Connolly: either-way theft, plea before venue and sentencing credit
Email from the supervising partner
Scenario scenario-009 — Legal Writing
From: Senior Partner To: Trainee Subject: Mr Connolly — please draft a letter We act for Mr Liam Connolly, charged with a single count of theft from his employer. The alleged value is approximately £6,800 taken over about three months. He has his plea-before-venue and allocation hearing in three weeks and has indicated he intends to plead guilty. I want a letter from you to Mr Connolly covering: (1) the procedural choice ahead at the hearing — what plea-before-venue means and what happens if he pleads guilty; (2) the realistic sentencing range on a guilty plea and the difference (if any) between being sentenced in the magistrates' court and being committed to the Crown Court for sentence; (3) the credit for an early guilty plea — what it is, what it requires of him, and the difference in real terms. He is 38, no previous convictions, married with two school-age children. He will lose his current job (already dismissed). Plain English. No section numbers in the letter.
What a strong answer looks like
Model answer outline (public summary)
- Open with an honest but non-catastrophising BLUF: on a guilty plea the realistic outcome is somewhere in the community-order to short-custody range, with maximum credit available at the first opportunity.
- Explain plea-before-venue in plain English: he indicates his plea; if guilty, the magistrates consider whether their sentencing powers are sufficient; if not, they can commit him to the Crown Court for sentence.
- Explain the magistrates'/Crown Court sentencing distinction honestly — on these facts the offence is realistically within magistrates' powers.
- Explain credit for early guilty plea: one-third reduction at the first reasonable opportunity, sliding down with any delay — translate into a concrete example (if the starting point is X, maximum credit brings it to approximately Y).
- Acknowledge the human consequences (job loss, family) and frame them as relevant mitigation without dwelling on misfortune.
- Close with the next practical step: a meeting before the hearing to confirm plea and prepare mitigation.
Illustrative excerpt. Scenario details are practice material only. The live grader presents the full brief and grades your response against the SRA Performance Indicators.
The criteria the Legal Writing station is marked against.
Criminal Litigation at the Legal Writing station tests whether you can advise a lay client honestly and precisely on sentencing ranges, plea credit and procedure — in plain English, without overstating risk or understating consequences.
Include relevant facts
Addresses the salient facts — charge, value, employment position, family circumstances — without including irrelevant material.
Use a logical structure
Three labelled sub-sections track the partner's three questions; the letter is easy to follow for a lay reader.
Advice is client and recipient focused
Demonstrates understanding of the client's specific concerns and circumstances; imparts honest but sensitive advice on sentencing consequences.
Use clear, precise, concise and acceptable language
Language is appropriate to a lay client; no statutory section numbers or sentencing guideline references quoted verbatim in the letter itself.
Apply the law correctly to the client's situation
Correctly applies the sentencing framework, allocation procedure and credit rules to the specific facts — without overstating or understating the likely outcome.
Apply the law comprehensively, identifying ethical and professional conduct issues
Writing is sufficiently detailed; any professional-conduct issue (e.g. advising on the limits of the solicitor's role) is recognised and addressed.
Performance Indicators quoted verbatim from the SRA’s published SQE2 Assessment Specification. Kellys SQE Examiner grades each attempt against these criteria, indicator by indicator.
Practise Criminal Litigation against the real Performance Indicators.
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