Crime and Criminal Law Module Quiz

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Questions and Answers

What is the meaning of the Latin maxim, "actus non facit reum nisi mens sit rea"?

An act does not make a person guilty of a crime unless their mind is also guilty (correct)

The defense must prove the elements of the offense.

A person cannot be charged with a crime without a witness.

The prosecution must prove the elements of the offense.

What are the two key elements that must be proven in a criminal case?

Actus Reus and Mens Rea (correct)

Arraignment and Sentencing

Indictment and Verdict

Defense and Prosecution

What is the standard of proof required for the prosecution to prove a crime beyond reasonable doubt?

Probable cause

Beyond a reasonable doubt (correct)

Clear and convincing evidence

Preponderance of the evidence

Which of the following is NOT a power granted to the police under the Police and Criminal Evidence Act 1984 (PACE)?

To search a person's home without a warrant (C) Signup and view all the answers

Which of these offences are considered 'indictable'? (Select all that apply)

Rape (A), Robbery (C), Murder (D) Signup and view all the answers

What is the role of the Crown Prosecution Service (CPS) in a criminal case?

To make the decision to charge a suspect with a crime (D) Signup and view all the answers

What is the role of the Defence Solicitor in a criminal case?

To represent the defendant in court (D) Signup and view all the answers

In the context of a criminal case, what is meant by 'the burden of proof'?

The responsibility to prove that the defendant is guilty (D) Signup and view all the answers

What is the correct advice to be given to a suspect during a police interview?

Provide their version of events, accept responsibility for any actions, and answer questions honestly. (C) Signup and view all the answers

What is the purpose of the 'disclosure' process?

To share the evidence gathered by the police with the solicitor. (C) Signup and view all the answers

What is the role of a 'duty solicitor'?

To provide legal advice to suspects at the police station. (D) Signup and view all the answers

What is the purpose of the 'Custody Record'?

To record the details of the defendant's arrest and detention. (A) Signup and view all the answers

What is the significance of reading the 'police caution' to a suspect?

To ensure that the suspect understands their rights and responsibilities. (B) Signup and view all the answers

What is the main purpose of the Magistrates Court?

To conduct preliminary hearings in criminal cases. (C) Signup and view all the answers

What does 'PACE 1984' refer to?

Police and Criminal Evidence Act 1984 (A) Signup and view all the answers

What is meant by 'No comment' in the context of a police interview?

The suspect prefers to remain silent and does not want to offer any explanation or denial. (C) Signup and view all the answers

What should the police do if they arrest a 17-year-old at school?

Inform the headteacher and contact the parents as soon as possible. (B) Signup and view all the answers

What is an 'appropriate adult' in the context of youth offenders?

A person who is 18 or older and can assist the young person during questioning and searches. (D) Signup and view all the answers

When can the police use 'reasonable force' during an arrest?

Only if the individual is resisting arrest. (A) Signup and view all the answers

Which of the following is NOT a right that must be explained to an individual in custody?

The right to have their property returned to them after release. (B) Signup and view all the answers

What information MUST the police provide to an individual they are arresting?

The reason why it is necessary to arrest them. (B) Signup and view all the answers

What does the phrase 'reasonable suspicion' mean in the context of an arrest?

A suspicion that is supported by some evidence. (D) Signup and view all the answers

Where can the police arrest an individual?

Anywhere, including their home, workplace, or public spaces. (D) Signup and view all the answers

What is the purpose of the 'Codes of Practice' that individuals in custody must be informed of?

To outline the rules that the police must follow when dealing with individuals in custody. (C) Signup and view all the answers

Study Notes

Course Information

Course code: IFP0650
Course title: Crime, Criminal Law and the Jury
Module number: (1)
Lecturer: Navya Chanolien

Learning Outcomes

Understand the elements of a crime
Understand the role of the Police and their powers
Understand how a criminal case is dealt with in the Magistrates Court
Understand the role of the Defence Solicitor and the Crown Prosecution Service (CPS)

Fundamental Maxims of English Criminal Law

Actus non facit reum nisi mens sit rea: An act does not make a person guilty of a crime unless their mind is also guilty.

Components of a Crime

Actus Reus
Mens Rea
No Defences

Criminal Case Process

The Prosecution must prove the elements of the offence (actus reus and mens rea) and disprove the facts in issue raised by the Defence.
The burden of proof lies with the Prosecution to prove 'Beyond Reasonable Doubt'.
Incident reported to the police -> Police investigation -> Decision to charge the suspect -> Case heard in court (Guilty/Non-guilty?)

Offences

Summary Only: Minor assaults, Road traffic offences, Criminal damage, Public Order offences
Indictable: Murder and Manslaughter, Rape and other sexual offence, Robbery, Aggravated Burglary
Either Way: Theft, Burglary, Drug Offence

The Police

PACE 1984 regulates police powers and duties.
PACE details police powers related to stop and search, arrest, detention, and questioning and treatment of persons.
The Act is a comprehensive guide for police in terms of their role and obligations.

Arrest (PACE 1984, Part III)

Police require reasonable grounds to suspect involvement in a crime.
Police have the power to arrest individuals anywhere and anytime.
Arrest procedure: identify themselves as police, inform the person they are being arrested, explain what crime is suspected, explain necessity of arrest, inform that the person is not free to leave.
If the individual is under 18, police must inform the headteacher, contact the parents or guardian and they can be handcuffed.
Police can use reasonable force during arrest, such as holding someone down if they try to escape.

Detention (PACE 1984, Part IV)

Custody officer at the police station explains the individual's rights.
Rights include access to free legal advice, telling someone where they are, medical help if needed, seeing the rules of the police force (codes of practice), written notices about rights such as toilet breaks and food, opportunity to explain written notices in their own language or through an interpreter.
Individuals are searched and their possessions are kept by the custody officer.

Young People (Under 18) and Vulnerable Adults

Police try to contact parent, guardian or carer if the suspect is under 18 or vulnerable.
Appropriate adult (parent, guardian, carer, social worker, family member/friend 18+, volunteer 18+) needs to be present during questioning and searches at the station.
The National Appropriate Adult Network provides appropriate adult services in England and Wales.

Interviewing (PACE 1984, Part V)

Police question the suspect; this is recorded.
Individuals are not obligated to answer questions, but there can be consequences.
Police must explain the consequences of not answering questions (police caution).
Solicitor is present to provide advice during the interview.

Free Legal Advice

Everyone has the right to free legal advice at the police station.
Individuals must be told about their right to free legal advice after being arrested and before questioning.
Options: duty solicitor (24/7, independent), Defence Solicitor Call Centre (DSC), solicitor of choice.

The Solicitor's Role in the Police Station

Solicitor speaks to the Police to discover evidence. (disclosure)
Verification of the compliance of the police with the PACE 1984 regulations.
Solicitor explains the accusations and evidence to the client/defendant
Solicitor takes client instructions on the appropriate course of action during the police interview.
Solicitor can advise clients to admit the offence, present their version of events, remain silent (no comment), or read a statement.

After Arrest and Interview

Suspect may be charged, released without charge, or released on bail pending inquiries.
If charged, the suspect becomes a defendant and must appear before a Magistrates Court.
More serious offences may be transferred to a higher court.

The Magistrates' Court

Lay Magistrates or a District Judge hear cases.
Magistrates hear Summary only and either-way offences.
Defendant can choose to have some either-way offences heard in a Crown Court.
Indictable offences are heard in a Crown Court by a judge.
There is no trial by jury in Magistrates’ Courts.

Magistrates' Court Sentencing

Defendant(s) enters a plea.
If guilty, sentence may be up to 6 months imprisonment per offence (or 12 months total), or a fine (unspecified).
If not guilty (acquitted), defendant is judged innocent and released, unless a case is pending against them.

The Lawyers

Defendant's Solicitor/Barrister represents the Defendant in court.
Continuous advice throughout the entire process is provided to the Defendant by lawyer.
The Crown Prosecution Service (CPS) solicitor presents the case for the Crown.
CPS is responsible for prosecution of criminal cases investigated by the police.

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Description

Test your understanding of key concepts in Crime, Criminal Law, and the role of the jury in this introductory module quiz. Explore the fundamental maxims, components of a crime, and the criminal case process from reporting to prosecution. Perfect for understanding the foundational elements of criminal law.