Elevate your understanding of criminal law with these meticulously crafted revision notes. This document offers an in-depth exploration of crucial concepts, landmark cases, and legal principles, providing you with a solid foundation for exam preparation. Each topic is thoroughly explained, making i...
, INTRO TO CRIMINAL LAW
DEFINITIONS 4 KEY PRINCIPLES ELEMENTS OF A CRIME
❑ SUBSTANTIVE CRIMINAL LAW – ❑ PRINCIPLE OF ‘FAIR WARNING’ – law should be clear ❑ ACTUS REUS – this is an act, and
criminal offences that exist in our legal and accessible to the public. omission or a state of affair that is
system and the elements that must exist • The term ‘dishonest’ used in the Theft Act 1968 does the voluntary prohibited conduct
in order for an individual to be liable. not have a statutory definition. together with any required
❑ No universal definition of crime. ❑ PRINCIPLE OF ‘FAIR LABELLING’ – must be an consequences by the act.
❑ A crime is conduct that is forbidden by accurate/visible link between the label and the conduct. ❑ MENS REA – The mental element
the state for which there is a • Biggest criticism is to do with the law of murder. (guilty mind) or the fault element in
punishment. ❑ PRINCIPLE OF ‘WELFARE’ - law acts in a quasi- an offence,
• Lord Atkin supported this in paternalistic way by ensuring society is protected by harm
PATA v AGC (1931) including the victim and the accused. BURDEN/STANDARD OF PROOF
❑ Changing views on what is criminal e.g. • The difficulty is finding the balance between conflicting ❑ The standard of proof in criminal
when Sexual Offences Act 1967 interests. cases is ‘beyond reasonable doubt’.
decriminalised consenting homosexual ❑ PRINCIPLE OF ‘AUTONOMY’ –individual is subject to ❑ In civil cases it is ‘on the balance of
acts between those aged 21 and over. little restraint with minimal interference from another person. probabilities’
• Reduced to 16 in 2000. • The criminal law naturally restricts a person’s autonomy ❑ This is because in criminal cases the D
and this should be kept to a minimum. is at risk of losing his liberty if found
guilty.
SOURCES OF CRIMINAL LAW ❑ Innocent until proven guilty.
NEED FOR CRIMINAL LAW AND ITS ❑ Common law- years of judgement and decisions of the ❑ The burden of proof is on the
FUNCTION judiciary in the senior appellate court. prosecution, and must prove both
❑ The need for criminal law is to preserve ❑ Legislation- Statutes, other forms such as byelaws. AR and MR.
public order and decency, to protect the ❑ EU- in relation to criminal law member states decide that for
citizens from what is offensive or themselves
injurious, it is not a function of the law to • explains the lack of uniformity across states.
intervene in the private lives of citizens. ❑ ECHR - these apply to all natural persons.
❑ FUNCTION: ❑ International law - sets rules/policies that govern relations
1. Protection of individual rights between international states and their citizens.
2. Maintenance of public order ❑ The Law Commission was set up in 1965 to ensure that the
3. Enforcement of legal rules law is fair, modern, simple and cost effective.
4. Conferral obligations ❑ Draft Criminal Code- provides detailed definitions,
5. Punishment of behaviour explanations and circumstances to aid in the understanding of
contrary to legal rules and orders. the criminal law.
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