Introduction to Criminal Law Flashcards
What is the purpose of criminal law?
To protect individuals and their property from harm, to preserve order in society, punish those who deserve punishment.
What are the debatable purposes of criminal law?
educate society about appropriate conduct and enforce moral values
What are the sources of Criminal Law?
Common Law (or judge made law), statutory law (acts of parliament and delegated legislation).
What is the definition of a crime?
Conduct forbidden by the state and to which a punishment has been attached because the conduct is regarded by the state as being criminal.
What are the key ways in which crimes can be classified?
By Source, By Police Powers, By type of offence and by place of trial.
Where do the criminal justice system trials take place?
Either the Magistrates Court or the Crown Court.
What are the elements of a crime?
The Actus Reus and the Mens Rea
In criminal cases, who has the burden of proof?
The Prosecution. The defendant is presumed innocent until proven guilty.
What is the standard of proof which the prosecution must prove?
The standard of proof is BEYOND REASONABLE DOUBT.
What is an indictable only offence
An Indictable only officence is a serious offence. Indictable only offences include, Murder, Manslaughter, robbery; causing grievous bodily harm
with intent; and wounding with intent.
Where and how are indictable only offences tried?
Cases involving indictable only offences must be tried in the Crown Court. If the
Defendant denies the offence, a jury of 12 randomly selected members of the
public will decide whether he is guilty or not
What is a Summary only offence?
Summary only offences are relatively minor criminal offences.
Where and how are Summary only offences tried?
Summary only
offences are tried in a magistrates‟ court either by a “bench” of 3 lay magistrates
who are assisted by a legally qualified clerk or by a legally qualified district judge.
What are Either Way Offences?
Examples include assault occasioning actual bodily harm; wounding or
inflicting grievous bodily harm contrary to s.20 Offences Against the Person Act
1861; burglary; and theft.
Where and how are Either Way Offences tried?
Either way offences can be tried either in a magistrates‟ court or in the Crown
Court.
