Criminal Justice System Flashcards
What is common law?
Referred to as the unwritten law as it is not framed by an act of parliament.
Examples: Murder Breach of the peace Perjury Self defence
What is statute law?
Based upon acts of parliament, these must be approved by the House of Commons and House of Lords and receive royal assent
What is case law?
Decisions made in the higher courts and accepted in the lower courts. Can evolve on a case by case basis
What is a statutory instrument?
These allow acts of parliament to be revised without using parliamentary procedures
What are bylaws?
Rules and regs enacted by an association, passed by a local authority and deal with local matters
What is criminal liability?
Actus reus
Men’s rea
What is actus reus?
The guilty act which must be proved beyond reasonable doubt
What is men’s rea?
The guilty mind
What is burden of proof?
The onus is on the prosecution to prove the guilt of the defendant, not on the defendant to prove their innocence. The degree of proof required is beyond reasonable doubt
What are the 3 categories of offence?
Indictable
Either way
Summary
What is an indictment?
An indictment is a formal accusation that a person had committed a crime. These are the most serious offences and can only be dealt with at crown court
What are triable either way offences?
Allows the defendant to choose between trial by jury on indictment in crown court or summary trial in magistrates court
What is a summary only offence?
An offence that can be proceeded against summarily without the right to trail by jury (e.g motoring offences)
What is criminal law?
Relates to offences that negatively affect a society as a whole rather than just one person
What is civil law?
Is the system of law concerned with private relations between members of a community
