PRINCIPLES OF CRIMINAL LAW

Question 1

What does criminal law seek to achieve

Answer 1

To enforce moral values
To punish those who harm society
To deter offending
To protect the public from harm
To protect human rights of citizens
To rehabilitate and reform offenders

Question 2

Purposes of criminal law

Answer 2

The crown is the Initiator of Action:
The Crown prosecutes the defendant/accused
state undertakes Financial Risk of Defence
Proof must be beyond Reasonable Doubt
Outcome:Guilty or Not Guilty/Acquittal
Sanction: To punish the offender and deter future offences

Question 3

Common law

Answer 3

No UK civil code.
Common law is judge-made law. Common law must give way to Legislation.

Question 4

Legislation

Answer 4

Parliamentary supremacy.
Legislative power - ‘The Queen in Parliament’.
All new criminal offences must be created by statute, not common law (Jones and Milling [2007] 1 AC 136).

Question 5

The Role of the police in the CJS

Answer 5

Police discretion
Charging (in conjunction with custody officer and CPS).
Alternative punishment/solution

Question 6

Role of the CPS

Answer 6

Following the charge file is passed to CPS to make a decision on whether the individual will be prosecuted.

Question 7

What factors may cause a crown prosecutor not to press with a prosecution

Answer 7

A crown prosecutor may decide not to press with a prosecution due to:
Lack of evidence
Public interest
Triviality of offence
Delay between offence and trial

Question 8

What is police discretion

Answer 8

Best interests of a first time offenders
Officer misunderstands the law/fails to recognise an offence
Officer decides time will be better spent pursuing more serious crimes/criminals
Officer does not want to spend the time bringing the offender into custody
Officer engaged in other duties preventing apprehension
Long term management of communities (e.g. Bittner’s ‘Peace Keeping’)
Alternative options – eg dispersal orders, fixed penalty fines

Question 9

Alternative police punishments

Answer 9

Police caution
Reprimands and Final Warnings (Crime and Disorder Act 1998)
Conditional Cautions (Criminal Justice Act 2003)

Question 10

Sentencing

Answer 10

Sentences set down by statute –minimum and maximum.
Sentences can be custodial or non-custodial.
Sentences can be ‘suspended’.
No corporal or capital punishment.
Appeals against sentence.

Question 11

How do judges interpret legislation

Answer 11

Statutory Interpretation –
Pepper v Hart [1993] AC 593 (Hansard).
The Literal Rule.
The Golden Rule. Adler v George [1964] 2 QB 7.
The Mischief Rule. Smith v Hughes [1960] 1 WLR 830.
The Purposive/Teleological approach.