Other
Cheatsheets Criminal Law SQE1 (FLK2)
- Course
- Institution
Cheatsheets Criminal Law SQE1 (FLK2)
[Show more]
2 reviews
By: kevonwillis180 • 8 months ago
By: benveversaberdeen • 1 year ago
Seller
Follow
studentrechten1200
Reviews received
Content preview
CRIMINAL LAW Sara AhmedPROSECUTION
COURT
Generally, the state, in the form of the Crown Prosecution Service (‘CPS’),
All criminal offences, be they motoring offences or murders, start in the
brings criminal cases to court. The CPS prosecutes on behalf of the Crown
Magistrates’ Courts. More serious offences then progress to the Crown
(‘Regina’). Therefore, a criminal case is named ‘Regina versus’, ‘Regina and’, or
Court. Remember on exam = always first magistrates!
‘The Crown and’ in court. This is very often shortened to ‘R. v’.
STANDARD OF PROOF
In all criminal cases, the burden of proving that a crime has been committed is on the prosecution.
‘The defendant is innocent until proven guilty” defendant does not have to prove anything, it on the prosecution. Beyond reasonable doubt!
There are certain circumstances where the defendant does have some burden of proof. Although the prosecutor must prove the elements of every offence, if
the defendant wishes to raise certain defences, the defendant will have the burden of proving the defence, on the balance of probabilities’
The defence has the burden of raising certain defences (such as self-defence), but once raised, the prosecution has the burden of disproving the
defence beyond reasonable doubt
Standard of proof in criminal cases Is beyond a reasonable doubt.
However, where the burden of proof is reversed (see above), the civil standard is used (that is, ‘on the balance of probabilities’ or ‘it is more likely than not’
that the defendant has made out the defence).
ACTUS REUS + MENS REA
A criminal offence usually requires a physical act (actus reus) and a mental state (mens rea) to occur at the same time (that is, concurrence).
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller studentrechten1200. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.54. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
56326 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now