Core principles of criminal liability Flashcards
(27 cards)
List the offences against the person and the actus rea and mens rea for each
- common assault: assault and battery
- s. 47 OAPA 1861 - ABH
- s. 20 OAPA 1861 - GBH or wounding
- s. 18 OAPA 1861 - GBH with intent or Wounding with intent
List the theft offences and the actus rea and mens rea for each
- s. 1 Theft Act 1968 - THEFT:
Actus reus = Appropriation of property belonging to another
Mens Rea: Dishonesty + intention to permanently deprive.
Indictable offence - punishable up to 7 years imprisonment. - s. 8 Theft Act 1968 - ROBBERY:
Actus reus = Theft + force or threat of force against a person
Mens rea = Dishonesty + intention to permanently deprive + intention or recklessness regarding the use of force - s. 9 Theft Act 1968 - BURGLARY:
Actus reus = 2 kinds - 1) Entry into a building as a trespasser (s.9(1)(a)) or 2) Entry and committing theft/GBH (s.9(1)(b)).
Mens Rea:
s.9(1)(a): Intent to commit theft, GBH, or criminal damage.
s.9(1)(b): Dishonesty (for theft) + intention to permanently deprive (for theft). - s. 10 Theft Act 1968 - AGGRAVATED BURGLARY:
Actus reus = Burglary WITH a weapon
Mens rea = Dishonesty (if committing theft) + intention to permanently deprive (if committing theft) + intention or recklessness regarding the weapon.
List the types of criminal damage offences and the actus reus/mens rea for each.
- Simple Criminal Damage:
Actus reus = destroying or damaging property belonging to another person.
Mens rea = Intention to destroy or damage property: The person must have the intention to destroy or damage property.
Alternatively, the person can be reckless as to whether their actions will destroy or damage property. - Aggravated Criminal Damage
- Arson
List the homicide offences and the actus reus/mens rea for each
- Murder
- Voluntary Manslaughter
- Involuntary Manslaughter
List the fraud offences and the actus reus/mens rea for each
- Fraud by False Representation
- Fraud by Abuse of Position
- Fraud by Failing to Disclose Information
Discuss the general defences and when they are available
- Intoxication
- Self-defence/defence of another
Discuss the partial defences and when they are available
- Loss of Control
- Diminished Responsibility
Who are the parties to an offence?
- Principal Offender
- Accomplices
What is an inchoate offence?
An attempt to commit an offence.
What are the rights of a suspect being detained by the police for questioning?
- Right to legal advice
- Right to have someone informed of arrest
- Reviews and detention time limits under PACE 1984, Code C
Tell me about identification procedures. When must they be held? What are the different types and the procedures for each? What PACE code does this relate to?
An ID procedure must be held when a suspect’s identity needs to be confirmed or disputed. OR If the suspect is arrested/detained and identification is required.
Types of Identification Procedures:
1. Identification Parade (Line-Up): Suspect placed with others for witness to identify.
2. Video Identification: Witness shown a video line-up. Suspect must be among others; right to solicitor.
3. Identification by Photograph: Witness shown a set of photos, including the suspect.
Photos must be similar quality; conducted fairly.
4. Field Identification: Witness identifies suspect in real-world setting (e.g., street).
Less reliable; should be used only in exceptional cases.
Governed by PACE Code D
Governs fairness, right to solicitor, and documentation of procedures.
Must ensure fairness and adequate opportunity for identification.
When advising a client before a police interview, what should you tell them?
- Right to Silence
- Adverse Inferences
Tell me about the procedure for interviewing a suspect under PACE
Appropriate adult - Help ensure the suspect’s rights are upheld, including understanding questions and answers. It can be:
Family member (if the suspect agrees).
Social worker, carer, or responsible adult (not a police officer or legal representative).
Role of defence solicitor:
- Ensure fair treatment of the suspect.
- Advise the suspect on legal rights (e.g., right to remain silent).
- Attend interviews and observe conduct.
- Protect against self-incrimination and improper questioning.
Tell me about bail - what is the procedure for applying for bail? Can you apply more than once? What happens if you abscond and breach any conditions of bail?
What happens at the first hearing before the magistrates’ court?
Applying for a Representation Order:
A representation order can be applied if the defendant cannot afford legal representation.
The defence solicitor will complete an application showing the defendant’s financial circumstances.
The court will decide if the defendant qualifies for legal aid based on income and means testing.
Procedural Overview:
Plea: The defendant will be asked to enter a plea (guilty or not guilty).
Guilty: The case may be concluded, or sentencing will be adjourned.
Not Guilty: The case is adjourned for a trial date or further hearing.
Bail Application: The defendant can apply for bail if not already granted. If bail is denied, the defendant may be remanded in custody.
Remand: The magistrates decide whether to grant bail or remand the defendant in custody.
Role of the Defence Solicitor at the Hearing:
- Advise the defendant on their rights, bail application, and plea options.
- Assist in applying for a representation order if applicable.
- Challenge the prosecution’s case and advocate for the defendant’s interests, including ensuring fairness in procedural matters.
- Apply for bail on the defendant’s behalf and argue for release if appropriate.
Tell me about plea before venue stage
What is the allocation of business between magistrates’ court and Crown Court? Focus on procedure and where you send without allocation.
procedure ss. 19–20 and s. 22A Magistrates’ Courts Act 1980
sending without allocation s. 50A and s. 51 Crime and Disorder Act 1998.
Tell me about pre-trial hearings and general case management.
Magistrates’ court case management directions
Plea and Trial Preparation Hearing
Disclosure – prosecution, defence and unused material.
In what instances do you need to admit and exclude evidence?
burden and standard of proof
visual identification evidence and Turnbull guidance
inferences from silence ss. 34, 35, 36, 37, 38
Criminal Justice and Public Order Act 1994
hearsay evidence:
definition
grounds for admitting hearsay evidence
confession evidence:
definition
admissibility
challenging admissibility ss. 76 and 78 PACE 1984
character evidence:
definition of bad character
the 7 gateways s. 101(1) Criminal Justice Act 2003
the 3 gateways s. 100(1) Criminal Justice Act 2003
procedure for admitting bad character evidence
court’s powers to exclude bad character evidence
exclusion of evidence:
scope and application of s. 78 PACE and the right to a fair trial.
Run through the trial procedure in Magistrates’ Court
burden and standard of proof
stages of a criminal trial, including submission of no case to answer
modes of address and Court room etiquette
difference between leading and non-leading questions
competence and compellability
special measures
solicitor’s duty to the court.
Run through the trial procedure in Crown Court
burden and standard of proof
stages of a criminal trial, including submission of no case to answer
modes of address and Court room etiquette
difference between leading and non-leading questions
competence and compellability
special measures
solicitor’s duty to the court.
Discuss sentencing. What are types of sentence? What’s the role of sentencing guidelines?
determining seriousness including aggravating and mitigating facts
concurrent and consecutive sentences
mitigation
types of sentence:
- custodial sentences
- suspended sentences
- community orders
What are Newton hearings?
Discuss appeals from the Magistrates’ Court
procedure for appeal against conviction and/or sentence
powers of the Crown Court
appeal to the High Court by way of case stated
