1) Introduction to Criminal Law Flashcards
What are the three core principles that the prosecution must prove…
Beyond reasonable doubt….
* The defendant committed a guilty action
* While having the relevant guilty mind
* No valid defence
When there is an allegation of breach of law…
- Defendant = innocent until proven guilty
- Entitled to a fair trial
- Burden of proving the case on the prosecution
Three classifications of offences that impact trial and sentencing
- Summary
- Indictable only
- Either way offences
Summary offences
- Least serious crimes (assault and criminal damage)
- Can be tried in Magistrates Court
- Max of 6 months imprison and a £5k fine
Where can offences that are “either way” be tried?
Either in the Magistrates Court or the Crown Court
What happens when magistrates conclude the offence would attract a penalty in excess of their powers?
- Case will go to the Crown Court
Is the classification of offences relevant to youths?
No, it is only the potential sentence that determines where the trial is held.
What is the role of the Police?
Investigating matters and collecting evidence
What is the role of the state
The CPS prosecute on behalf of the s
What can a crime be thought of?
A public wrong.
What is the purpose of sentencing adults?
s57(2) Sentencing Act 2020
* Punishment of offenders
* Reduction of crime
* Reform and rehabilitation of offenders
* Protection of the public
* The making of reparation by offenders to persons affected by offences
s57(2) Sentencing Act 2020
- Punishment of offenders
- Reduction of crime
- Reform and rehabilitation of offenders
- Protection of the public
- The making of reparation by offenders to persons affected
IDEA Structure
Identify
Define
Explain
Apply
How do you establish criminal liability
Identify
Define
Explain
Apply
What is the “Identify” element of the IDEA structure?
Identify:
- Behaviour
- Offences
- Rules
s1(1) Theft Act 1968
Defendant dishonestly appropriated property belonging to another, with an intention to permanently deprive th other of it.
What is the “Define” element of the IDEA structure?
What guilty action or omission needs to have been committed and what guilty mind defendant is required to have.
What is the “Explain” element of the IDEA structure?
What is required by case law or statute for each element of the offence.
What is the “Define” element of the IDEA structure?
Define the law
The actus reus = guilty act / omission
The Mens Rea = guilty mind
What is the “Explain” element of the IDEA structure?
Statute and / or case law
What is the “Apply” element of the IDEA structure?
Law to the facts of the case
To what standard do crimes need to be proved?
Beyond reasonable doubt
Woolmington v DPP
Indictable only offences
