intro

Question 1

What is the difference between criminal law and the criminal justice system?

Answer 1

• Substantive criminal law is concerned with learning to identify criminal offences and how to apply the law to the facts.
• The criminal justice process involves litigation, evidence and sentencing from the initial allegation right up to trial and possible conviction.

Question 2

What are the 3 types of offences?

Answer 2

Summary

• least serious (assault/ criminal damage)
• They can only be tried in the Magistrates’ Court, and the punishment that can be imposed is subject to the maximum that the Magistrates have the power to impose,

Indictable-only (murder/GBH/robbery)

• They can only be tried by a judge and jury in the Crown Court.
• The maximum penalty is imposed by the statute creating or regulating the offence.

Either way (assault occasioning ABH & theft(

• can be tried in the magistrates or crown court
• The decision as to which court should try the offence is initially made by the Magistrates, in whose court all criminal cases commence.

Question 3

What is a crime?

Answer 3

a crime represents society’s interpretation of the difference between right and wrong.

Question 4

What is the purpose of sentencing?

Answer 4

Aims are punishing and reforming offenders, reducing crime and protecting the public.

Question 5

To what standard do crimes need to be proved?

Answer 5

Beyond reasonable doubt (Woolmington v DPP)