Introduction.

Question 1

What does substantive criminal law define?

Answer 1

The parameters of the criminal justice system by defining what is and is not a crime.
-Punitive?

Question 2

What is the role of substantive criminal law?

Answer 2

-Defines what is or is not criminal.
-Method of social control.
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Question 3

What did the Wolfenden committee (1957), view as the role of criminal law?

Answer 3

-Preserve public order and decency.
-Protect the citizen
-Safeguards against corruption and exploitation

It must not intervene in the private lives of citizens.

Should criminal law be used to impose society’s current moral standards on non-conformists?

Question 4

What are summary offences?

Answer 4

Less serious offences (magistrates)
-Without a jury
-Common assault and battery
-Drink driving offences

Question 5

What are indictable only offences?

Answer 5

Most serious offences (by jury in the crown court)
-Murder
-Manslaughter
-Robbery.

Question 6

What are triable either way offences?

Answer 6

Magistrates/crown courts
-Theft
-Handling stolen goods.
-Defendant can elect to be tried indictment before a jury, even when magistrates rule in favour of a summary trial.

Question 7

What are arrestable offences?

Answer 7

Allow for arrest without warrant.
-Generally maximum of 5 years in prison.

Question 8

What is the court structure?

Answer 8

1)Magistrate court (trail for most criminal offences, some civil matters

2)Crown court= Jury trial for all indictable and some either way criminal offences.
Appeals against convictions and sentences from the magistrate court.

3)High Court =Chancery, queens bench and family divisions.
Hear appeals from other courts including fist instances.

4)Court of appeal= Appeal only on points of law to either civil or criminal divisions.

5)Supreme court =Appeals on points of law only.

Question 9

What is the burden of proof?

Answer 9

The presumption of innocence means the prosecution has a legal burden of the defendant’s guilt beyond reasonable doubt.
Defendant has evidential burden and legal burden of proving defence on balance of probabilities.

Serious crimes, have to show evidence that the defendant had a particular state of mind when committing the offence =mens rea.