Lecture notes
Criminal Law and Justice
- Module
- Criminal Law
- Institution
- The University Of Sheffield (TUOS)
Criminal Law and Justice
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Criminal Law and JusticeDAY 1
9000 offences in English criminal law
“crime is a matter of who can pin the label on whom, and underlying this socio-political
process is the structure of social relations determined by the political economy” – Chambliss,
1979 (Sociological Definition)
“an act capable of being followed by criminal proceedings having a criminal outcome, and a
proceeding or its outcome is criminal if it has certain characteristics that mark it as criminal”-
Glanville Williams, ‘The Definition of Crime’ (Logical Definition)
Principle – idea/rule that can control how something should work
Criminalization and the harm principle – “The only purpose for which power can be rightfully
exercised over any member of a civilized community against his will is to prevent harm to
others “– John Stuart Mill (On Liberty), 1859
o Contrast with Lord Devlin (The Enforcement of Morals), 1965 – ‘collective judgment
of a society should guide enforcement of laws against both private and public
behavior that was deemed immoral.’
Sources of Criminal Law
o Statutory Offences e.g., Theft Act 1968
o Common law offences e.g., murder, manslaughter
o Interaction and Interpretation e.g., Look at Theft Act 1968 (s.3), R v Morris
Appropriation is the assumption of at least one right of the owner
HRA 1998 transposes the European Convention on Human Rights (ECHR) into English law.
DAY 2
The Purposes of Criminal Justice System
The criminal justice system is a complex social institution; symbolic, cultural and political
significance; expansive reach.
The 3 criminal justice systems of the UK are; England and Wales, Northern Ireland, and
Scotland.
Crime Justice Process
Plea (?), Remand (?)
Overall, there are no suspects found in 43% of recorded crime.
o In 35%, there isn’t enough evidence or the victim does not support the action.
o In just 8% is the suspect charged or summonsed, meaning that the case is heard at
court.
o In 4% there is diversion
Both the evidential test (has to be satisfied first) and the public interest test must be passed
(both from the Code for Crown Prosecutors, 2018)
A prosecution will usually take place unless the prosecutor is satisfied that there are public
interest factors tending against prosecution which outweigh those tending in favour.
Levels of courts in England and Wales
o Magistrates’ court – presided over by magistrates or District Judges
o Crown Court – deals with more serious cases, heard by judges and juries (12 selected
members of society, appeal of magistrate court
, o Court of Appeal – deals with appeals against conviction and sentences from the
crown court
o Supreme Court – final court of appeal in UK
Types of offences:
o Summary only offences – less serious, six months in custody, always tried in
magistrate
o Indictable offences –
o Either way offence – can be tried either summarily or indictable
Herbert Packer (1968) The limits of the criminal sanction
Ministry of Justice: Purposes for Justice
o Protect the public from serious offenders, and improve safety and security of prisons
o Reduce reoffending
o Deliver swift access to justice
DAY 3
Actus Reus (Guilty Act) (all crimes require this)+Mens Rea (Guilty Mind)(all crimes do not
require this)+No defence(Only considered after AR and MR are first established)=criminal
liability
Three elements of Actus Reus
o Conduct (+consequences) (all crimes require this)
o Circumstances
o Causation (not all crimes require this)
Types of crime
o Result crime: Conduct/consequences+circumstances (?)+causation = AR.
Require causation. It is a 2 part legal test; factual cause+legal cause
Factual cause; Did the result come about because of the defendant’s conduct.
‘But for’ test. If the same thing would have happened anyway, there is no
factual cause.
If there is factual cause you move on to legal cause; Can the result fairly be
considered the defendant’s fault? 3 tests to be done
Conduct must be ‘more than de minimis’, contribution has to be at
least slight/significant, but does not need to be major.
Conduct must be blameworthy. Blameworthy must have caused the
result.
Conduct must be an operating cause of the result at the time, i.e.
chain of causation must not be broken.
o Intervening acts-victim’s conduct-
thin skull rule; when the victim is unusually
vulnerable, does the victim’s vulnerability break the
defendant’s chain of causation? e.g. pre-existing
physical conditions, pre-existing religious
conditions. Does not.
Fight or flight; where the victim brings about their
own harm by attempting to escape the threat posed
by the defendant. Does not.
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