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  7. A2 Unit G153 - Criminal Law

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Rules and Theory of Criminal Law
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The notes are based on OCR, A level Law second edition book. In this document I am explaining the Rules and Theory of Criminal Law mainly based on the text book, which might help you to prepare for you Law exam. Thank you for your attention adn Good Luck!

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  • March 18, 2023
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  • Fiona rankin
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Definition: Crime is a conduct which is forbidden by the state and its law, which provides
punishment and sanctions for that conduct. It shows what is acceptable and unacceptable
behaviour in the UK. There are offences which can be committed by British citizens abroad
but prosecuted in the UK under English Law.
Sources of Crim Law: there are 3 main sources: Acts of Parliament and Judicial
Interpretation of law, or law made by judges. Majority are Acts of Parliament:
Theft Act 1968, Offences Against The person Act 1861 etc. the example of law made by
judges is offence of conspiracy to corrupt public morals, which was made in
Shaw v DPP. The example of judicial interpretation can be R v R, in which, husband was
guilty for raping his wife, but it was legal before 1991 and judicial interpretation, which
changed the law and public views about it.
Elements to be liable: Actus reus and Mens rea. Actus reus-physical element, what has
Defendant done, Mens rea- mental element, intention, recklessness. Each crime has its own
mens rea and actus reus: Theft: Dishonestly Appropriating Property Belonging To Another
With The Intention To Permanently Deprive The Other of It: Permanently deprive and
dishonestly doing are mens rea, whereas others, actus reus. Some crimes require
recklessness or intention to actus reus. Strict liability crimes don’t need the proof of mens
rea, such as, driving offences (speed limit).
CPS prosecutes defendants, and the procedure starts in Magistrates Court and depending
on the nature and seriousness of crime it might go to Crown Court. Both sides need
substantial evidence to win the case, and the sentence will be decided by the court, based
on 5 sentencing aims.
Burden of proof and standard:The burden of proof is on the prosecution to prove that the
defendant is guilty beyond a reasonable doubt. The standard of proof is beyond reasonable
doubt. As for insanity defence, the burden of proof will be shifted on Defendant to prove that
defence on the balance of probabilities (standard of proof), this shift is called reverse onus.
● Overall: criminal law is connected to morality and delivers justice for all by punishing,
convicting and helping offenders to stop criminal behaviour (5 aims of sentencing).

● The general presumption is that the liability is based upon a fault: a person shouldn’t
be held liable unless they are at fault (criminal offence).

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