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Summary Criminal Law - General Principles (Notes)

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These notes cover most of the topics taught on the postgraduate conversion courses in the UK (the GDL and the PGDL). They can also cover many introductory papers taught on UK undergraduate Law degrees (LLBs). These notes include guidance on exam structure and technique where relevant. Compared t...

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  • July 19, 2023
  • 15
  • 2021/2022
  • Summary

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Criminal Law - General Principles

PART 1: Overview of Criminal Law

The Rule of Law as it applies to criminal law:

1) There can be no criminal liability except for conduct prescribed by law.
a) Conduct must fall within the definition of a criminal offence.

2) There can be no criminal liability unless the offender is convicted following a
proper trial, and the penalty on conviction must be within the limits prescribed by
law.

Stages of a criminal trial:

1) Police arrest and charge defendant (D)

2) CPS prosecute in the name of the Crown ®

3) D appears before magistrates’ court

4) Trial occurs in EITHER a magistrates’ or crown court

Crown Court - Trial Process:

1) Jury sworn in
2) Prosecution evidence - go first as they carry the evidential burden
a) Must establish the case for the defence to answer
b) Must prove guilt BRD
3) Defence evidence
a) Just need to raise the defence, but don’t have the evidential burden (it’s
up to the prosecution to then disprove the defence’s case)
4) Jury announce verdict

The burden of proof (all criminal courts):

- Lies with the prosecution - they must prove the defendant’s guilt (as per
Woolmington v the Direction of Public Prosecutions)
- Facts of the case:
- Mr W charged with wife’s murder, and argued it had been an
accident

, - Held:
- The HoL held that the prosecution had to prove that the
defendant (in the original case - Mr W) had intended to kill
his wife. It was not the defendant’s duty to prove that the
death was an accident
- View that any evidential burden on the defence violates Article 6(1) of the
European Convention of Human Rights, can be challenged under Human Rights
Act 1998.
- E.g. in R v Lambert [2001] 3 WLR 206

- Exceptions:

- Defendant has to prove defence of insanity at common law.
- Some statutory defences
- E.g. defence of diminished responsibility
- When raising a defence of duress (e.g. blackmailed into committing the
offence), the defendant needs to discharge the evidential burden by
recounting their version of events in the witness box.
- They don’t need to prove their defence as such - the prosecution
still need to prove to the court that the defence is untrue, beyond a
reasonable doubt

The Role of the Criminal Cases Review Commission (CCRC)

- Established by s.11, Criminal Appeals Act 1995
- Replaced the role of the Home Secretary
- Power to refer cases to the appeal courts, usually once all normal avenues of
appeal have been exhausted
- AIM - to prevent miscarriages of justice, especially after new evidence has
come to light or doubt is cast on evidenced used to convict the defendant
- E.g. as the Home Sec did with the Guildford Four and the
Birmingham Six.


Ways Offences are Established

- Criminal offences established either under statute or in common law.
- E.g. of a crime established under statute - theft: “A person is guilty
of theft if he dishonestly appropriates property belonging to another with
the intention of permanently depriving the other of it” (The Theft Act 1968,
s.1)

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