1 - Introduction to Criminal Law

Question 1

What are the key principles of criminal law?

Answer 1

• Criminal law encompasses a wide range of offences, impacting daily life, including both minor infractions (like not purchasing a TV license) and serious crimes (like importing class A drugs).
• Once a crime is alleged, the defendant enters the criminal justice system.
• The defendant is presumed innocent until proven guilty, entitled to a fair trial, and the burden of proof lies with the prosecution.

Question 2

What does the criminal justice process involve?

Answer 2

• The criminal justice process encompasses litigation, evidence, and sentencing from the allegation of a crime to trial and possible conviction.
• It begins when a person is alleged to have committed a prohibited act, leading to their arrest and detention at a police station.
• Following a police interview, if the evidence permits, the defendant will be charged and appear before a magistrates’ court.
• If necessary, the magistrates’ court will issue a written charge to secure the defendant’s attendance.

Question 3

What happens when a defendant appears in court?

Answer 3

The defendant is asked to enter a plea:
Guilty Plea: The court moves to sentence.
Not Guilty Plea: A trial occurs, resulting in a verdict:

Guilty Verdict: The defendant is sentenced.
Not Guilty Verdict: The defendant is acquitted and free to go.

A person sentenced after a guilty plea or verdict may appeal.

Question 4

What types of offences exist in criminal law?

Answer 4

Summary Offences: Least serious crimes (e.g., assault, criminal damage) tried in the Magistrates’ Court, with maximum penalties of six months to 12 months’ imprisonment and a £5,000 fine.

Indictable-only Offences: Most serious crimes (e.g., murder, manslaughter) tried only by a judge and jury in the Crown Court, with penalties determined by the statute.

Either Way Offences: Can be tried in either the Magistrates’ Court or the Crown Court. The decision is made by the Magistrates, who assess the case’s facts to determine jurisdiction.

Question 5

How are either way offences handled in court?

Answer 5

Magistrates Court initially assess if their sentencing powers are sufficient for the case.

If so, they can offer a summary trial, but the defendant can choose jury trial.

If not, the case goes to the Crown Court, removing the defendant’s right to choose.

Examples of either way offences include assault occasioning actual bodily harm and theft.

Question 6

What roles do the police and Crown Prosecution Service (CPS) play in the criminal justice system?

Answer 6

• he police and CPS handle serious offences, ensuring that the state prosecutes rather than leaving the burden to victims.
• Self-prosecution is impractical for serious crimes, like grievous bodily harm.
• The state utilises police resources for investigations and evidence collection, facilitating an efficient prosecution process.

Question 7

What is the purpose of sentencing?

Answer 7

Section 57(2) Sentencing Act 2020 which sets out the purposes of sentencing adults.

(2) The court must have regard to the following purposes of sentencing—
(a) the punishment of offenders,
(b) the reduction of crime (including its reduction by deterrence),
(c) the reform and rehabilitation of offenders,
(d) the protection of the public, and
(e) the making of reparation by offenders to persons affected by their offences.

Question 8

To what standard do crimes need to be proved?

Answer 8

It is for the prosecution to prove every element of the crime ‘beyond reasonable doubt’: Woolmington v DPP [1935] AC 462.

In those rare situations where the defendant has the burden of proof, such as the defence of diminished responsibility in murder, the standard of proof which the defence must meet is lower- on the balance of probabilities. So using this example, that it is more likely than not that the defendant killed under diminished responsibility.