Underpinning Knowledge

Question 1

Sources of Law

Answer 1

Common law
Statute law
Criminal law
Civil law
Case law
Human rights
The rule of law

Question 2

Court martial

Answer 2

Military equivalent of the crown court
Global jurisdiction over all service personnel & civilian subject to service law discipline

Question 3

Summary trial

Answer 3

Trial without jury or board
Less serious offences

Question 4

Trial or indictment

Answer 4

Carried out at court martial or crown court
Judge or judge advocate general - serious offences
Indictment - formal statement of accusations

Question 5

Elements of crime

Answer 5

Actus Rea
Men’s Rea
Intention
Malice
Recklessness

Question 6

Actus rea

Answer 6

The guilty act
- act of commission
- act of omission

Question 7

Act of commission

Answer 7

Doing something unlawful

Question 8

Act of omission

Answer 8

Failure to do something

Question 9

Men’s Rea

Answer 9

Guilty state of mind
- voluntas
- foresight

Question 10

Voluntas

Answer 10

Acting voluntarily
Not under duress
Conscious control of themselves

Question 11

Foresight

Answer 11

Must either have: intent or recklessness

Question 12

Intention

Answer 12

Mops
Motive
Opportunity
Preparation
Subsequent conduct

Question 13

Stages of crime

Answer 13

Intent: men’s Rea
Preparation: measures
Attempt:
Commission: actus Rea

Question 14

Participants in crime

Answer 14

1. Principal offender: main offender
2. Secondary offender: accomplice
3. Assisting offender: assists main offender

Question 15

Exemptions

Answer 15

Children under 10
Insane from birth
Corporations
Foreign diplomats
Sovereign

Question 16

General defences

Answer 16

Jim can do acid
- Justification, Insanity, Mistake of fact
- Compulsion, Accident, Necessity
- Duress, Obedience to orders
- Automatism, Coercion, Ignorance of the law, Drunkenness

Question 17

Rules of Evidence

Answer 17

Relevant - proving or disproving the fact of issue
Admissible - relevant and allowed by judge

Question 18

3 Types of Evidence

Answer 18

Testimony (oral)
Documentary - primary & secondary
Real Evidence

Question 19

Classification of evidence

Answer 19

Direct - confession, first hand, video etc
Indirect - probable conclusion (physical, biological) could be rebutted
Best evidence - must be given if obtained

Question 20

Presumptions

Answer 20

Rebuttal or
Irrebuttable

Question 21

Rebuttable presumption

Answer 21

Can be overturned if evidence contradicting it is true
Presumption is no longer valid

Question 22

Irrebuttable presumption

Answer 22

Assumption may not be contradicted - don’t challenge

Question 23

Witness evidence

Answer 23

Hearsay - inadmissible
Confession - wholly or partly adverse to who made it (to whomever)
Dying declaration - indictment for murder or manslaughter
Statement made on duty
Statement made about mental or bodily feelings

Question 24

Production of witness evidence

Answer 24

Competent - lawful to give evidence
Compellable - competent witness compelled to give evidence

Question 25

Compellable witness exceptions

Answer 25

Sovereign, foreign sovereign, + dip privileges 1. Incriminate themselves 2. Lawyer of offender 3. Breach the official secrets act 4. Reveal covert human intelligence

Question 26

Persuasive burden

Answer 26

Innocent until proven guilty

Question 27

Evidential burden

Answer 27

Establish facts - prove it

Question 28

Facts in criminal case

Answer 28

Identity of accused Accused committed offence Not guilty plea can defence accused be disproved

Question 29

Inchoate offences

Answer 29

Doing an act with the purpose of affecting some other offence. Committed when defendant takes steps towards commission of a crime. Attempt Conspiracy Encourage

Question 30

S1(1) criminal attempts act 1981

Answer 30

Intent to commit More than preparatory to the commission Guilty of attempting to commit the offence

Question 31

Conspiracy

Answer 31

1. Agreement 2. Multiple people 3. Entered into for the purpose of committing a crime 4. An overt act is made in furtherance of the conspiracy