Criminal Law: Defintion

Follows Criminal Procedure

Distinct procedures and outcomes compared to civil law cases.

Case for Defining Features

Melling v Mathghamha [1962]

6 Features

1. Public Wrongdoing

2. Requires Proof of Mens Rea

3. Follows Criminal Procedure

4. Vocabulary of Criminal Law

5. Attracts Punishment

6. Administrative v Punative Sanction

Public Wrongdoing

A crime is a wrongdoing against both the victim and the community, prosecuted by the DPP in the public interest.

Mens Rea

The requirement of a guilty mind (intention or recklessness) for criminal wrongdoing.

Criminal Procedure

The necessity of following criminal procedure for an act to be considered a crime.

Criminal Law Vocabulary

Wrongdoing described using the terminology of criminal law is classified as a crime - DPP v Boyle [1994]

Attract Punishment

Criminal law focuses on punishing offenders, unlike civil law which seeks remedies - McLoughlin v Tuite [1986]

Administrative vs Punative Sanction

Administrative sanctions are not considered punishment; they serve legitimate administrative objectives - The Registrar of Companies v District Judge David Anderson and Service Partners Ltd [2005]

CAB case outlining criteria

Gilligan v CAB [2001]

Recent CAB case

CAB v Casey [2020]

EU case

Bendenoun v France [1994]