Lecture notes
Actus Reus
- Institution
- PEARSON (PEARSON)
class notes on Actus Reus
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Actus ReusBritish Law
More laws are created every year than are removed, and they tend to
reflect the social conditions and concerns of the time. For example, in the
1990s there were a lot of problems with ‘raves’ in abandoned buildings, so
this was reflected in the criminal justice act of 1994. These are still in effect
today. However, so is a law which says you cannot fire a cannon within 300
yards of a dwelling.
Some of the sections of old acts remain very relevant and in force and some
will gradually fall out of regular use as social conditions change, but they
often remain on the statute book.
The public Interest
When deciding which crimes to prosecute, the police and the CPS must
decide if
The evidence threshold test has been met
It is in the public interest
For an offence to be in the ‘public interest’, there are a number of factors
that must be considered.
How serious is the offence?
o Does this person pose a danger to the public? This is something
that can often change over time, due to changes in social
attitudes. Consider racial abuse or sexist attitudes.
Is the prosecution a proportionate response?
o Would a talking to by police be a more efficient way of feeling
with things?
The victim
o Who is the victim? Is prosecution likely to deliver justice.
Types of offences
Generally, there are three main offence categories:
Offence against a Offence against Offence against
person property public order
Direct physical harm or This type of crime is Any offence which is
force applied to usually undertaken for caused by public
another person financial gain. ‘disorder’
Fatal offences – Destroyed property – Examples: Riots,
murder/manslaughter Arson/vandalism violent disorders, being
Sexual offences – Stolen property – Theft drunk and disorderly.
rape/sexual of motor
assault/prostitution vehicle/burglary.
Non-fatal Non-Sexual –
Assault/GBH.
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