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CRIMINAL LAW
1
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)
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.
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
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
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…
…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!
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
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
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
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
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
Burden and Standard of Proof
• Burden of proof on prosecution
• Must prove matters “beyond reasonable
doubt”
• Woolmington v DPP
13
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
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!!!
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
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…
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
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
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)
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
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
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
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!
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!!

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Intddddddddd-to-Criminal-Law-Slides.pptx

  • 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!!