rules and theory

Question 1

state the main sources of English criminal law

Answer 1

• Acts of Parliament (Theft Act 1968, OAPA 1861)
• created by judges (conspiracy to corrupt public morals)
• interpret by judges (RvR and women, Barton & Booth for test of dishonestly)

Question 2

explain the difference between actus reus and mens rea

Answer 2

• actus reus - physical element (what D has or hasn’t done)
• mens rea - mental element (D’s intention)

Question 3

what are the aims of criminal law?

Answer 3

• deterrence/corrective justice to encourage people not to commit crime
• educating offender to alter behaviour and avoid reoffending

Question 4

explain the principle of fault in criminal law

Answer 4

• an offence (criminal) or negligent (tort)
• liability is based upon fault
• links to innocent until proven guilty
• defences occur to make sure fault is attached correctly

Question 5

what is meant by the right to remain silent?

Answer 5

• D doesn’t need to incriminate themself while being questioned by the police