Criminal Law. Flashcards
What are summary offences.
A criminal offence that is only triable (summarily) in the magistrates’ court. In limited circumstances, specific summary offences can be dealt with in the Crown Court if attached to a relevant either-way or indictable-only offence in that court (section 40, Criminal Justice Act 1998).
What are common law offences ?
Murder, Manslaughter, kidnapping, assault or battery. Fraud, theft, violent crime, computer misuse.
What is the difference between a common law offence and a statutory offence?
Unlike Statutory Law, which is created through legislation by the Parliament, UK Common Law emerges from judicial decisions and interpretations. Over time, this body of case law has become a significant source of legal principles and rules in the UK.
What are the three categories of offences?
In England today there are basically three categories of offences: Summary Only, Either Way and Indictable Only. These are cases that (almost always) can only be tried in the Magistrates’ Court.
What are common law strict liability Offences?
Strict liability applies to offences for which the prosecution is not required to prove mens rea for one or more elements of the offence. What the defendant knew, believed, or intended is unlikely to be relevant. Guilt can therefore be established by the commission of an act regardless of mindset.
How to prove common law?
shared ownership of residential property.
joint leases or rental agreements.
bills for shared utility accounts, such as: gas. electricity. …
important documents for both of you showing the same address, such as: driver’s licenses. …
identification documents.
What is an example of an either way offence UK?
Either way offences
Theft.
Fraud.
Assault & GBH.
Possession of controlled drugs.
Supply of controlled drugs.
Possession of an offensive weapon.
Dangerous driving.
Certain sexual offences such as possession of indecent images.
what are examples indicetable offences in the UK
murder; manslaughter; wounding or causing grievous bodily harm with intent; rape and robbery.
Where are indictable offences trialed?
the Crown Court
As indictable offences are the most serious category of criminal offence they can only be dealt with in the Crown Court.
What are examples of summary offences ?
common assault, being drunk and disorderly, minor criminal damage (i.e. under £5,000), minor motoring offences.
What is strict liability law in the UK?
Strict liability applies to offences for which the prosecution is not required to prove mens rea for one or more elements of the offence. What the defendant knew, believed, or intended is unlikely to be relevant. any defence that a person did not know and had no reasonable cause to suspect that an offence had been committed, will be ignored”.
What are the 4 courts in the UK legal system?
Supreme Court.
Magistrates’ courts.
Crown Court.
Youth courts.
What cases do magistrates’ court deals with ?
A magistrates’ court normally handles cases known as ‘summary offences’, for example:
most motoring offences
minor criminal damage
common assault (not causing significant injury)
It can also deal with some of the more serious offences, such as:
burglary
drugs offences
These are called ‘either way’ offences and can be heard either in a magistrates’ court or a Crown Court.
What cases do the magistrates pass to the Crown Court ?
Magistrates’ courts always pass the most serious crimes to the Crown Court, for example:
murder
rape
robbery
These are known as ‘indictable offences’.
What cases do the magistrates pass to the Crown Court ?
Magistrates’ courts always pass the most serious crimes to the Crown Court, for example:
murder
rape
robbery
These are known as ‘indictable offences’.
Sentences a magistrates’ court can give
The court can give punishments including:
up to 6 months in prison (or up to 12 months in total for more than one offence)
a fine
a community sentence, like doing unpaid work in the community
a ban, for example from driving or keeping an animal
Courts can also give a combination of punishments - for example a fine and unpaid work in the community.
If the court decides your sentence should be for longer than 6 months, it can pass your case to the Crown Court for sentencing.
