2999102
| Questão | Responda |
| In order for a person to be criminally liable for an offence, which two things need to be present? | Actus Reus - a voluntary action or lack of Mens Rea - a person's state of mind (eg dishonesty, intention...) |
| There needs to be what between actus reus and mens rea for a person to be criminally liable? | A coincidence |
| Actus reus is... | An action carried out or a lack of an action. It must be shown that the action (or lack of it) was voluntary. |
| Mens Rea is... | A person's thoughts or state of mind. Mens rea can take different forms in relation to different offences eg. dishonesty (theft); intention to steal (s.9(1)(a) burglary); recklessness (criminal damage); intention to cause harm (assault). |
| LIST Common mens rea words | "Dishonestly" "Wilfully" "Recklessly" "With intent" |
| What is a strict liability offence? | One in which a mens rea is not required, only the actus reus need have occurred. Considered less serious by the law. |
| LIST The three classifications of criminal offence | Summary ONLY Either way Indictable ONLY The latter two can be known collectively as "indictable offences" |
| S17 PACE 1984 allows for what? | Power of entry to a constable to arrest a person for an indictable offence (if the constable has reasonable grounds to believe that the person is on the premises). |
| S32 PACE 1984 allows for what? | The power for a constable to enter and search any premises in which he was when arresting, or immediately before he was arresting, for evidence relating to the offence - where the offence he was was arrested for is on indictment. |
| LIST Sources of law | Common law Case law Statute law Acts of Parliment Statutory Instruments By-laws |
| What is common law? | Never codified in statute, but arises from historical courts. Very little definition (except by case law), leaving posibility for wide-ranging interpretation. Examples include murder, manslaughter, perverting course of justice. |
| What is case law? | Decision made by higher courts that are then accepted as precedent in lower courts. |
| What is statue law? | The foundation of the current legal system in England and Wales. Primary sources of law that have been written down, and have been passed by an act of parliament. Formatted as such: [NAME] Act [DATE] |
| What is an act of parliament? | An Act of Parliament creates a new law or changes an existing law. An Act is a Bill approved by both the House of Commons and the House of Lords and formally agreed to by the reigning monarch (known as Royal Assent). Once implemented, an Act becomes statue law. |
| What are statutory instruments? | Instruments such as orders that allow the details of an Act to be revised without using parliamentary procedures. As much statute law as the main act itself. |
| What are by-laws? | Local laws for local matters, also charters. Issued by local authorities and other organisations with public functions (such as the Strategic Rail Authority or National Trust) and approved by the Secretary of State. |
| What type of system is used in the Englad and Wales Criminal Justice System? | Adversarial |
| Describe how the adversarial system works. | The adversarial system sees a prosecution and defence argue the evidence before a judge and jury who decide what the truth is. It is for the prosecution to prove 'beyond reasonable doubt' that the defendant is guilty of the offence and not for the defendant to prove that they are innocent or not guilty. |
| TRUE OR FALSE There are cases where the defendant must prove that they are innocent or not guilty. | TRUE For example, the Prevention of Crime Act 1953 requires a defendant to prove that they have a lawful or reasonable excuse for being in possession of an offensive weapon. |
| LIST Criminal courts in descending order of superiority. | Supreme Court Court of Appeal Crown Court Magistrates' Court |
| LIST Civil courts in descending order of superiority. | Supreme Court Court of Appeal High Court County Court |
| TRUE OR FALSE Those between the ages of 10 and 17 years are tried at a magistrates' court | FALSE They are tried at a Youth Court (usually co-located with a magistrates' court). |
| Which classifications of criminal offence can be heard at a magistrates' court? | Summary only and either way offences |
| Which cases are heard in the Crown Court? | Indictable only or either way Appeals from magistrates'/youth court |
| LIST Three different ways in which a person can be brought before a court | Charge Summons Warrant |
| Describe how a charge brings defendants before a court. | MOST COMMON METHOD. Following arrest, if there is sufficient evidence for a charge, the defendant is required to attend court to answer the charge. The defendant may be bailed to appear at court at a time in the future, or remanded in custody until the next court available. |
| Describe how a summons may be used to bring someone before a court. | Reporting a person for an offence and defendant is 'summonsed' to appear at court to answer the charge. A public prosecutor will issue both a written charge to the suspect and a requisition requiring said suspect to appear before the Magistrates' Court. |
| Describe how a warrant may be used to bring a suspect before a court. | Courts themselves may issue warrants for an offender's arrest for various reasons, including non-payment of fines or failing to appear at court when required to do so. |
| TRUE OR FALSE If the offence is a serious one, such as murder or manslaughter, cases involving youths will be heard at Crown Court. | TRUE |
| If a youth is jointly charged with an adult, where will the case be heard? | Magistrates' or Crown Court |
| What does a Coroner's Court deal with? | The how, when and where a death happened in relation to "violent or unnatural deaths, sudden deaths of unknown cause, and deaths which have occurred in prison". |
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