Block 1 Intro to Criminal Law & the Courts

Where do criminal cases start?

Magistrates’ Courts

What happens with serious cases in the Magistrates’ Courts?

They are referred to the Crown Court after a preliminary hearing

Where are cases for under 18s heard?

Youth Court which is part of Magistrates’ Court

What happens if a defendant pleads guilty?

No hearing of evidence is needed so the case moves straight to sentencing. The defendant will receive a sentence reduction of up to one third.

How many cases do the courts deal with each year?

Approx 1.5 million

What punishments can be sentenced by criminal court?

Imprisonment
A suspended sentence
A community sentence
A fine
Disqualification from an activity eg. driving or running a company
An order relating to treatment of mental illness
Conditional discharge

The purposes of punishment in criminal cases

Incapacitation
Rehabilitation
Retribution
Reparation

Decisions made by the CPS

Whether further evidence is needed
If further action is appropriate
If the case should go to court
The appropriate offence to prosecute

Police powers to help detect crimes

Surveillance of suspected people/premises
Searches of people, premises or vehicles
Interception of communications

Police should pursue…

All reasonable lines of enquiry, whether they point towards or away from the suspect. What is reasonable in each case will depend on the particular circumstances.

Police powers that enable them to collect evidence are set out in…

Police and Criminal Evidence Act 1984

Alternatives to prosecution

Penalty Notice for Disorder
Cuation
Community Protection Notice
ASB Injunction

What is the full code test?

Used by CPS to decide whether a prosecution should be brought

What is the evidential test in the Full Code Test?

Is there enough evidence that, when presented to a court, would more likely result in a conviction than not?

What is the public interest test in the Full Code Test?

Would prosecution be in the public interest?

7 Questions in the public interest test

• How serious is the offence?

• What is the level of culpability of the suspect?

• What are the circumstances of, and the harm caused to, the victim?

• What was the suspect’s age and maturity at the time of the offence?

• What is the impact on the community?

• Is prosecution a proportionate response?

• Do sources of information require protecting?

3 Types of Criminal Offence

Summary
Either-way
Indictable-only

Examples of a summary offence

Assault
Battery
Taking a conveyance (vehicle) without consent

Examples of an either-way offence

Assault (racially or religiously motivated)
Theft
Fraud
Criminal damage
Assault resulting in ABH

Examples of an indictable-only offence

Murder
Manslaughter
Rape
Robbery
Wounding with intent to cause grievous bodily harm

How can a victim challenge a CPS decision?

Victims Right to Review Scheme
If still unhappy - independent review

Is the UK legal system adversarial or inquisitorial?

Adversarial

Broadly, what is the role of a judge in an adversarial legal system?

To act as an umpire ensuring the defence and prosecution proceed fairly and abide by the rules. 

3 principals of the rule of law

1. State’s power must be controlled by law

2. No person is above the law

3. General constitutional principles are established by case law

Source of most law in the UK

Common law

Other sources of law in England and Wales

Primary & secondary legislation passed in Westminster or the Senedd
Derived European Union law - treaties, directives, regulations
Historical sources - previous parliaments or institutional writers
European convention on human rights 

What was Magna Carta?

A document that set out 63 rules King John agreed to and put his seal on in 1215

Who invited representatives of towns and shires to parliament in 1265?

Simon de Montford

Who sits in the House of Lords?

Hereditary peers, life peers and bishops

2 ways government can be held to account

Weekly questions from the opposition
Select Committees

Who is in a select committee?

MPs, Lords or a mixture of the 2

What does a select committee do?

Analyse and scrutinise policy
Call members of public or expert witnesses to answer questions
Produce a report with recommendations for the government
Gov usually respond within 60 days

What is parliamentary sovereignty?

The principle that parliament has under the English constitution the right to make or unmake any law whatever.
And further than no person or body is recognised by the law as having the right to override or set aside the legislation of parliament. 

Why isn’t parliamentary sovereignty enshrined in legislation?

Sovereignty means that parliament could unmake the law so it wouldn’t be an adequate way to secure the principle.
Most of the UK constitution is unwritten so this is not unusual.

What does stare decisis mean and what does it refer to?

“Let the decision stand” refers to precedent

Which part of a judgement is binding and what does the name mean?

Ratio decidendi - the reason for the decision

What is the non binding part of a judgement called and what does that mean?

Obiter dicta - things said by the way

What is the EHCR?

European Convention for the protection of human rights and fundamental freedoms

When did the UK ratify the ECHR and when did it come into force?

1951/1953

How can EHCR rights be enforced in criminal proceedings in the UK?

• Once all domestic remedies have been exhausted an appeal can be made directly to the European Court of Human Rights

• Most of the rights can be enforced in domestic courts

What is devolution?

The delegation of certain powers from Westminster Parliament to Scottish Parliament, Northern Ireland Assembly and Senedd Cymru (previously Welsh Assembly) that took place following acts of parliament in 1998

How does a green paper become an act of parliament?

Public consultation period
Findings used to create white paper
Cabinet ministers vote on whether this becomes draft bill
Draft bill introduced to parliament
Shaped during debates and votes in both houses
If passes final vote it goes to monarch for royal assent
Act of parliament is created

Formula for establishing criminal liability

AR + MR - D = L

Actus reus meaning

Wrongful act

Mens rea meaning

Blameworthy state of mind

3 types of crime

Circumstance crime
Result crime
Conduct crime

Circumstances crime meaning

satisfied only when the actus reus takes place in specific circumstances

Result crime meaning

satisfied only if the actus reus involves the bringing about of a particular result

Conduct crime meaning

satisfied if the defendant behaved in a particular way, without the need to show that this conduct caused any particular result

Crime that does not require mens rea component

Strict liability offences

The main forms of mens rea

Intention
Recklessness
Negligence

Exception for when MR is not present at the time of AR but is still considered relevant to liability 

Continuing act exception

Burden of proof for criminal prosecutors

Prove evidence that defendant is guilty of crime beyond any reasonable doubt

Burden of proof for defence

Only for certain defences, the defence must be proven to be more likely than not

2 reasons why fair labelling is important

Incorrectly labelled crimes often have very different sentencing guidelines
Different crimes have different views within society