Criminal Law Statute

S.8 Criminal Justice Act 1967

Proof of criminal intent

D didn’t necessarily intend/foresee the consequences of their actions just because they were probable.

Court must decide whether they did taking into account evidence and circumstances.

S.1 Law Reform (Year and a Day Rule) Act 1996

Abolished presumption that if an act/omission occurred 1 year and a day before the death it is not the cause of death.

S.2 Law Reform (Year and a Day Rule) Act 1996

Restricts institution of proceedings for fatal offences.

Only with consent of AG for offences where injury alleged as cause of death 3+ years before death or if previously convicted of offence connected with death on same evidence.

Definition of ‘fatal offence’ in Law Reform (Year and a Day Rule) Act 1996

Murder, manslaughter, infanticide, offence of which one of the elements causes death, assisted suicide, causing/allowing death of child or vulnerable adult

S.1 Infant Life (Preservations) Act 1929

Concerns children at/before birth (but capable of being born alive = prima facie from 28 weeks)

D who causes that child to die before it has an independent existence has committed offence of child destruction, <life imprisonment

Unless done in good faith = preserving the life of the mother

S.2 Infant Life (Preservations) Act 1929

If found at trial not guilty of murder/manslaughter/infanticide/s.58 OAPA → can be guilty of child destruction

If not guilty of child destruction → can be guilty of s.58 OAPA

S.58 OAPA 1861

Administering drugs or using instruments to procure an abortion.

Can be the pregnant person or another person

Intent to procure miscarriage possible whether or not she actually be with child

<life imprisonment

S.16 OAPA 1861

Threats to Kill

V or 3rd party

theatening to create fear

<10 years

S.18 OAPA 1861

Shooting/attempting to shoot or wounding with intent to do GBH

unlawful and malicious

intent to resist or prevent lawful apprehension/detainer of any person

<life imprisonment

S.20 OAPA 1861

Inflicting bodily injury = GBH (with or without a weapon)

Intent to cause some harm/recklessness (no requirement to foresee/intend)

<5 years prison

What is a wound?

break in continuity of whole skin

S.23 OAPA 1861

Maliciously administering poison/etc to endanger life/inflict GBH

<10 years

administer or cause to be administered

S.24 OAPA 1861

Poison/etc with intent to injure, aggrieve, annoy

<5 years

S.47 OAPA 1861

Assault occasioning ABH

<5 years

Definition of abortion

termination of pregnancy by registered medical practitioners

S.1(1) Abortion Act 1967

Not guilty if in good faith and:

• not past 24 weeks

• continuation risk of mental/physical health injury to mother (greater than that of the abortion)

• risk to mother’s life

• substantial risk that child would suffer serious mental/physical handicap

S.1(2) Abortion Act 1967

Mother’s actual/RF environment considered in determining risk

S.1(3) Abortion Act 1967

to be in NHS/approved hospital

medicine may be self-administered there following consultation

S.2 Abortion Act 1967

Notification of the termination must be given (fined if not) but not to be disclosed otherwise

S.3 Abortion Act 1967

The act applies to all parties involved, provided it was carried out properly and at an appropriate institution mother associated with (ie local hospital)

S.4 Abortion Act 1967

No one is under any duty to participate in an abortion if they conscientiously object

Doesn’t affect duty to participate in treatment necessary to save mother’s life/prevent serious injury

S.5(1) Abortion Act 1967

medical practitioners performing abortion do not violate Infant Life (Preservation) Act 1929

S.5(2) Abortion Act 1967

Anything to procure a miscarriage is unlawful unless under s.1(1) and the ground for termination is specified and accurate

S.1 Homicide Act 1957

Killing another in the course/furtherance of another offence (includes resisting/evading detention or arrest) shall amount to murder unless done with the same deliberate malice as required for murder otherwise.

S.2 Homicide Act 1957/S.52 CJA 2009

Diminished Responsibility

D not convicted of murder if

1) suffering from abnormality of mental functioning from recgonised medical condition at time of incident which

2) substantially impaired ability to understand conduct/form rational judgment/exercise self-control

3) explains act/omission relating to D’s involvement with killing

How can a factor ‘explain’ involvement with killing?

causes/significant factor in causing D to carry out their conduct

S.54(1) CJA 2009

Partial Defence of LOSC

Not convicted if

1) relevant acts/omissions resulted from D’s LOSC

2) LOSC had qualifying trigger

3) person of D’s sex and age with normal degree of tolerance and self-restraint in D’s circumstances might have reacted in same/similar way

What is the function of a partial defence?

not absolve defendant of guilty but can reduce seriousness of charges/sentencing

S.54(2) CJA 2009

Doesn’t matter if LOSC was sudden

S.54(3) CJA 2009

Circumstances include everything apart from things that affect D’s capacity for self-control (e.g. short tempered)

S.54(4) CJA 2009

LOSC doesn’t apply if acting in a considered desire for revenge

S.54(5) CJA 2009

Jury must assume this defence applies is raised with sufficient evidence unless prosecution proves beyond RD that it is not.

S.54(6) CJA 2009

sufficient evidence = enough for a properly instructed jury to reasonably conclude that the defence might apply

S.54(7) CJA 2009

if otherwise liable for murder → manslaughter

s.54(8) CJA 2009

If one party to the killing has this defence, it does not affect the murder conviction of any other party.

S.55(3) CJA 2009

Qualifying trigger - D’s fear of serious violence from V against D or specific other person

S.55(4) CJA 2009

QT - things done and/or said which constitute extremely grave character and caused D to have a jusitfiable sense of being seriously wronged

S.55(6) CJA 2009

QTs disregarded if caused by thing D said/did for purpose of providing excuse to use violence or constituted sexual infidelity

S.56 CJA 2009

abolition of CL defence of provocation

S.75A(1, 5) Serious Crime Act 2015

offence to stangle someone (or a battery than affects V’s ability to breathe)

<general magistrates prison limit and/or fine

S.75A(2-4) SCA 2015

Defence to show that V consented unless V suffered serious harm as a result that D intended/was reckless to

Must have sufficient evidence to raise issue and contrary not proved beyond RD

What does ‘serious harm’ mean?

GBH or wounding S.18 OAPA 1861

ABH S.47 OAPA 1861

S.71 (1-3, 5) Domestic Abuse Act 2021

Consent to serious harm for sexual gratification for any person (D, V, or other) is not a defence to offences of s.18, 20, and 47 of OAPA 1861

S.71(4) DAA 2021

Consent can be a defence to s.20 or s.47 offences if serious harm = only STI infection transferred in sexual activity, if V consented to sexual activity knowing/believing that D had the STI

S.1 Sexual Offences Act 2003

Rape = intentionally penetrates (anus, mouth, vagina) of another person with his penis without consent/reasonable belief (with regard to all circumstances)- >life imprisonment

S.2 SOA 2003

Assault by penetration = rape but with any other part of the body/anything else, in sexual nature

S.3 SOA 2003

Sexual Assault = intentionally touch another person of a sexual nature

no consent/RB

S.75-76 apply

S.4 SOA 2003

causes another person to engage in sexual activity without consent/RB

S.75-76 apply

What constitutes a ‘sexual activity’ that would lead to life imprisonment?

• penetration of own anus/vagina

• penetration of own mouth with another’ penis

• penetration with another’s anus with own body part or anything else

• penetration of another’s mouth with own penis

S.5 SOA 2003

Rape of a child under 13

Consent irrelevant

S.61 SOA 2003

Administering a substance, knowing that B doesn’t consent, with intent to stupefy/overpower B to enable anyone to engage in sexual activity involving B

S.62 SOA 2003

Offence with intent to commit SO, including aiding/abetting/procuring

If offence is kidnapping/false imprisonment

S.63 SOA 2003

Trespass with intent to commit SO

Knowing/reckless to being a trespasser

What can be trespassed against?

structures including tents, vehicles etc.

S.73 SOA 2003

Exceptions to aiding/abetting/counselling against a child

if for the purpose of protecting child from STI/physical safety/pregnancy/emotional well-being

Not for sexual gratification or encouraging illegal activity

S.74 SOA 2003

Consent = agree by choice, freedom and capacity to choose

S.75 SOA 2003

Evidential presumptions:
assumed no consent/RB (unless proved otherwise) if, at time or immediately before first act began:

• D uses/causes fear against V or other

• V unlawfully detained

• V asleep/unconscious

• V had a disability that prevented communication of consent

• V under influence of substance under S.61

S.76 SOA 2003

Conclusive presumption of no consent/RB if

• D intentionally deceived V as to nature or purpose of act

• induced consent by impersonating a person known personally to V

Define ‘nature’ of an act

what kind of act

Define ‘purpose’ of an act

why it is being done

S.78 SOA 2003

‘sexual’ = RP would consider the inherent circumstance or any person’s purpose in relation to because of nature/circumstances/purpose

What is an evidential presumption?

if proved by prosecution, the court presumes no consent/RB — unless evidence raised to doubt

What is a circumstantial presumption?

once proved by the prosecution, D cannot rebut it

S.34 Crime and Disorder Act 1998

Children over 10 criminally responsible

S.1 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

Insanity acquittal requires >2 registered medical practitioners

at least 1 must be duly approved = special experience in diagnosing/treating mental disorder

S.2 CPA 1991

unfit to plead due to mental state preventing participation → trial of facts

S.3-4 CPA 1991

If unfit to plead/insanity:

Hospital order (detailed schedule 1), guardianship order, supervision/treatment order (schedule 2 -alternative to hospital), absolute discharge

also applies in appeal cases

S.3 Criminal Law Act 1967

Use of force in making arrest - as much as reasonable in circumstances to arrest (whether confirmed or suspected) or prevent crime

S.76 Criminal Justice and Immigration Act 2008

Reasonable force for purposes of self-defence etc.

S.76(3-5) CJIA 2008

RF depends on reference to circumstances as D believed them to be

Whether D genuinely thought that is questioned on whether it was a reasonable belief

If D genuinely found to hold belief it is irrelevant if whether it was a mistaken belief

Cannot rely on mistaken beliefs if attributable to voluntary intoxication

S.76(6) CJIA 2008

RF for householders is anything not grossly disproportionate in circumstances

S.76(7) CJIA 2008

RF non-householders must not be disproportionate to circumstances

s.76(8) CJIA 2008

possibility of retreat considered in reasonableness but no duty to retreat rather than use force

Not able to use defence if possible to escape peacefully

pre-emptive strike can be reasonable

usually but not absolutely necessary to show attack imminent

S.76(9) CJIA 2008

May not be able to weigh force to exact measure

If honestly and instinctively thought necessary → strong evidence for RF

S.76(10) CJIA 2008

Legitimate Purpose = self-defence (including in defence of another person), property defence, prevention of crime, assisting lawful arrest

S.8 Accessories and Abettors Act 1861

anyonee aids/abets/counsel/procure commission of indictable offence liable as principal offender

S.2(1) Suicide Act 1961

Criminal Liability for complicity in another’s suicide

Offence=

1. act capable of encouraging/assisting another’s suicide/attempt

2. intention to encourage/assist

not necessary that D knows V

regardless of whether suicide/attempt takes place

D on trial for homicide and revealed that death was a suicide → this offence can apply

S.2A Suicide Act 1961

Acts capable of encouraging or assisting

If D arranges for D2 to do act capable of encouraging/assisting V and D2 doe this, D is treated as having done it themselves

Tried as if belief in efficacy of acts was correct

Includes threats and pressure

S.2B Suicide Act 1961

Act capable of encouraging/assisting suicide can include course of conduct

S.1(1) Criminal Attempts Act 1981

attempting to commit an offence

intent to commit offence + act which is more than merely preparatory to the commission of the offence

S.1(2) CAA 1981

guilt regardless if the facts are such that the commission of the offence is impossible

S.1(3) CAA 1981

D would only have intent for an act if the facts of the case were as he believed them

S.1(4) CAA 1981

Attempts can apply to all indictable offences except

• conspiracy

• aiding/abetting/counselling/procuring/suborning

• assisting offenders

  • accepting consideration for not disclosing information about an arrestable offence

S.44 Serious Crime Act 2007 Pt 2

Intentionally does an act capable of encouraging/assisting offence

Foreseeable consequence not equal to intent

S.45-46 SCA 2007 Pt2

Act capable of encouraging/assisting commission of offence believing offence will be committed and that it will encourage/assist offence

When applying to multiple crimes no need to know which crime specifically nor for prosecution to specify all potential crimes

S.50 Children and Young Persons Act 1933

Conclusive presumption = no child under 10 can be guilty of any offence

S.1(1-2) Infanticide Act 1938

Infanticide = woman by wilful act/omission causes death of her child <12 months

at time balance of mind disturbed by post-partum/lactation effects

if otherwise manslaughter/murder → infanticide (effectively manslaughter of a child)#

S.1(3) Infanticide Act 1938

Infanticide Act doesn’t prevent verdict of murder but insane or manslaughter

S.4 (1-2) Homicide Act 1957

Suicide Pacts

murder → manslaughter if killing/party to killing another member of a pact

defence must prove the killing was in pursuance of the pact

S.4(3) Homicide Act 1957

Suicide Pact = common agreement

2+ people

object of death for all parties (but do not have to take their own individual lives)

no actions treated as being done in pursuance of act unless done whilst one has a settled intention of dying in pursuance of pact

S.1 Suicide Act 1961

Not a crime to commit suicide

S.1 Criminal Law Act 1967

no distinction between felony and misdemeanour

S.44(1) Magistrates’ Courts Act 1980

summary offences

if D aids/abets/counsels/procures commission by another person of a summary offence shall be guilty of the like offence and can be tried in the court that the other person is tried in or in another court for his own offence

S.44(2) Magistrates’ Courts Act 19870

either way offences

if D aids/abets/counsels/procures commission by another person of an either way offence shall be guilty of the like offence and can be tried either way

Definition of ‘abet’

to assist or encourage

Definition of ‘procure’

to obtain/acquire/secure

definition of ‘suborn’

to bribe, incite, instigate

S.3 Theft Act 1978

Making off without payment

offence= dishonestly make off without having paid as expected/required knowing that payment on spot required/expected with intent to avoid payment of amount due

unless goods/service is illegal or payment for such is not legally enforceable

S.4(1) Theft Act 1978

Property = money and other property, real or personal, in action and intangible

S.4(2) Theft Act 1978

Cannot steal land unless:

• trustee/representative acts in breach of confidence

• appropriates something by severing it/already severed

• possession under tenancy appropriates fixture/structure