2. Programme Objectives
Develop effective study skills
Ability to organise your workload
Effective reading/listening/note taking
Introduce legal research skills
The ability to read and extract relevant law from cases and statutes
Self evaluation
Knowledge and understanding
Of the definitional requirements of criminal law
The ability to explain these requirements (with supporting legal authority)
Analytical (cognitive) skills
Develop legal reasoning skills, assess the merits of a case
Provide impartial advice
Exam skills
Complete a full and proper legal analysis under closed book, timed conditions
The ability to present a well structured, clear, grammatically correct, logical
piece of legal writing,
Know assessment criteria (check the VLE – Assessment folder)
3. What will you study on this course?
Substantive criminal law
Offences
( & some defences)
Each week will focus on learning the rules of the
offences (& defences) and how to use these rules
against given facts.
4. Why do we need Criminal law?
Crime and Punishment: s142 Criminal Justice Act
2003
• Punish the offender
• Reduce crime
• Reform and rehabilitate offenders
• Protect the public
• Reparation – compensating victims?
• You be the judge!!
www.ybtj.justice.gov.uk
5. Why do I need to complete a proper legal analysis?
The consequence of being convicted of a criminal offence can be huge and
devastating to an individual. Can you think of some reasons why?
Poor public perception of criminals
Impact on individual
Job prospects
Living environment
Social circle
Self esteem
This is NOT an exhaustive list
The criminal justice system is harsh, so students must make sure convict only
those who have breached ALL the rules…our job is to check this is the case and
review the validity/effectiveness of current law
6. Harold Shipman
Fred & Rosemary
West
Nigel Leat
Paul Wilson
The Krays
Thompson &
Venables
Delroy Grant
Great train
robbers
There are plenty who deserve the title…
7. …but we know the criminal justice system don’t always get it right!! (not
always the lawyers fault mind you)
Guildford 4 &
Gareth Pierce
(lawyer)
Barry George &
Mike Mansfield
(lawyer)
Kiranjit Ahluwalia
- Try to watch this film!
8. Rebecca Leighton, 27, told ITV1's This
Morning that she was unable to live a
"normal life" since being released.
Sam Hallam - spent
over 7 years in prison
for murder did not
commit
BBC News: Rachel Manning
murder: Police apologise to
Barri White and Keith Hyatt
9. What is a crime?
L. Farmer, ‘Definitions of Crime’ in P. Cane and
J. Conaghan (eds) The Oxford Companion to Law
(Oxford: OUP, 2008), 263–4
There is no simple and universally accepted definition of
crime in the modern criminal law, a feature that probably
reflects the large and diverse range of behaviours that have
been criminalized by the modern state. It is now widely
accepted that crime is a category created by law—that is, a law
that most actions are only criminal because there is a law that
declares them to be so—so this must be the starting point for
any definition
10. What is a crime?
“As a matter of analysis we can think of a crime as
being made up of three ingredients; actus reus,
mens rea and (a negative element), the absence of a
valid defence.”
D.J. Lanham [1976] Crim LR 276
11. Distinguishing Civil and Criminal Law:
Civil Law Criminal Law
• A breach of the civil
law is seen as a private
wrong
• Claimant
• Defendant
• Claim
• A breach of the criminal
law is seen as a public
wrong.
• Prosecutor (not the
victim)
• Defendant
• Prosecute or charge
11
12. Recognise the distinction between criminal and civil law
This is reflected in the parties to the proceedings.
• For example, Mandy punches Sid.
• The state (in the form of the Crown Prosecution Service)
will prosecute Mandy for the crime of battery.
• Sid will sue Mandy for the civil wrong of trespass to the
person.
12
13. Burden and Standard of Proof
• Burden of proof on prosecution
• Must prove matters “beyond reasonable
doubt”
• Woolmington v DPP
13
14. Explain the difference between indictable offences,
summary offences and either way offences.
Summary offences
- Can only be tried in the Magistrates’
Court e.g. common assault
‘Either way’ offences
Can be tried either in the Magistrates’
Court or the Crown Court e.g. assault
occasioning actual bodily harm
Indictable-only offences
Can only be tried by a judge and jury in
the Crown Court e.g. Murder
These are the most serious offences that
can be committed
14
15. How to study criminal law…
There is more to studying law than reading the books
Yes you must learn to use the law and develop knowledge and
understanding of these topic areas
But you must also consciously develop and progress your analytical
skills
— Improve your professional and practical skills (ie: the ability to present
a well structured, clear, grammatically correct, logical but succinct
piece of legal writing)
Prepare for, attend and participate in tutorials and workshops
Complete practice essays on time
Analogy – it is like learning how to drive all over again
Think its easy at first
But then you realise it’s not quite as straightforward as first thought
(can be so frustrating/challenging!!)
But with work and practice – will develop & improve!!!
16. HOW TO STUDY…
The next task is to ascertain is the rules of that offence
– these will be found within an Act of Parliament or case law
EG, for theft, the rules can be found in s1(1) Theft Act 1968
You are not expected to know the substantive law at this stage.
THEFT
17. A person is guilty of theft if he dishonestly
appropriates property belonging to another
with the intention of permanently depriving
the other of it.
s1(1) Theft Act 1968
Once you have established the rules, the next task is to
break the rules down into the AR & MR.
But first check know what these terms mean.
HOW TO STUDY…
18. Structure of a crime: Actus Reus
the physical part of the offence
Conduct Offences
Only requires certain acts to have been committed, eg Fraud by
false representation
Result Offences
The def action must lead to a specific consequence, eg, murder
(must know causation rules)
Surrounding Circumstance
eg, Rape
Omissions
Sometime law will impose legal liability despite fact he took no
action at all
19. Structure of a crime: Mens rea
the blameworthy state of mind
Intention
must be def aim/purpose to commit prohibited act
Reckless
Where def takes an unjustifiable risk, aware of the possibility that a
certain consequence may occur upon taking the risk
Strict liability
No mens rea necessary for at least one element of the actus reus, eg
ABH
Absolute liability
Where no MR is required, eg drunk in a public place
20. Defences……
Here are some examples (all studied on this course):
Special defences – only available for murder charges
Loss of self control (replaces provocation) Diminished responsibility
General defences
Self defence
Duress
Consent
Intoxication (technically not a defence as deals with the ability to form MR
in certain offences)
21. Exercise:
set out the AR & MR for this offence (remember you are not expected to have
substantive knowledge of this law (yet!!))
A person is guilty of theft if he
dishonestly appropriates property
belonging to another with the
intention of permanently depriving the
other of it.
s1(1) Theft Act 1968
22. AR & MR of Theft
Actus reus Mes rea
Appropriation (conduct) Dishonestly (appropriate property
belonging to another)
Property (circumstance) And with intention to permanently
deprive the other of it
Belonging to another
(circumstance)
Must have coincidence of AR & MR
(make sure know what that means)
Must be able to explain the legal meaning of each element
(citing relevant authorities)
and then be able to apply that law to given facts
23. You will follow this methodology to complete your analysis- IDEA
Identify- the def/event need to advise on and the relevant
offence(s)
Define – what the law requires for these offence(s) to be
committed
Explain – what the law requires for these elements to be
satisfied
Apply - this law to the given facts
24. NOTE: Law is NOT an exact science!!!
You will not always be able to give a definite answer
Students like definite answers but you when considering things from a legal
perspective – you must be able to look at things from different angles
Consciously work on this skill…. & be patient with yourself!
25. Honestly…
Look at law like a wild beast…learn to tame and make
proper use of it…otherwise there is risk it will gobble you
up and/or you will have unrealistic beliefs as to your
abilities!!