Criminal Law - General Matters

Question 1

Magistrates’ Court

Answer 1

Where all criminal cases will begin

The more serious cases will be transferred to the Crown Court

Question 2

Goals of Criminal Law

Answer 2

• Punishment
• Incapacitation
• Deterrence
• Rehabilitation

Question 3

Burden of proof

Answer 3

• Lies with the prosecution - defendant never has to prove their innocence
• A defendant has the burden of proof with regards to certain defences

Question 4

Presumption of Innocence

Answer 4

• Innocent until proven guilty
• A finding of not guilty does not equal innocent

Question 5

Evidential Burden

Answer 5

• Applies to certain defences such as self-defence
• If defence raised self-defence (evidential burden) the prosecution has the burden of providing evidence to disprove this (legal burden)

Question 6

Standard of Proof

Answer 6

• Prosecution must prove each and every element of a crime beyond reasonable doubt
• Where the burden of proof is on the defendant (e.g. pleading the defence of insanity) they must prove this on the balance of probabilities

Question 7

Actus Reus

Answer 7

Physical element of the crime

Question 8

Mens Rea

Answer 8

Mental element of the offence

Question 9

Concurrence

Answer 9

Actus reus and mens rea exist at the same time

Question 10

Strict liability offences

Answer 10

No mens rea requirement

Offence committed if actus reus is complete

Question 11

Exception that negates the offence

Answer 11

E.g. reasonable excuse

Defendant must prove on the balance of probabilities that they fall within that exception

Question 12

Defences

Answer 12

Considered after the prosecution have prved that the actus reus and mens rea are fulfilled

Defendant may argue that a defence is available to them

Defences can be complete (acquittal) or partial (conviction of lesser offence)