SQE1 sample questions

Question 40

A man has been arrested on suspicion of common assault. He is a professional football player earning £180,000 per year. It is alleged that the man punched a photographer who was trying to take a picture of him whilst he was having a drink with a woman in a bar. The man has never been in trouble with the police before and has requested that he is represented by the duty solicitor while he is interviewed under caution at the police station.

Will the man be entitled to publicly funded legal representation in connection with the defence of his case?

A. The man will not be eligible for publicly funded legal representation by the duty solicitor at the police station because he will fail the means test.

B. The man will be eligible for publicly funded legal representation by the duty solicitor at the police station and at all hearings up to and including sentence.

C. The man will be eligible for publicly funded legal representation by the duty solicitor at the police station, limited to telephone advice only.

D. The man will be eligible for publicly funded legal representation by the duty solicitor at the police station. He will also be able to get a representation order in the Magistrates’ Court provided that he passes the interests of justice test, because there is no means test in the Magistrates’ Court.

E. The man will be eligible for publicly funded legal representation by the duty solicitor at the police station. He will not be able to get a representation order in the Magistrates’ Court, because even if he passes the interests of justice test, he will fail the means test which applies in the Magistrates’ Court.


E - The man will be eligible for publicly funded legal representation by the duty solicitor at the police station. He will not be able to get a representation order in the Magistrates’ Court, because even if he passes the interests of justice test, he will fail the means test which applies in the Magistrates’ Court.


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