness.
14. Solicitor’s role at interview
The solicitor should:
Protect the client’s legal rights
Clarify the allegation and disclosure
Advise on interview strategy
Observe police conduct
Intervene where questioning is improper
Request clarification or breaks where necessary
Ensure instructions remain confidential
Avoid obstructing proper questioning
Intervention is justified where:
Questions are oppressive or repetitive
Police misstate the law
The client is confused
A break is needed
New material requires advice
The appropriate adult is not functioning properly
15. Disclosure before interview
The police should provide sufficient information to enable the solicitor and client to understand:
Nature of suspected offence
Why the client is suspected
Significant evidence
Proposed topics of questioning
The police need not disclose the entire prosecution case before interview.
The solicitor should evaluate:
Strength of evidence
Gaps
Reliability
Possible innocent explanation
Risk of adverse inference
Whether further disclosure is needed
16. Interview advice
The principal options are:
Answer questions
Give a prepared statement and then answer
Give a prepared statement followed by no comment
Make no comment throughout
Advice depends on:
Strength and extent of disclosure
Client’s instructions
Reliability of the client
Need to put forward an explanation
Risk of self-incrimination
Risk of adverse inference
Client’s mental or physical condition
Whether police questioning is proper
A blanket no-comment policy is not appropriate in every case.
17. Right to silence
A suspect has a right not to answer police questions.
However, adverse inferences may arise in specified circumstances under sections 34–38 Criminal Justice and Public Order Act 1994.
The prosecution cannot obtain a conviction solely from silence. There must be a case requiring an answer.
18. Section 34 adverse inference
An inference may arise where the defendant later relies at trial on a fact that:
They failed to mention when questioned under caution or charged
They could reasonably have been expected to mention at the time
Relevant considerations include:
Disclosure provided
Legal advice
Vulnerability
Physical and mental condition
Genuine reason for silence
Whether the fact was within the defendant’s knowledge
Following legal advice to remain silent does not automatically prevent an inference.
19. Other adverse inferences
Candidates should recognise:
Section 35: failure to testify at trial
Section 36: failure to account for objects, substances or marks
Section 37: failure to account for presence at a particular place
Section 38: restrictions on conviction based solely on inference
The statutory warnings and conditions must be satisfied.
20. Identification procedures
PACE Code D governs identification.
A formal procedure may be required where:
An eyewitness claims to identify the suspect
The suspect disputes being the person seen
Identification is important to the case
A procedure is practicable and useful
The preferred procedure is generally video identification.
Other procedures include:
Identification parade
Group identification
Confrontation as a last resort
21. Identification safeguards
Candidates should know:
Suspect’s right to legal advice
Notice of procedure
Right to object to images or participants
Need for similar general appearance
Recording of objections
Role of the identification officer
Separation from investigating officers
Consequences of breach
In the attached official sample paper, a video procedure using insufficiently similar comparators may breach Code D. The resulting evidence is not automatically excluded, but the court may exclude it under section 78 PACE where admission would adversely affect fairness.
22. Bail before charge
Police may:
Release without bail
Release on pre-charge bail
Keep the suspect in custody where lawful
Release while investigation continues
Pre-charge bail may carry conditions where lawful and necessary.
Candidates should distinguish:
Police bail
Court bail
Release under investigation
Bail after charge
23. Right to court bail
Under the Bail Act 1976, there is a general right to bail, subject to statutory exceptions.
Common grounds for refusing bail include substantial grounds for believing the defendant would:
Fail to surrender
Commit an offence on bail
Interfere with witnesses
Obstruct justice
Other grounds may include:
Defendant’s own protection
Insufficient information
Need for a report
Previous failure to surrender
Particular restrictions for serious offences
24. Factors in bail decisions
The court may consider:
Nature and seriousness of offence
Probable sentence
Strength of evidence
Character and antecedents
Community ties
Previous bail record
Risk to witnesses
Risk of reoffending
Defendant’s circumstances
The prosecution should identify the specific exception relied upon rather than arguing generally that detention is preferable.
25. Bail conditions
Conditions must be necessary and proportionate to address an identified risk.
Examples include:
Residence
Reporting to police
Curfew
Electronic monitoring
Surety
Security
Non-contact
Exclusion zone
Surrender of passport
The defence solicitor should propose conditions targeted to the prosecution’s concerns.
26. Breach of bail and failure to surrender
Breach of condition
Breach of a bail condition is not generally a separate criminal offence by itself. However:
Police may arrest without warrant
Defendant may be brought before the court
Bail may be reconsidered
Conditions may be varied
Bail may be revoked
Failure to surrender
Failure to surrender without reasonable cause is a criminal offence.
The attached official sample questions directly test the distinction between breaching a condition and committing the offence of failing to surrender.
27. Further bail applications and appeals
After refusal:
A further application may be made in the magistrates’ court, particularly where circumstances or arguments change
A defendant may seek bail from the Crown Court where the statutory route applies
Procedural requirements and certificates must be followed
Repeating an identical application without new grounds may be restricted
The solicitor should identify new information, proposed conditions or errors in the earlier decision.
28. Classification of offences
Candidates must distinguish:
Classification
Trial venue
Summary-only
Magistrates’ court
Either-way
Magistrates’ court or Crown Court
Indictable-only
Crown Court
Classification determines:
First-hearing procedure
Plea process
Allocation
Sentencing powers
Legal aid and case preparation
29. First hearing
At the first magistrates’ court hearing, matters may include:
Identification of defendant
Charge
Legal representation
Bail
Plea
Mode of trial
Sending to Crown Court
Case-management directions
Legal-aid application
The defence solicitor should:
Confirm instructions
Check prosecution material
Advise on plea and venue
Address bail
Preserve credit for guilty plea
Identify disclosure or case-management issues
30. Criminal legal aid
From 1 September 2026, criminal legal aid is expressly treated within Criminal Law and Practice rather than FLK1 Legal Services.
Candidates should understand:
Free police-station advice
Duty-solicitor scheme
Representation orders
Interests-of-justice test
Means assessment
Contributions in applicable Crown Court cases
Consequences of acquittal or conviction
Police-station advice is generally not means-tested.
Court representation generally requires satisfaction of applicable merits and financial rules.
31. Interests-of-justice test
Relevant factors include whether the defendant is likely to:
Lose liberty
Lose livelihood
Suffer serious damage to reputation
Face a substantial question of law
Be unable to understand or present the case
Need witnesses traced or cross-examined
Require representation because another person’s interests conflict
Face proceedings involving significant complexity
The test is broader than whether imprisonment is inevitable.
32. Guilty plea and credit
Candidates should understand:
Credit is greatest for a guilty plea at the first stage of proceedings
Credit generally reduces as the case progresses
Advice should consider strength of evidence and instructions
A defendant must not plead guilty merely to obtain a discount if they deny the offence
A basis of plea must be factually and legally proper
The prosecution and court may reject an unacceptable basis
The solicitor must not pressure the client into an untrue plea.
33. Either-way offences: plea before venue
The magistrates first ask how the defendant would plead if the case proceeded to trial.
Indication of guilty plea
The court treats the case as a guilty plea and proceeds toward sentence, subject to jurisdiction.
Indication of not guilty plea
The court considers allocation.
The defendant’s indicated plea affects:
Allocation procedure
Potential plea credit
Advice on venue
Case management
34. Allocation of either-way offences
The magistrates consider:
Sentencing guidelines
Seriousness
Complexity
Their sentencing powers
Prosecution and defence representations
If the magistrates accept jurisdiction:
Defendant may consent to summary trial
Defendant may elect Crown Court trial
If the magistrates decline jurisdiction:
Case is sent to the Crown Court
Advice must be based on the particular facts, not a general preference for one court.
35. Advising on trial venue
Possible advantages of magistrates’ court
Quicker
Less formal
Lower sentencing powers
Lower costs
No jury
Possible advantages of Crown Court
Jury trial
More extensive case-management resources
Greater likelihood of specialist advocacy
More time for complex cases
Risks of Crown Court
Greater delay and formality
Higher costs
Greater sentencing powers
Potentially more severe consequences
Magistrates may still commit an offender to the Crown Court for sentence in qualifying circumstances.
36. Indictable-only offences
An indictable-only offence begins in the magistrates’ court but is sent to the Crown Court under the statutory procedure.
The magistrates generally deal with:
Identity
Representation
Bail
Legal aid
Sending the case
They do not conduct an allocation hearing for an indictable-only offence.
37. Cases involving linked defendants or offences
Candidates should understand:
Sending related either-way offences with an indictable-only offence
Sending co-defendants
Allocation where adult and youth are jointly charged
Joinder and severance
Interests of justice and efficient trial
The classification of one charge may affect the venue of associated charges.
38. Case management
The court actively manages criminal cases to ensure:
Issues are identified early
Guilty pleas are entered promptly
Evidence is served on time
Witness requirements are clear
Trial time is used efficiently
Parties comply with directions
Parties have duties to:
Engage
Identify disputed issues
Comply with deadlines
Notify changes
Assist the court
39. Plea and Trial Preparation Hearing
In the Crown Court, the PTPH addresses:
Arraignment and plea
Trial issues
Witnesses
Disclosure
Expert evidence
Special measures
Legal arguments
Estimated trial length
Timetable
Trial date
If the defendant pleads guilty, the court proceeds toward sentence.
40. Prosecution disclosure
The prosecution must disclose material that might reasonably be considered capable of:
Undermining the prosecution case, or
Assisting the defence case
Candidates should understand:
Initial disclosure
Unused material
Disclosure schedules
Sensitive material
Continuing duty
Applications for further disclosure
Public-interest immunity
The prosecution need not automatically disclose every item collected.
41. Defence statements
A defence statement ordinarily identifies:
Nature of defence
Matters of fact disputed
Reasons for dispute
Particulars of alibi
Legal issues
Matters requiring further disclosure
It is generally compulsory in Crown Court proceedings and subject to different rules in the magistrates’ court.
A defective or late defence statement may permit adverse comment or inference, subject to statutory safeguards.
42. Burden and standard of proof
The prosecution ordinarily bears the legal burden and must prove guilt:
Beyond reasonable doubt, expressed to juries as being sure.
A defendant may bear:
Evidential burden for some issues
Legal burden on balance of probabilities for certain statutory defences
The precise allocation depends on the offence and defence.
43. Relevance and admissibility
Evidence must generally be relevant to a matter in issue.
Relevant evidence may still be excluded because of:
Statutory exclusion
Unfairness
Oppression
Hearsay restrictions
Privilege
Improper character evidence
Public policy
Abuse of process
Admissibility differs from weight. Weak evidence may still be admissible.
44. Visual-identification evidence
Where identification quality is disputed, apply the Turnbull approach.
The judge considers:
Time under observation
Distance
Visibility
Obstructions
Whether witness had seen defendant before
Time lapse
Discrepancies in description
Supporting evidence
Where identification evidence is poor and unsupported, the judge should withdraw the case from the jury.
Where it is sufficiently strong, a careful warning is required.
45. Hearsay
Hearsay is a statement:
Not made in oral evidence in the proceedings
Relied upon as evidence of the matter stated
Potential gateways include:
Statutory provision
Rule of law preserved by statute
Agreement of all parties
Interests of justice
Witness unavailable for specified reasons
Business or other admissible documents
Previous inconsistent or consistent statements in qualifying circumstances
Candidates must distinguish:
Original evidence
Implied assertions
Multiple hearsay
Real evidence
Statements admitted for a purpose other than proving their truth
46. Challenging hearsay
The opposing party may challenge:
Applicability of the gateway
Reliability
Authenticity
Circumstances of making
Multiple-hearsay requirements
Weight
Fairness
Notice and procedural compliance
From September 2026, challenging hearsay admissibility is expressly identified in the blueprint.
47. Confessions
A confession includes a statement wholly or partly adverse to its maker.
Under section 76 PACE, a confession must be excluded where obtained by:
Oppression, or
Things said or done likely, in the circumstances, to render it unreliable
Once properly raised, the prosecution must prove beyond reasonable doubt that the confession was not so obtained.
Oppression includes:
Torture
Inhuman or degrading treatment
Use or threat of violence
48. Section 78 PACE
The court may exclude prosecution evidence where, considering all circumstances, admission would have such an adverse effect on the fairness of proceedings that it ought not be admitted.
Relevant factors include:
Seriousness of PACE breach
Effect on reliability
Deliberate or bad-faith conduct
Denial of legal advice
Vulnerability
Improper interview
Identification irregularities
Section 78 is discretionary and does not make every procedural breach automatically fatal.
49. Bad-character evidence
Bad character is evidence of misconduct or a disposition toward misconduct, excluding evidence directly connected with the alleged facts or investigation in the specified statutory sense.
For a defendant, section 101(1) Criminal Justice Act 2003 contains seven gateways:
Agreement of all parties
Evidence adduced by defendant or elicited in cross-examination
Important explanatory evidence
Relevant to an important matter in issue between defendant and prosecution
Substantial probative value concerning an important issue between co-defendants
Correcting a false impression
Defendant attacked another person’s character
Candidates should identify the precise gateway and any exclusion power.
50. Non-defendant bad character
Under section 100 CJA 2003, non-defendant bad character may be admitted where:
Important explanatory evidence
Substantial probative value regarding a matter of substantial importance
All parties agree
This may concern:
Witness
Victim
Other non-defendant
The test is deliberately restrictive.
51. Excluding bad-character evidence
The court may exclude defendant bad character under specific statutory provisions, particularly where:
Admission would have such an adverse effect on fairness that it should be excluded
Time between events reduces probative value
Evidence would distort proceedings
The gateway is not established
The applicable exclusion power depends on the gateway relied upon.
52. Good character
From September 2026, the relevance of the defendant’s good character is expressly included.
A defendant of effective good character may be entitled to directions concerning:
Credibility
Propensity to offend
A defendant with minor or irrelevant previous misconduct may sometimes be treated as of effective good character.
The direction depends on:
Whether defendant testified
Nature of previous misconduct
Issues in the case
Judicial assessment
53. Competence and compellability
A witness is generally competent if able to:
Understand questions
Give understandable answers
Important distinctions include:
Defendant is competent for the defence but not compellable
Defendant’s spouse or civil partner has special compellability rules
Children may be competent
Vulnerable witnesses may require special measures
A co-defendant’s position depends on procedural status
Competence concerns ability to give evidence; compellability concerns whether the witness can be required to do so.
54. Special measures
Special measures may assist eligible witnesses because of:
Age
Incapacity
Fear or distress
Nature of offence
Other statutory criteria
Measures include:
Screens
Live link
Evidence in private
Removal of wigs and gowns
Video-recorded evidence-in-chief
Video-recorded cross-examination where available
Intermediary
Communication aids
The court considers whether the measure will improve evidence quality.
55. Stages of a criminal trial
The broad sequence is:
Jury selection in the Crown Court
Prosecution opening
Prosecution evidence
Submission of no case to answer
Defence evidence
Prosecution closing speech
Defence closing speech
Judge’s legal directions and summing-up
Verdict
Sentence if convicted
The precise order of speeches can depend on whether the defendant is represented and calls evidence.
56. No case to answer
Under R v Galbraith, a submission should succeed where:
There is no evidence on an essential element, or
Prosecution evidence, taken at its highest, is so weak that no properly directed tribunal could convict
Where strength depends on witness credibility and there is evidence capable of supporting conviction, the matter is generally left to the tribunal of fact.
57. Examination of witnesses
Examination-in-chief
Normally uses non-leading questions
Elicits the witness’s evidence
Cross-examination
Leading questions generally permitted
Tests reliability and advances the opposing case
Re-examination
Clarifies matters arising from cross-examination
Should not introduce wholly new matters without permission
The defence should put its case to relevant prosecution witnesses where their account is disputed.
58. Solicitor’s duty to the court
A solicitor must not:
Mislead the court
Put forward a factual case known to be false
Coach witnesses improperly
Conceal binding authority
Tamper with evidence
Make allegations without proper foundation
A client who privately admits the offence may still plead not guilty and require the prosecution to prove its case. However, the solicitor cannot advance a positive case inconsistent with the admission.
59. Sentencing approach
The court generally:
Identifies the applicable guideline
Determines offence category
Assesses culpability
Assesses harm
Selects starting point and range
Adjusts for aggravating and mitigating factors
Applies assistance or guilty-plea credit
Applies totality
Considers ancillary orders
Gives reasons
The sentence must be proportionate to the seriousness of the offence.
60. Aggravating and mitigating factors
Aggravating factors
May include:
Previous relevant convictions
Offending on bail
Abuse of trust
Vulnerable victim
Planning
Group activity
Weapon
Attempts to conceal evidence
Hostility based on protected characteristics
Mitigating factors
May include:
Genuine remorse
Age or lack of maturity
Mental disorder
Limited role
No relevant convictions
Steps to address offending
Personal mitigation
Cooperation
Mitigation does not alter the offence’s legal elements.
61. Custodial sentences
Custody should generally be imposed only where the offence is so serious that neither:
Fine alone, nor
Community sentence
can be justified.
The court must consider:
Custody threshold
Shortest commensurate term
Guilty-plea credit
Time on remand
Concurrent or consecutive structure
Suspension where legally available
Reasons
62. Suspended sentences
A custodial sentence may be suspended where statutory conditions are satisfied.
A suspended sentence order may include requirements such as:
Unpaid work
Rehabilitation activity
Programme
Curfew
Treatment
If the offender commits a further offence during the operational period, the court will ordinarily activate the custodial term unless it would be unjust, potentially with adjustment.
The attached official sample paper directly tests activation following a new offence.
63. Community orders
Requirements may include:
Unpaid work
Rehabilitation activity
Programme
Curfew
Exclusion
Residence
Mental-health treatment
Drug rehabilitation
Alcohol treatment
Attendance centre
The court must match requirements to:
Seriousness
Risk
Rehabilitation
Proportionality
Practical availability
64. Concurrent and consecutive sentences
Concurrent
Sentences run at the same time, often where offences arise from the same incident or facts.
Consecutive
Sentences run one after another, often where offences are distinct or concurrent terms would inadequately reflect total criminality.
The totality principle prevents the overall sentence from becoming disproportionate.
65. Newton hearings
A Newton hearing determines disputed factual issues relevant to sentence where:
Defendant pleads guilty
Prosecution rejects the defendant’s factual basis
The factual dispute materially affects sentence
The prosecution generally bears the burden of proving the disputed aggravating facts to the criminal standard.
If the defendant unsuccessfully contests the facts, guilty-plea credit may be reduced.
From September 2026, the applicability and procedure of Newton hearings are expressly clarified.
66. Appeals from the magistrates’ court
A convicted defendant may appeal to the Crown Court against:
Conviction following not-guilty plea
Sentence
Both conviction and sentence
The appeal is generally by way of rehearing.
The Crown Court may:
Confirm
Reverse
Vary
Remit
Resentence within the magistrates’ powers
An unsuccessful appellant may face costs consequences and loss of sentence credit, but the court cannot punish merely for appealing.
67. Appeal by case stated
A party may seek an appeal to the High Court where the magistrates’ decision is:
Wrong in law, or
In excess of jurisdiction
This is not a full rehearing of factual merits.
The High Court may:
Reverse
Affirm
Amend
Remit the case with an opinion
Judicial review may instead be appropriate for certain procedural or jurisdictional errors where no adequate appellate route exists.
68. Appeals from the Crown Court
A defendant convicted in the Crown Court may appeal to the Court of Appeal where the conviction is unsafe.
Permission is normally required.
Possible grounds include:
Wrong legal direction
Wrong admission or exclusion of evidence
Procedural irregularity
Fresh evidence
Jury irregularity
Incompetent representation causing unfairness
Other circumstances rendering conviction unsafe
69. Fresh evidence on appeal
The Court of Appeal considers factors including whether the evidence:
Appears capable of belief
May afford a ground for allowing the appeal
Would have been admissible at trial
Provides a reasonable explanation for not being called earlier
Fresh evidence is not admitted merely because the defence now prefers a different strategy.
70. Sentence appeals from the Crown Court
A defendant may appeal where the sentence is:
Manifestly excessive
Wrong in principle
Unlawful
Based on material factual or procedural error
The Court of Appeal may quash and substitute another sentence but should not impose a more severe sentence merely because the defendant appealed.
Attorney General references for unduly lenient sentences operate separately for qualifying offences.
71. Youth court jurisdiction
The Youth Court generally deals with defendants aged:
10 to 17
It is a specialist form of magistrates’ court.
Features include:
Less formal procedure
Adapted language
Greater privacy
Parent or guardian involvement
Focus on welfare and prevention of reoffending
Restrictions on reporting identity
Age is ordinarily assessed at the relevant procedural stage under the applicable rules.
72. Youths jointly charged with adults
Where a youth is jointly charged with an adult, the court considers whether:
They should be tried together
The youth should be separated
The interests of justice require Crown Court treatment
The youth’s age, maturity and welfare favour Youth Court proceedings
Separate trials would create unfairness or duplication
There is a strong policy preference for keeping youths within the Youth Court where appropriate.
73. Grave crimes and Crown Court trial
Certain serious offences may justify sending a youth to the Crown Court, including:
Homicide
Firearms offences with statutory treatment
Specified grave crimes where the Crown Court may need greater sentencing power
Cases involving dangerousness provisions
Joint adult proceedings where interests of justice require
Seriousness alone does not automatically remove every case from the Youth Court.
74. Youth sentencing
Important youth sentences include:
Referral order
Youth rehabilitation order
Detention and training order
Fine or discharge
Other statutory disposals
The court applies:
Principal aim of preventing offending
Welfare of the child
Relevant youth sentencing guidelines
Age and maturity
Seriousness
Risk and rehabilitation
From September 2026, the blueprint also highlights the relevant sentencing guidance for robbery involving children and young people.
75. Referral orders
A referral order is commonly relevant where a youth:
Pleads guilty
Has no qualifying previous conviction
Falls within statutory conditions
The youth is referred to a youth-offender panel and enters a contract addressing offending behaviour.
In some circumstances the order is mandatory; in others the court has discretion.
76. Detention and training orders
A DTO combines:
Period in custody
Period under supervision in the community
It is available only within statutory age and seriousness requirements.
The court must consider:
Custody threshold
Available lengths
Welfare
Proportionality
Time already spent in custody
Guideline restrictions
77. Welsh language
Candidates should recognise:
Right to use Welsh in legal proceedings in Wales
Need to identify language requirements early
Interpretation and bilingual-document arrangements
Case-management implications
Equal treatment of Welsh and English
The issue should be raised promptly so that the court can make suitable arrangements.
Highest-priority Criminal Practice topics
Prioritise:
Police-station rights
Detention time limits and reviews
Legal advice and appropriate adults
Lawful interview requirements
Right to silence and adverse inferences
Code D identification
Bail exceptions and conditions
Breach of bail versus failure to surrender
Summary, either-way and indictable-only offences
Plea before venue and allocation
Legal aid
Prosecution disclosure and defence statements
Turnbull identification evidence
Hearsay gateways
Confessions under section 76 PACE
Section 78 exclusion
Bad-character gateways
Competence, compellability and special measures
No-case submission
Sentencing guidelines and guilty-plea credit
Suspended sentences and community orders
Newton hearings
Magistrates’ and Crown Court appeals
Youth court procedure
Solicitor’s duty to the court
Best CRL question method
For every scenario, ask:
What stage have proceedings reached?
Is the suspect a child or vulnerable adult?
Were the PACE safeguards followed?
What should the solicitor advise now?
Is silence likely to generate an inference?
Is the defendant entitled to bail?
What is the offence classification?
Which court and procedure apply?
Is the evidence admissible?
Can the court exclude it?
What plea, allocation or sentencing advice is appropriate?
What appeal route and test apply?
The controlling source is the official SRA FLK2 specification. The attached official FLK2 sample paper is particularly useful for Criminal Practice because it directly tests suspended sentences, bail, identification procedures, legal aid and professional duties in criminal proceedings.