Practice questions

One of the unique challenges of the SQE1 assessment is that you will be assessed through the use of single best answer multiple-choice questions. This may very well be the first time you’ve been assessed on law subjects in this way, and becoming familiar with the way these questions work and how to approach them, is therefore critical to your chances of success.
You’ll find each of the books has an extensive number of SQE-style questions, as well as briefer questions to check what you already know. Each chapter finishes with a number of practice multiple-choice questions to help you understand how the assessments work and to help you check your knowledge, and the answers provided will point out why one of the answers is the single best answer on offer. 

EXAMPLE QUESTION

 

 

Question:

A man is accused of murder, an indictable-only offence. The trial is heard in the Crown Court. After hearing all the evidence, the man is found not guilty of the offence by the jury.

Which of the following best describes the avenues of appeal open to the prosecution?

A.  An appeal against the verdict can be brought by the prosecution. The appeal would be considered by the Court of Appeal (Criminal Division).

B.  An appeal can be brought by the prosecution on the basis that the sentence given was unduly lenient. The appeal would be considered by the Court of Appeal (Criminal Division).

C. An appeal can be brought by the prosecution by way of case stated and would be considered by the Queen’s Bench Division of the High Court.

D.  There is no route of appeal open to the prosecution in this case.

E. An appeal can be brought by the prosecution by way of case stated and would be considered by the Court of Appeal (Criminal Division).

Answer:

The correct answer is D.

There is no route of appeal available to the prosecution. The prosecution cannot appeal against the sentence as no sentence has been imposed (therefore Option B is incorrect). Appeals by way of case stated are only available for cases that started in the magistrates’ court. The trial in this case is for an indictable-only offence so it is not possible for the case to have been heard in the magistrates’ court at first instance. Furthermore, appeals by way case stated are not heard in the Court of Appeal (Options C and E are therefore wrong). Option A is wrong because the prosecution has no right to appeal against a verdict; the right to appeal is restricted to terminating rulings.