Lecture notes
Criminal Law lecture notes
- Module
- Criminal Law (LW508)
- Institution
- The University Of Kent (UKC)
Criminal Law 2020/2021 First term week 3-14
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Criminal LawLW507;
Week 2,
Seminar 1:
Criminal Justice System
● A product of society and its nuances and its development is context dependent
● Way for society to declare what is/not appropriate and to set boundaries on interactions
between individuals
● Way of protecting those who are vulnerable and to punish those who act in ways that (1)
go against morals and (2) harm others
➔ To commit a crime;
is to break a law that offends,
[1] the individuals directly affected
[2] communal values that we hold
grave breaches for which someone must be held accountable
The state is trusted to hold these people accountable and punish them to;
a. Deter future offenders
b. Protect the vulnerable
c. Rehabilitate offenders
(1) The Actors
I. police (gatekeepers of CJS)
● 1. Investigate a crime
○ - mights not always do so, due to
1. A lack of resources
2. Feel complaint isn’t serious
○ - crimes + criminals may go unpunished
● Decisions of police impact who goes to trial + who may ultimately be punished
● First interactions of CJS
○ - negative interactions lead people to not seek justice
■ Ex. Racist (1) stop & search (2) murders
● 2. Identify suspects
○ - only same cases are recorded (due to disctimination)
○ - 28% of these cases have suspects, only when he/she has seen
● 3. Bring in suspect for questioning
Voluntary questioning
○ + suspects is asked to come into the station
Interview after the arrest
○ - suspects is arrested and is forcefully questioned
a. Informs suspect that they are under arrest
b. Told the reason of arrest
, i. - if not = unlawful arrest
c. Given statement that they have the right to free + independent legal
advice
*possible advice
1. Answer police questions + give an account
2. Provide written statement
3. Exercise the right to silence
● 4. Discretionary choice(s)
○ + Most serious offences are passed to CPS
○ Refuse charge (no evidence)
○ Issue bail for further investigation (no evidence, yet)
○ Issue a diversion (caution)
○ Charge (in conjunction with CPS)
■ 5. Custody sergeant determines
a. Grant bail
The ability for the suspect to leave police custody with a view that
they will return for their trial later
b. Do not grant bail
Without conditions
OR
With conditions
i. Not contacting victim (‘s family)
ii. Not leaving the jurisdiction
c. Keep defendant in custody
*in cases where it is expected that the defendant will not attend
the trial date + commit further crimes + interfere with witnesses
(2) The CPS
● Established under,
Prosecution of Offences 1985
○ - police before CPS (due to questioning of policies fairness)
○ + CPS represents the state in criminal cases
● Decides who to charge with what based on
a. Evidential determination
+ Objective assessment of evidence
+ Objective + impartial + reasonable jury/magistrates
b. Public interest
+ Seriousness of the offense
+ Harm caused to the victim
+ Impact on the community
, (3) The Courts
a. Crown Court
➔ Jury trials
➔ Judge, strict legal role
◆ Gives direction of the laws
◆ Decided issues of law
◆ No expression of views
◆ If found guilty, determines sentence
➔ Jury applies laws as seen fit
◆ Ages 18-75
◆ 5+ years residency in UK
◆ No mental disorders
◆ 12 person panel
b. Magistrates Court
➔ 94% of criminal cases
➔ Dealt with by panel of 3 magistrates
◆ Volunteers with no formal legal qualifications
◆ 1 experienced chair
◆ 2 wingers + legal advisor
➔ Quicker + less formal
*Magistrates, 1st instance
Where the case finishes depends on the classification of the offences involved
Determination occurs after the first court hearing where the defendant will plead guilty/not guilty
Decision on where a case will be heard depends on the offences committed
Summary Offences
Magistrates Court
Max, 6 months imprisonment OR fine
Ex. Common Assault
Traffic Violations
Public Disorder
Triable, Either-Way
Magistrates Court OR Crown Court
First appearance in Magistrates Court determines which venue is best suited
Ex. Burglary
Drug Dealing (low level)
Triable, on Indictment Only
Crown Court
Ex. Rape
Murder
, (4) Other Actors
Prison Service
Probation Service
Home Office
Ministry of Justice
Youth Justice
The Trial
Does Not occur for every case as,
a. Plead guilty early,
i. Reduced sentence
- Innocent defendants are likely to plead guilty to lesser crimes to avoid
conviction at trial
b. Pleads guilty at first instance,
i. ⅓ of sentence
ii. Gain access to interventions keeping them out of prison
- A defendant may plead guilty to a lesser crime to escape penalty of the
actual crime committed
c. Waits to plead guilty
i. Reduced sentence
- BAME defendants are more likely to be found as guilty (due to a lack of
trust) and are likely to receive harsher sentences, especially if they plead
not guilty before the trial
1. Plead not guilty
Crown Court
Judge + Jury
R [the state] v [the defendant]
● Elements and evidence must be proven in court
○ Presumption of innocence
A person is guilty until they are proven guilty
The state must meet the burden of proof
Prove the defendant is guilty beyond reasonable doubt
○ Burden of proof
Duty that encompases two connected but separate ideas that for establishing the
truth of facts in trial
○ Beyond reasonable doubt
Standard of proof required to validate a criminal conviction
Procedure:
1. Prosecution
1) Present case,
Opening speech
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