Crime and Criminal Law Module Quiz

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.