Legal Writing Assignment - SQE 2
Legal Writing (Practice Area: Criminal
Practice)
Summary of question and answer
This sample question and discussion of answer is an example of a legal writing
assessment. This is a computer-based assessment.
You have 30 minutes to complete the task.
Professionalism and ethics will be core parts of SQE2. Questions on ethics will
be pervasive throughout SQE2. Ethical issues will not be flagged. You will need
to identify any ethical and professional conduct issues and exercise
judgement to resolve them honestly and with integrity.
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Questions
Email to Candidate
From: Partner
Sent: 24 November 2022
To: Candidate
Subject: Advice Mr. Holmes regarding the Rights of a suspect being detained by the
police for questioning
I have received an email from Mr. Holmes regarding the sudden arrest of his daughter. As
you can recall, Mr. Holmes has been our client for the past 6 years, and Ms Genola (aged 16
yrs) is his daughter. She is arrested on suspicion of theft, contrary to section 1 of the Theft
Act 1968, and is taken to a police station.
On arrival, the custody officer books her in and opens a custody record. The custody officer
asked the girl how old she was and who she lived with. The girl told the custody officer that
the only family she was aware of was her father, and she expressly informed the custody
officer that she didn’t want to consult any Solicitor and insisted that she wanted to go home.
Mr. Holme got a call from the police station and was informed about his daughter's arrest.
Mr. Holmes wants to understand in detail the rights of a suspect being detained by the police
for questioning. He is also concerned as she won't be able to answer properly as she is
underage and whether there is any provision in law for the appointment of an adult who can
answer the questions on behalf of her.
Unfortunately, I have been called to deal with another urgent matter, so I need you to draft
a letter in writing highlighting to Mr. Holmes:
● What are her rights as a suspect being detained by the police for questioning?
● Where will the interview be conducted?
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● Can an appropriate adult appoint a Solicitor on her behalf, although she refused
to consult any?
● Is there any separate provision available to the Juvenile in detention? For how
long can a Juvenile be detained in Police Custody?
Mr. Holmes is not a lawyer, so it is important that your explanation is clear and simple.
However, he is intelligent and astute and will insist on understanding everything, so you will
need to provide brief legal explanations where appropriate.
Regards
Partner
Attachment
Kindly refer to PACE 1984, Code C. It can be accessed from here.
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Note to Candidates:
You would be asked to write your answer on an electronic template provided by SRA
during the examination. So you are supposed to write the answer directly on the given
template.
Also note that the template has been produced solely for the purposes of assessment
and does not fulfil all the legal requirements for business stationery of an LLP. You
should not attempt to amend it to reflect those requirements.
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Discussion of answer
Key points to remember when advising the client:
● Professionalism and courtesy two are the qualities and traits of good Solicitors
who know how their clients are to be treated.
● Client’s care must be taken as a primary concern.
● Solicitors should not act on the instructions of anyone other than his client.
● Good opinions are practical and written in plain language.
● The primary purpose of a legal opinion is the communication of advice to either
a layman or a professional client. It is, therefore, of the utmost importance that
it is clear and in plain, understandable English.
Note on sample answers:
Two sample answers are provided (Sample A and Sample B). Neither answer is perfect nor a
model answer. You should not assume that everything in the samples is correct. You should
always explore your writing skills.
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Sample A
RKIVE LLP
2/F Building, Gotham Tel. No.: (123) 456-7890
[email protected] --------------------------------------------------------------------------------------------------------
From the desk of
Mr RM
To,
Mr. Holmes
Sir,
Subject: Advice regarding the sudden arrest of Miss Holmes
I hope you’ve been well. Recently you wrote to us that your daughter got arrested on
suspicion of theft and was taken into police custody. You wanted to understand in detail the
rights of a suspect and whether there is any provision in law for the appointment of an adult
who can answer the questions on behalf of her. I will guide you in the best way possible.
Responses:
With respect to Rights, the suspect has two rights namely:
a. Right to legal advice: When a suspect is detained in custody, the suspect has the
right to consult legal advice privately at any time. A suspect must be informed of the
right to seek free independent legal advice:
● on arrival at a police station
● on arrest following voluntary attendance at the police station
● immediately before the commencement, or recommencement, of any interview.
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b. Right to have someone informed of arrest: Where a person has been arrested
and is being held in custody at a police station/authorised place of detention, they
have the right to have someone informed of their arrest as soon as practicable
following their arrest.
Interview Process of Juveniles
● Following an arrest, the suspect will be interviewed, which must take place at a police
station or authorised place of detention.
● Immediately prior to the start of an interview, the suspect is to be reminded of the
right to free legal advice and that the interview can be delayed for the suspect to
obtain legal advice
● The interviewing officer must ask the suspect whether they confirm or deny the earlier
statement made by him or if they want to add anything.
● No officer must attempt to obtain answers through oppression.
● Breaks from interviewing should be made at recognised meal times.
● Short refreshment breaks must be provided at approximately two-hour intervals
● Interviews should cease to continue when the officer responsible for conducting the
investigation is satisfied that all of the questions which are deemed relevant to
obtaining accurate and reliable information about the offence have been put to the
suspect.
Appropriate adult and appointment of a Solicitor
For juveniles, an appropriate adult includes
● Parents or guardians (or representatives from the local authority if the juvenile is in
local authority care)
● If not (a), then a social worker from the local authority
● If not (a) or (b), then, some other responsible adult aged 18 or over who is not
connected to the police (e.g. a grandparent)
Provisions for Juvenile
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● If the juvenile indicates that they do not want legal advice, the appropriate adult has
the right to ask for a solicitor to attend if this would be in the best interests of the
juvenile. (As per 6.5 A of PACE, CODE C, 1984)
● If the juvenile is in local authority or voluntary organisation care but living with their
parents or other adults responsible for their welfare, although there is no legal
obligation to inform them, they should normally be contacted. ( As per 3C of PACE,
CODE C, 1984)
● Even if the juvenile is not living with their parents, consideration should be given to
informing them. ( As per 3C of PACE, CODE C, 1984)
● A juvenile or vulnerable person must not be interviewed regarding their involvement
or suspected involvement in a criminal offence or offences or asked to provide or sign
a written statement under caution or record of interview in the absence of an
appropriate adult. (As per 3 of PACE, CODE C, 1984)
● If the detainee is a juvenile, mentally disordered or otherwise mentally vulnerable, the
custody officer must, as soon as practicable, inform the appropriate adult. (As per 3.13
of PACE, CODE C, 1984)
Detention Period for Juveniles:
There is a legal limit of 24 hours on how long an individual can be detained in custody by
the police before they must be charged with an offence or released. It can be extended by
an officer of the superintendent rank or above under certain circumstances, and further by
a court up to a total of 96 hours. These legal limits apply to both children and adults.
Disclaimer
This opinion is prepared based on the information provided to us; we assume
responsibility for updating this opinion on a change in any order or law relating to it.
I hope that the above shall suffice for your present purposes. I shall be happy to
provide a detailed analysis of the issues considered herein, should you so require.
Please do not hesitate to contact us for any clarifications.
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Yours truly,
Mr RM
Solicitor, Rkive LLP, XYZ Building, Galaxy Road, PO City, UK.
Sample B
RKIVE LLP
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2/F Building, Gotham Tel. No.: (123) 456-7890
[email protected] --------------------------------------------------------------------------------------------------------
From the desk of
Mr RM
To,
Mr. Holmes
Sir,
Subject: Advice regarding the sudden arrest of Mr Holmes
I hope you’ve been well. Recently you wrote to us that your daughter got arrested on
suspicion of theft and was taken into police custody. You wanted to understand in detail the
rights of a suspect and whether there is any provision in law for the appointment of an adult
who can answer the questions on behalf of her. I will guide you in the best way possible.
Response to Query 1
What are her rights as a suspect being detained by the police for questioning
Suspect has two rights, namely:
a. The right to seek legal advice and
b. the Right to inform someone about his arrest.
When a suspect is detained in custody, the suspect has the right to consult legal advice
privately at any time. A suspect must be informed of the right to seek free independent legal
advice:
● on arrival at a police station
● on arrest following voluntary attendance at the police station
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● immediately before the commencement, or recommencement, of any interview.
Where a person has been arrested and is being held in custody at a police station/authorised
place of detention, they have the right to have someone informed of their arrest as soon as
practicable following their arrest.
Response to Query No: 2
Where will the interview be conducted?
Following an arrest, Ms Genola Holmes will be interviewed, which must take place at a police
station or authorised place of detention. The process is explained as follows:
● Following an arrest, the suspect will be interviewed, which must take place at a police
station or authorised place of detention.
● Immediately prior to the start of an interview, the suspect is to be reminded of the
right to free legal advice and that the interview can be delayed for the suspect to
obtain legal advice
● The interviewing officer must ask the suspect whether they confirm or deny the earlier
statement made by him or if they want to add anything.
● No officer must attempt to obtain answers through oppression.
● Breaks from interviewing should be made at recognised meal times.
● Short refreshment breaks must be provided at approximately two-hour intervals
● Interviews should cease to continue when the officer responsible for conducting the
investigation is satisfied that all of the questions which are deemed relevant to
obtaining accurate and reliable information about the offence have been put to the
suspect.
Response to Query No.3:
Can an appropriate adult appoint a Solicitor on her behalf, although she refuses to
consult any
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If the juvenile indicates that they do not want legal advice, the appropriate adult has the right
to ask for a solicitor to attend if this would be in the best interests of the juvenile. For
juveniles, an appropriate adult includes
● Parents or guardians (or representatives from the local authority if the juvenile is in
local authority care)
● If not (a), then a social worker from the local authority
● If not (a) or (b), then, some other responsible adult aged 18 or over who is not
connected to the police (e.g. a grandparent)
Response to Query No:4
Is there any separate provision available to the Juvenile in detention? For how long can
a Juvenile be detained in Police Custody
Yes, a number of provisions are there with respect to Juveniles.
● If the juvenile indicates that they do not want legal advice, the appropriate adult has
the right to ask for a solicitor to attend if this would be in the best interests of the
juvenile. (As per 6.5 A of PACE, CODE C, 1984)
● If the juvenile is in local authority or voluntary organisation care but living with their
parents or other adults responsible for their welfare, although there is no legal
obligation to inform them, they should normally be contacted. (As per 3C of PACE,
CODE C, 1984)
● Even if the juvenile is not living with their parents, consideration should be given to
informing them. ( As per 3C of PACE, CODE C, 1984)
● A juvenile or vulnerable person must not be interviewed regarding their involvement
or suspected involvement in a criminal offence or offences or asked to provide or sign
a written statement under caution or record of interview in the absence of an
appropriate adult. (As per 3 of PACE, CODE C, 1984)
● If the detainee is a juvenile, mentally disordered or otherwise mentally vulnerable, the
custody officer must, as soon as practicable, inform the appropriate adult. (As per 3.13
of PACE, CODE C, 1984)
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Detention Period for Juveniles:
There is a legal limit of 24 hours on how long an individual can be detained in custody by
the police before they must be charged with an offence or released. It can be extended by
an officer of the superintendent rank or above under certain circumstances, and further by
a court up to a total of 96 hours. These legal limits apply to both children and adults.
Disclaimer
This opinion is prepared based on the information provided to us; we assume
responsibility for updating this opinion on a change in any order or law relating to it.
I hope that the above shall suffice for your present purposes. I shall be happy to
provide a detailed analysis of the issues considered herein, should you so require.
Please do not hesitate to contact us for any clarifications.
Yours truly,
Mr RM
Solicitor, Rkive LLP, XYZ Building, Galaxy Road, PO City, UK.
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