What is criminal law? Flashcards
What does a crime involve?
behaviour for which a person may be subject to criminal prosecution and punishment and for which that person may incur a criminal conviction.
What does HM revenue and custom offer people before prosecuting them for fraud or tax evasion
Give them the option to pay a tax penalty on top of any tax they failed to declare
what does contempt of court result in (refusing to comply with court order for example)
committal to prison without any accusation of criminal behaviour. if you apologise to the court and comply with the original order (‘purge to your contempt’) they will let you out
failing to comply with a domestic violence injunction
could see an offender arrested by police despite the fact the injunctions are imposed by civil courts
Common factors in strict liability
- low moral stigma (e.g society won’t look down on you as much as a murderer)
- regulatory Nature of offence (deals with low moral issues such as road traffic and health and safety)
- difficulty in proving guilty mind
Establishing criminal liability
Where the accused (or defendant) is charged with a criminal offence (or series of offences) his guilt or innocence will depend:
On questions of criminal law (what exactly must the accused have done and why?) ; and also
On questions of evidence or proof (can the prosecution – or in some cases the defence – prove what really happened? If they have gathered evidence illegally or unfairly, will they be allowed to use it? If a key witness has died, can a statement he made before his death be read out in court? Can the court or jury be told about the accused’s criminal record? And so on)
the criminal trial
There is an important division of functions in a trial by jury. It is less clear cut in a trial in a magistrates’ court. Where there is a dispute as to the law or as to the admissibility of evidence, the trial judge has to decide it . He may not let the jury even hear about some items of evidence. He will explain the law to the jury and warn that they must accept his interpretation of the law. Where the dispute is as to what really happened, it is for the jury to decide on the basis of whatever evidence the judge allows the parties to call, and as a general rule the jury may only convict if they are sure (beyond reasonable doubt) that the accused is guilty.
the burden of proof and the presumption of innocence
the prosecution ordinarily have the burden of proving the defendants guilt beyond reasonable doubt
presentation of the prosecution case
Note that the prosecution will always present its case first.
The defendant does not (usually)have to prove anything.
The defence can cross-examine prosecution witnesses. The prosecution must establish a basic (or ‘prima facie’) case (i.e. they must come up with evidence that if believed is at least capable of proving guilt) failing which the defence make successfully submit that there is ‘no case to answer’ and the court will acquit. If it is a jury trial, the jury will be directed (i.e ordered by the judge) to acquit.
If the prosecution do establish a basic case the defence will then call evidence of their own, usually starting with evidence from the accused himself, although he does not have to testify if he does not want to
closing submissions and the judge’s summing up
At the end of the trial the legal representatives for each side will make a closing address to the court or jury, summarising their cases and suggesting conclusions that can be drawn.
In a jury trial, the judge will sum up the case for the jury and direct them on the law.
How much of this do you think the jury is really capable of taking in? Not much!
verdict and sentence
The court or jury will then retire to consider their verdict. If they convict, the judge will pass sentence (usually after first adjourning the case for reports).
appeals
Following conviction, defendants have certain rights of appeal, if they can show grounds for such an appeal. In contrast, the prosecution has much more limited rights of appeal, especially following acquittal by jury.
