Actus rea (1&2)

Question 1

Whats is civil liability (tort law)?

Answer 1

Tort law – a private wrong.
The dispute is between two private individuals or entities.
The wronged individual will take a civil action against the wrong-doer

Question 2

What is criminal liability (criminal law)?

Answer 2

A crime is viewed as a wrong against the state
The dispute is between the state (not the victim) and an individual/entity
The purpose is to secure punishment not compensation

Question 3

what are the principles of criminal law?

Answer 3

Legality
Responsibility
Minimal Criminalization 
Proportionality
Fair labelling
Autonomy  v welfare

Question 4

Sources of Criminal Law – where does it come from?!

Answer 4

Statutes
Common Law (judge made law – ‘cases’)
Other sources: ECHR; EU Law; International Law

Question 5

what is a criminal trial?

Answer 5

Usually prosecuted by Crown Prosecution Service on behalf of the crown. The CPS decides whether to prosecute and for what offence

Question 6

where do criminal trials take place?

Answer 6

Trial will take place either in the Magistrates Court or in the Crown Court

Question 7

MAGISTRATE COURT ADD MORE

Answer 7

Magistrates court – lower court:
summary offences;
and either-way offences unless D elects to have a trial at Crown Court or MC thinks case should be tried in Crown Court
Lower sentencing powers
Tried by magistrates – either volunteers with assistance of legal advisor, or District Judge (who is a legal qualified magistrate)
No jury
The magistrates decide on questions of both law and fact and determine guilt
They also decide on sentence

Question 8

CROWN COURT ADD MORE

Answer 8

Crown Court
Indictable offences
And either-way offences where D elects for this or where sent by MC
Sentence limited only by the prescribed maximum for that offence
Trial by professional judge and a jury
Role of Judge: to decide matters of law; to direct jury; to decide on sentence
Role of Jury: to decide matters of fact and ultimately to determine guilt of defendant

Question 9

what is the Crown’s role at trial – to prove the case? ADD MORE AND EDIT

Answer 9

the Crown (Regina – R) must prove “beyond all reasonable doubt” that D committed the offence; and usually has to disprove beyond all reasonable doubt any defence that D raises
The burden of proof rests on the Crown (Woolmington; Art 6(2) ECHR)
But some exceptions to this (e.g. insanity defence; diminished responsibility defence)

Question 10

what is the Defence role at a trial? ADD AND EDIT

Answer 10

The defendant will be represented by own legal team
Their role to try raise a reasonable doubt with regard to case against them (but they normally do not have to prove anything)
If raising a specific defence, they will bear an evidential burden to show there is sufficient evidence to allow the defence to go to the jury – but they usually do not need to prove the defence
There are exceptions to this – notably, insanity and diminished responsibility

Question 11

what are Criminal Appeals?

Answer 11

See pp 11-14 of Child & Omerod
From MC: to Crown Court or by way of “case stated” to High Court
From CC: to Court of Appeal and from there (with leave) to the Supreme Court

Note – the cases that contain the rules/principles etc (binding or persuasive precedents)with respect to different criminal offences/defences, will have involved appeals to the higher courts – High Court; Court of Appeal; and Supreme Court (House of Lords)