Monday 27 July 2026
Your weekly SQE Prep Quiz has arrived
Dear Subscriber,
Hope you had a great weekend. Please see below for the question, the answer to the previous question and associated resources. This is the web version of this newsletter.
Congratulation to all who just completed SQE1! And good luck to everyone starting SQE2!
This Week’s Question: A woman operates a small private-hire vehicle business from her home and holds an operator’s licence issued by a local authority. An Act of Parliament requires the authority to publish the full residential address of every private-hire operator whose licence is revoked. After the authority revokes her licence for repeated administrative breaches, it publishes her address online. She argues that publication creates a security risk and unjustifiably interferes with her Article 8 rights. The High Court concludes that the statutory requirement is incompatible with Article 8 and cannot be interpreted compatibly without contradicting Parliament’s express wording. Which of the following best describes the court’s powers and the local authority’s position?
A. The court must disapply the statutory provision and order the authority to remove the address immediately.
B. The court may invalidate the statutory provision because Convention rights take priority over inconsistent primary legislation.
C. The court may reinterpret the provision as giving the authority a discretion, even though Parliament expressly excluded one.
D. The court may make a declaration of incompatibility, while the provision remains valid and the authority may rely on the statutory-compulsion defence.
E. The court must dismiss the claim because conduct required by primary legislation cannot be examined under the Human Rights Act.
Dig Deeper: Revising FLK1 Constitutional Law and Human Rights? Watch https://youtu.be/jwefUtefXrU
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Last Week’s Question: A man has been banned from entering a large DIY store after previous thefts. Late at night, he climbs through an unlocked stockroom window intending to steal copper wiring if he can find any. He carries a screwdriver to force open locked storage cabinets, but does not intend to use it against anyone. He opens several boxes, finds no copper wiring, and is arrested before removing any property. Which of the following best reflects his likely criminal liability?
A. He is guilty of aggravated burglary because any tool carried during a burglary is treated as a weapon of offence.
B. He is guilty only of attempted burglary because no property was actually taken from the stockroom.
C. He is guilty of burglary, but not aggravated burglary unless the screwdriver was carried or intended as a weapon.
D. He is not guilty of burglary because a commercial stockroom cannot amount to a building for this offence.
E. He is guilty of burglary only if the prosecution proves that he attempted to steal after entering.
Correct answer: C. He is guilty of burglary, but not aggravated burglary unless the screwdriver was carried or intended as a weapon. Feedback: This is a section 9(1)(a) burglary. Under the Theft Act 1968, a person commits burglary if they enter a building or part of a building as a trespasser with intent to steal, inflict grievous bodily harm, or do unlawful damage. The offence is complete on entry with the relevant intent; no actual theft is required. The CPS guidance also notes that burglary may be based on “entering with intent to steal”. The man is a trespasser because he has been banned from the store and enters through a stockroom window at night. His intention to steal copper wiring is sufficient for burglary even though he finds none and takes nothing. The aggravated burglary point is more difficult. Under section 10 Theft Act 1968, aggravated burglary requires burglary plus having with him a firearm, imitation firearm, weapon of offence, or explosive. A “weapon of offence” includes an article made or adapted for causing injury or intended by the defendant for that use. A screwdriver carried only to force cabinets is not automatically a weapon of offence.
The other options are incorrect because:
A wrongly treats every burglary tool as a weapon.
B overlooks that section 9(1)(a) burglary is complete on entry with intent.
D is wrong because burglary applies to buildings and parts of buildings, not only dwellings.
E confuses section 9(1)(a) with section 9(1)(b), which concerns conduct after entry.
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All the best
Dr Ioannis (Yannis) Glinavos
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