Introduction to Legislation And Criminal Offences

Question 1

Common law

Answer 1

Common law are laws that apply across the whole of the country. Examples are murder and manslaughter.

Question 2

Statue law

Answer 2

This is the foundation to the current legal system. The houses of parliament make the final decision on which laws should be amended or created.

Question 3

Case law

Answer 3

There are interpretations of the law and as cases reach court Case Law is made with various decisions.

Question 4

Acts of parliament

Answer 4

The acts of parliament contain definitions of the offences, powers of arrest, and may contain penalties, such as fines.

Question 5

Statutory instruments

Answer 5

These allow details of an act to be revised without using parliamentary procedures. They are as much part of the law as the main body of the act of parliament.

Question 6

Byelaws

Answer 6

These are local laws which have been made by a local authority and approved by the secretary of state of the government. They usually deal with local matters. An example of this would be having dogs on leads in recreational areas.

Question 7

Summary only offences

Answer 7

These are dealt with in a magistrates court. Magistrates have limited powers of sentencing.

Question 8

Indictable offences

Answer 8

These cases take place in a crown court. Typically these are likely to be serious assaults, sexual assaults, murder, and so on. However every case begins in the magistrates court.

Question 9

Triable either way offences

Answer 9

The magistrates decide if the case will be heard within the magistrates court as a summary offence or in the crown court with more sentencing powers.

Question 10

Actus Reus

Answer 10

This is about a person’s actions or lack of. To be guilty they must have:

• Acted criminally in some way.
• Omitted to do an act, and the omission brought about a criminal outcome.
• Caused a state of affairs to happen (e.g. drinking alcohol and driving).
• Failed to do an act which was required, and which brought about a criminal outcome.

Question 11

Mens Rea

Answer 11

This is about a person’s thoughts or state of mind and is about having guilty knowledge.

• Dishonestly
• Wilfully
• Recklessly
• With intent

Question 12

Degree of proof required for criminal cases

Answer 12

Beyond reasonable doubt.

Question 13

Statutory defence

Answer 13

This is a defence written into law which, when present, prevents the suspect from being convicted. E.g. self defence.

Question 14

Points to prove

Answer 14

Every criminal offence has certain points which need to be proven to secure a conviction. Under section 1 of the theft act you must prove:

• dishonestly
• appropriation
• property
• belonging to another
• intent to permanently deprive