Summary AQA A Level Law Paper 1 Criminal Law Booklet
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Course
Paper 1 - Criminal Law
Institution
AQA
AQA A Level Law Paper 1 Revision Booklet. Summaries each offence you will need to aim to achieve A/A* in your exams. Contains everything you need for paper 1 - from non-substantive, to substantive, and concept questions. Includes -
- murder, LOC, Diminished Responsibility
- Capacity Defences
-...
,Context –
The Nature of Law and English Legal System –
- The nature of Law
- Statutory Interpretation
- Judicial Precedent
- Criminal Court and Lay People
o Criminal Courts
o Sentencing
o Lay Magistrates
o Juries
- Legal Personnel
- The Judiciary
- Access to justice and funding
Criminal Law -
- Rules of criminal law
- General Element of Liability
- Fatal Offences
o Murder
o Voluntary Manslaughter
Loss of Control
Diminished Responsibility
Diminished Responsibility + Intoxication
o Involuntary Manslaughter
Unlawful Act Manslaughter
Gross Negligence Manslaughter
- Non Fatal Offences
o Common Assault
o Common Assault Battery
o S47 ABH OAPA
o S20 GBH OAPA
o S18 GBH OAPA
- Theft
- Robbery
- Attempted Offences
- Capacity Defences
o Insanity
o Automatism
o Intoxication
- Necessity Defences
o Self Defence
o Duress
o Duress of circumstances
Concepts
o Law and Justice
o Law, Society and Fault
o Theory of Law
o Reform of Non-Fatal Offences
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, 3.1 – The Nature of Law and the Legal System –
The Nature of Law –
Character of Rule – in all societies to keep order. Developed by the Rules are obeyed as they: -
norms of behaviour – accepted as normal. Twining and Miers – - Carry a sense of moral obligation
‘general norm, mandating or guiding conduct’ - Reasonable and relevant
Rule – something that determines the way we behave. There are: Penalty may be imposed if they are broken.
- Legal consequences or Criminal Law – sets out type of behaviours forbidden and risk of
- We submit voluntarily as it is in line with moral code. punishment. If commit a crime against the state, CPS prosecute.
Moral Rules – rules become ‘harden into our rights’ –widely accepted Also known as public law (all have the right to know about crime
then they become law. Common law links to it. They develop over and outcome). If found guilty – criminal courts have right to punish
time, ought to be obeyed, enforced by community, voluntary. in accordance to laws maximum sentence. A criminal case has R
Moral rules are obeyed because of: - (Regina) before or two names. Criminal responsibility – age 10.
- Disapproval by the community at large Civil Law – private disputed between individuals and/or business.
- Disapproval by family Aim is to put you back into in to the position should be in.
- Self-guilt. Tort Law – occurs when civil law holds that ,even though there is
Legal Rules – safeguards us from dictatorship. no contract, one person owes legal responsibility / care, and has
Law is a formal mechanism of social control, and set of rules is been a breach. Once breached, then person affected can make a
imposed and enforced by the state. It is a system of courts that apply claim. If successful, court awards damages (money / injunctions).
and enforce the law if broken. Criminal rules are enforced by police Examples – negligence, nuisance, occupiers liability.
and courts. Change instantly, must be obeyed, enforced by courts, Contract Law – where parties made agreement and each side has
obligatory. put something into agreement. One party not kept their side, other
Penalties: - brings claim of money. If successful, award remedy (money or do
- CIVIL – compensation, damages, orders what they originally should have done).
Human Rights – Human rights act of 1998. European Convention of
- CRIMINAL – imprisonment, fines, community service.
Human Rights, must be upheld in courts and can take case to
European Court on Human Rights. If breach, award in
Criminal - Civil
compensation and injunctions.
- To maintain law, order, - To uphold an individual and Examples – A5, Right to Liberty, A6 Right to fair trial, A8, Right to
protect society and put back in position. respect private life.
punish - Individual / business who Sources of Law –
- State, police, CPS rights affected. Custom – rule of behaviour developed – basis of common law.
- Prosecutor - Claimant Judges previously made some decisions. Coke – ‘one of main
- Magistrates / Crown - County, High Court, triangles of laws of England’
- Beyond reasonable doubt Tribunal. Common – basis of our laws, unwritten, developed by Judges,
- Very high standard proof - Balance of probability example (murder, contract, or tort). Judges can instantly change
- Lay Magistrate, District - Lower standard of proof. when a new case comes to relevancy.
Judge, or jury - Judge – very rarely a jury Statute – highest ranking through Act of Parliament, amended and
- Guilty / Not guilty - Liable / not liable. new created. Slow / many experts consulted – deal with technical.
Double Liability – Occasionally – civil and criminal. – Ian Tomlinson
- Prison, fine, probation. - Damage injunctions.
– protest – killed unlawfully by police officer – manslaughter. Tort –
duty of care.
Statutory Interpretation –
- How judges interpret law from Act of Parliament. Why statutes need interpreting –
The need for statutory interpretation – A broad term – may be words designed to cover several possibilities,
Many acts of parliament are passed each year. Meaning should be which can lead to problems as to how wide this should go.
clear and explicit so can be enforced correctly, but not always Changes in use of language – meaning of words change over years.
happens. Parliament will sometimes include interpretation sections New developments – new technology may mean the old Act does
which define certain words within Act. Interpretation Act 1978 cover present day situations.
passed to help judges with general words used in statutes. Drafting Error – counsel who drafted the bill, may have made an
Examples include – He also include she, singular includes plural. error which not been noticed – bill amended several times.
Many cases come due to dispute over the meaning of an Act. Ambiguous or obscure language – word has 2 or more meanings
and may not be clear which meaning would be used.
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, The Literal Rule – courts will give words there plain, ordinary, natural The golden rule – judges decide that the literal rule produces absurd results
meaning, even if results not sensible. Oldest form. First rule applied by when interpreting statute. Extension of literal rule.
judges. Without judge seeking to put gloss on words or seek to make sense NARROW – only choose between meanings of word / phrase – one meaning
of statute. – use that. Adler v George 1964 – ‘in the vicinity.’
Fisher v Bell 1961 – flick knife in the window, offer for sale WIDE – words have one clear meaning which leads to objectionable
Advantages – follows wording of parliament, prevents unelected judge situation. Use rules to modify words to avoid absurdity.
making law, makes law more certain, easier to predict how judges will RE Sigworth 1935 – Son murdered mother. – inherit in her issue.
interpret. Advantages – respects words of parliament, allows judges to choose
Disadvantages – not all acts perfectly drafted, words have more than one sensible decision, avoids worst results of the literal rule.
meaning, can lead to unfair or unjust decisions. Disadvantages – only used in limited situations, not possible to predict when
court would use it, ‘feeble parachute’ – Zander.
The Mischief Rule – used to look back at gap in previous law and interpret
act to cover. Ambiguity in statute. Courts role is to suppress mischief act – The Purposive Approach – looks to see the purpose of the law when
aimed at and advance the remedy. interpreting statute. Used by progressive judges, used for interpreting EU
Hayden’s case 1584 – 1. What was common law before the act was made? Laws – different languages. Spirit of the law. Recommended by law
2. What was mischief and defect for when common law was not provided? commission and EU. Extension of mischief as not looking to see gap in old
3. What was remedy hath resolved and appointed. law but decide what parliament meant to achieve new law.
4. The true reason for remedy. Pepper v Hart 1993 – Teacher pay tax on incentives. Act – used example.
Smith v Hughes 1960 – ‘in the vici’. Balcony – part of a house cannot solicit. Advantages – leads to justice, new development in technology, avoids
Advantages – promotes purpose of law, fills gap in law, produces just absurd decisions. Disadvantages – hard to find parliament intention,
result. Disadvantages – risk of judicial law making, not as wide as purposive, uncertainty in law, judges make law.
makes law uncertain, looks back at old law.
External Aids – matters outside the act, some external sources can help
Internal Aids – matters within statute itself – helps to make meaning explain the meaning of an Act. Sources are – previous acts on same topic,
clearer. Court considers – long and short titles, preamble. – example Theft historical setting, earlier case of law, dictionaries of time.
Act 1968 – interpretation sections. Headings, marginal notes that explain Courts had strict rules that above not used yet attitude regarding following
different sections. has changed – Hansard (official report from when act debated), Reports of
Harrow LBC v Shah and Shah 1999. Law reform bodies such as Law Commission, international conventions,
regulations of directives implemented.
Effect of EU Law – purposive is preferred by most European countries. Use of Hansard – 1992 not allowed. Lord Denning tried attack ban –
Means judges, are more likely to apply it to English Law. They prefer the admitted read deciding Davis v Johnson 1979. Disapproved by House of
purposive approach because it includes interpreting national law in light Lords. Case of Pepper v Hart 1993 – relaxed rule and accepted could be
and aim of EU law. Approach adopted by European Court of Justice. used. 1/7 judges disagreed with use. Can be considered when the words of
Theory of Rome – ensures a significant outcome comes from purposive. act are ambiguous or obscure. Should only be used if there was a clear
Effect of Human Rights Act 1998 – S3 says that legislation must be read and statement by minister introducing legislation, which resolves ambiguity or
given effect in a way which is compatible with rights in the European absurdity. Wider use when considering Act that introduced international
Convention. Applies to any case where rights concerned. convention. – adds 25% to the bill. Shown that use not been helpful – same
Mendoza v Ghaidian 2002 – same sex partners had right to take over. conclusion reached.
2014 – house of lords confirmed court of appeal’s decision in Fisher v Bell. Reports of law reform bodies – used to believe reports not used. Relaxed in
Even though left the EU, the UK is still a participant in ECHR. Black – Clawson case 1975. Use to discover mischief or gap in law. With
increased use, courts become more prepared to look at Law Commission
reports.
Judicial Precedent –
Majority of Law comes from parliament and is known as primary legislation, Doctrine of Precedent – courts must follow the decisions of courts
statute, act, or legislation. Parliament make law a law. It then becomes illegal to above them in the hierarchy or their own past decisions. The common
do something. Taken to court, court realizes law made by Parliament does not law was developed through precedents and although most our law
cover the issue but believe it is wrong, judge creates new law or adds detail. originates via Parliament, common law is still hugely important
Judicial Precedent – source of law where past decisions of judges create law for source.
future judges to follow. This is known as case law, common law, precedent, or Stare Decisis – stand by whatever has been decided and do not
authority. unsettle established. Support idea of justice and fairness, provides
Types of Precedent – level of certainty. When a point of law is the same in present case
Original – if point of law in case never been decided before, then whatever judge court should follow previous decision made.
decides in that case will form new precedent for future cases. Judges may look at Schweppes LTD 1965 & Automatic Telephone 1965 – same point.
similar cases for guidance that closest to legal principle – Caparo v Dickman 1990 Hierarchy of Courts – E & W our courts operate a very rigid doctrine
Binding – this is precedent from previous case that must be followed even if judge of judicial precedent with effect that every court is bound to follow
does not agree with legal principle. Only created when the facts or the second any decision made by court above it in hierarchy. Appellate courts
case are sufficiently similar to original case. Decision must also made by a court bound by past decision. Exceptions – human rights or decision is from
senior. court of justice of EU.
Persuasive – precedent that is not binding on court, but judge may consider it and Hierarchy of Civil Courts – Supreme Court – court of appeal (civil
decide it’s the correct principle so persuaded. division) – divisional courts – high court – county court – magistrates
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