Rules of Criminal Law

Question 1

Define a crime.

Answer 1

• Conduct that is forbidden by the state, for which there is penal consequences- supported by Lord Atkin

Question 2

Explain why what is considered Criminal will change over time, and give an example.

Answer 2

• Change over time, through changing views in society and technology

Example- Changing views on what is criminal shown with changes in law on consenting homosexual acts:
- 1885, Criminal Law Amendment Act made consenting homosexual acts criminal, even in priv
- 1967 de-criminalised for those 21 and over
- 1994 age reduced to 19
- 2000, age reduced to 16, in line with heterosexual Legislation

Question 3

Define Actus Reus and explain what it is.

Answer 3

• Guilty act
• Conduct must be voluntary
• Doesn’t cover just an act, also covers an omission (failure to act) or state affairs

Question 4

Define Mens Rea and explain what it is.

Answer 4

• Guilty mind
• Various levels of guilty mind required from diff offences from high to low, intention to recklessness

Question 5

Why are both Actus Reus and Mens Rea required?

Answer 5

• To establish guilt
• Even if both are established, defendant may not be guilty if there is a proven defence in law

Question 6

State the rules governing the Standard of Proof.

Answer 6

• Standard of proof in crim cases is ‘beyond all reasonable doubt’
• Judge will explain this to Jury, shouldn’t convict unless they reach this level
• Jury must be sure of Defendant’s guilt
• Higher Standard of Proof than in Civil Cases- due to Defendant possibly losing their liability
• All defendant’s innocent until proven guilty
• Down to Prosecution to establish both Actus Reus and Mens Rea have been reached