intro to crim law Flashcards
what is law?
a body of rules created by law, that maintains social order
what sources are law in UK?
-legislation
-case law
-human rights
-retained European Union law
what are the types of legislation?
-statutes (acts of parliament)
-delegated legislation- statutory instruments, bye-laws
do both houses make up parliament?
yes- HOL and HOC
what is case law?
‘judge-made law’, where decisions made by higher courts are applied throughout all courts in England and Wales
what does the human rights act do?
gives effect to the European convention on human rights
what is the principle of legality?
where law must be capable of being obeyed and clear to the public
what is the principle of responsibility?
People should only be guilty in respect of conduct for which they are responsible
what is the principle of minimal criminalisation?
The criminal law should only prohibit something only if its absolutely necessary
what is the principle of proportionality?
Criminal acts should reflect the seriousness of the offence committed
what are summary offences only?
assault
battery
driving offences
mode of trial? -summary offences
magistrates court
tribunal of fact- summary offence
lay bench of magistrates
examples of offence- either way offences
theft
burglary
GBH
ABH
mode of trial- either way
magistrates court or crown court
tribunal of fact- either way
magistrates or jury
examples of offences- indictable only offences
murder
manslaughter
rape
robbery
GBH with intent
what is the burden of proof?
must prove that D committed the elements of the offence and that D had no defence- this is on prosecution
what is standard of proof?
when prosecution must prove guilt beyond a reasonable doubt- tribunal of fact must be satisfied so they are sure d’s guilt
what is reverse onus?
where D bears the burden of proving he is not guilty- Rare exception to general rule in woolmington (eg, insanity, diminished responsibility)
