SQE2 - Criminal Litigation Outline


SQE2 - Criminal Litigation Outline

Are you overwhelmed by the masses of information you are expected to know?

Are you short on time to make notes?

Do you just want a summary of the functioning legal knowledge that you need to know?

Then, you are in the

Functioning Legal Knowledge for SQE2 - Core Principles of Criminal Law & Procedure

contains summaries in bullet-point format of:

All topics listed by the SRA in the FLK for Criminal Law & Procedure

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Why SQE2 Outlines?

Have a quick reference to revise from

Created by someone who passed the SQE2 first time

Value for money & affordable

What does the SQE2 Criminal Litigation Outline cover?

The SQE2 Criminal Litigation Outline contains the entire functioning knowledge specified by the SRA in relation to Criminal Law & Procedure for the SQE2:

Core principles of criminal liability

The core principles of criminal liability relating to the specified criminal offences listed below:

Specified criminal offences:

  • offences against the person:
    • assault and battery
    • s. 47 Offences Against the Person Act 1861
    • s. 20 Offences Against the Person Act 1861
    • s. 18 Offences Against the Person Act 1861
  • theft offences:
    • s. 1 Theft Act 1968
    • s. 8 Theft Act 1968
    • s. 9 Theft Act 1968
    • s. 10 Theft Act 1968
  • criminal damage:
    • simple criminal damage
    • aggravated criminal damage
    • arson
  • homicide:
    • murder
    • voluntary manslaughter
    • involuntary manslaughter (unlawful act manslaughter, manslaughter by gross negligence)
  • fraud:
    • by false representation
    • by abuse of position
    • by failing to disclose.

Definition of the offence:

  • actus reus
  • mens rea.

General defences:

  • intoxication
  • self-defence/defence of another.

Partial defences:

  • loss of control
  • diminished responsibility.


  • principal offender
  • accomplices
  • joint enterprise.

Inchoate offences:

  • Attempt to commit an offence.

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.

The procedures and processes involved in criminal litigation

Bail applications:

  • the right to bail and exceptions
  • conditional bail
  • procedure for applying for 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 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 guidance
  • inferences from silence ss. 34, 35, 36, 37, 38 Criminal Justice and Public Order Act 1994
  • hearsay evidence:
    • definition
    • grounds for admitting hearsay evidence
  • confession evidence:
    • definition
    • admissibility
    • challenging admissibility ss. 76 and 78 PACE 1984
  • character evidence:
    • definition of bad character
    • the 7 gateways s. 101(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 and the right to a fair trial.

Trial procedure in magistrates’ court and Crown Court:

  • burden and standard 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
  • solicitor’s duty to the court.


  • role of sentencing guidelines
  • determining seriousness (aggravating and mitigating facts)
  • concurrent and consecutive sentences
  • mitigation
  • types of sentence:
    • custodial sentences
    • suspended sentences
    • community orders
  • Newton hearings.

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 appeal
      • procedure for making the appeal
      • powers of the Court of Appeal.

Youth court procedure:

  • jurisdiction and grave crimes
  • allocation
    • youths jointly charged with adult
  • sentencing:
    • role of the Sentencing Children and Young People – definitive guidelines
    • referral orders
    • detention and training orders
    • youth rehabilitation orders.

What is the SQE2?

The SQE2 exam is the second of two "super" exams required by the Solicitors Regulation Authority in order to qualify as a solicitor of England and Wales.

The SQE2 exam contains the following assessments:

  • Written Part
    • Day 1 - Dispute Resolution and Criminal Procedure
    • Day 2 - Property and Wills
    • Day 3 - Business Law
  • Oral Part
    • Day 1 - Dispute Resolution and Property
    • Day 2 - Criminal Procedure and Wills

Each day of the written part includes:

  • Case & Matter Analysis (60min)
  • Legal Writing (30min)
  • Legal Research (60min)
  • Legal Drafting (45min)

Each day of the oral part includes:

  • Advocacy (45min prep and 15min presentation)
  • Client Interviewing (10min prep, 25min interviewing, and 25min writing an attendance note by hand)

Who will teach me?

madeleine weber

Hi there

My name is Madeleine Weber!

I have been working as a legal professional for half a decade, predominantly in the IT industry as an in-house counsel in the UK.

I qualified as a solicitor via the transitional arrangements by sitting the QLTS MCT and the SQE2.

I passed the first ever SQE2 exam on my first attempt in 2022.

Whilst preparing for the exam, I really wished I had concise revision notes to revise from. I didn't have much time to make revision notes, and the notes I purchased from the prep course providers were incredibly lengthy.

That is what inspired me to write out concise and easy to follow notes based on the Functioning Legal Knowledge required by the SRA.




What else do I need to pass the SQE2?

This is a very subjective question and will depend on your background and education. 

I personally would recommend to purchase a SQE2 preparation course, as this will provide you with all the tools to have the best chance to pass on your first attempt. 

My SQE2 outlines should be relied on as supplementary revision aides. 

How long will I have access to the material?

You will have access for 1 year from the date of purchase. 

What exactly is contained in the outline?

A summary of all the topics listed by the SRA in relation to criminal law and procedure that may be tested on the SQE2. 

Will I be able to access the material offline as well?

All materials are downloadable and usable offline.

The course is provided via Teachable. All materials will be available on all your devices either via a web browser or via the Teachable app. 

What is your refund policy?

If you are unhappy about any aspect of the course, do let me know and I will do my best to sort the issue out for you.

Otherwise, there is no refund policy for this item.