Crime and Criminal Law Overview

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What does the legal maxim actus non facit reum nisi mens sit rea mean?

The act of committing a crime itself is not enough for guilt, there must be a guilty mind. (correct)

An action is not a crime unless the mind is guilty.

A person cannot be found guilty unless they have committed a crime.

The intention to commit a crime is essential for a guilty verdict.

Which of these elements is NOT a necessary component of the burden of proof in a criminal case?

Actus reus

Mens rea

Prior criminal history of defendant (correct)

Beyond reasonable doubt

What is the standard of proof required in a criminal case?

Beyond a reasonable doubt (correct)

Preponderance of evidence

Reasonable suspicion

Clear and convincing evidence

Which entity or entities decide whether to charge a suspect with a more serious crime?

The Crown Prosecution Service (A) Signup and view all the answers

Which of the following acts is NOT directly regulated by the Police and Criminal Evidence Act 1984?

Issuing a warrant (C) Signup and view all the answers

Which of the following is an example of an either-way offence?

Burglary (B) Signup and view all the answers

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

To advise the defendant on their legal rights and options (B) Signup and view all the answers

Which of the following is a primary responsibility of the Crown Prosecution Service (CPS)?

To decide whether to charge a suspect with a crime (A) Signup and view all the answers

Which of these is NOT a right that a custody officer must explain to an individual?

Be informed of the specific charges against them (D) Signup and view all the answers

When can police arrest someone?

When they suspect someone is involved in a crime and arrest is necessary (D) Signup and view all the answers

According to the content, what is an 'appropriate adult'?

A person who can help an individual under the age of 18 or who is considered vulnerable (D) Signup and view all the answers

What is the role of the custody officer at the police station?

To ensure the suspect's rights are upheld and to supervise their stay (B) Signup and view all the answers

When a suspect is questioned by the police, what is the name of the process by which the Solicitor finds out the evidence the police have?

Disclosure (A) Signup and view all the answers

What is the role of the Solicitor in the police station, in relation to the Custody Record?

To check that the police have followed the guidelines outlined in PACE 1984 when detaining the client. (B) Signup and view all the answers

What are the police obligated to do if they arrest a person under 18 years old?

Inform the parents, guardian or carer, and also ensure an appropriate adult is present (B) Signup and view all the answers

If an individual is being arrested at school, what must the police do?

Contact the headteacher and only arrest them if it's unavoidable (A) Signup and view all the answers

What happens to a suspect following a police interview?

The suspect is either charged with an offence, released without charge, or released on bail to enable further investigation. (B) Signup and view all the answers

What is the consequence of a suspect exercising their right to remain silent during police questioning?

The suspect’s silence can be used against them in court. (D) Signup and view all the answers

What is the purpose of the 'Police Station (Under 18)' section of the text?

To explain the rights of young people under 18 who are being detained, and to explain the role of the appropriate adult. (D) Signup and view all the answers

What is the role of the police caution read to a suspect before questioning?

To ensure that the suspect understands their rights and the potential consequences of not speaking. (A) Signup and view all the answers

What do the police legally have the power to do after arresting a person?

Search the individual's possessions (C) Signup and view all the answers

Which of the following options is NOT a possible course of action that the Solicitor may advise their client to take during a police interview?

To provide a written statement to the police. (B) Signup and view all the answers

What is one of the key pieces of information a Solicitor will check in the Custody Record?

The reasons for the suspect’s arrest and the time of arrest. (B) Signup and view all the answers

Who are the individuals who typically hear cases at the Magistrates Court?

A panel of three lay magistrates or a District Judge. (C) Signup and view all the answers

Study Notes

Crime, Criminal Law and the Jury (1)

Learning Outcomes: Understanding the elements of a crime, the role of the police and their powers, how a criminal case is handled in Magistrates' Court, and the role of Defence Solicitors and the Crown Prosecution Service (CPS).

Fundamental Maxim 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. This means a criminal act must be accompanied by a guilty mind (mens rea) for liability.

Structure of a Crime

Actus Reus: The physical act of the crime.
Mens Rea: The guilty mind or intent required for the crime.
No Defences: Absence of valid legal defences.

Criminal Case Procedures

Incident Reported to Police: Initial stage where a crime is reported.
Police Investigation: Collecting evidence, witness statements, and suspect accounts are carried out.
Decision to Charge the Suspect: The decision to charge a suspect can be made by the CPS (Crown Prosecution Service) for more serious offences or by the police for less serious ones.
Case in Court: If charged, a case is heard in the Magistrates Court until found guilty or not guilty.

Types of Offences

Summary Only: Minor offences, like minor assaults, road traffic offenses, criminal damage, and public order offences.
Indictable: Serious offences, such as murder, manslaughter, rape, robbery, and aggravated burglary.
Either Way: Offences that can be dealt with in either the Magistrates' Court or the Crown Court, depending on the circumstances, such as theft, burglary, and drug offences.

The Police

PACE 1984 (Police and Criminal Evidence Act): Regulates police powers and duties in the UK.
Stop and Search: Police power to stop and search individuals.
Arrest and Detention: Police powers to arrest individuals and policies related to questioning, detention, and treatment of persons.
Arrest (PACE 1984): Police must have reasonable grounds to suspect involvement in a crime, give an explanation about the arrest, state the suspect is not free to leave, and identify themselves as police.
Under 18 Arrest: If the suspect is under 18, police must inform their headteacher and contact parents/carers.

Police Station Detention (PACE 1984)

Rights in Custody: Rights in custody at the police station, including access to free legal advice, to tell someone where they are, medical assistance, and to know the rules and rights with respect to e.g., toilet and food breaks under the code of practice.
Custody Officer: Explaining the individual's rights and rules.

Police Station - Under 18

Contacting Parents/Guardians: Police must attempt to contact parents, guardians, or carers of a juvenile at the police station.
Appropriate Adult: Encouraging the attendance of an appropriate adult during questioning and searching.

Interviewing and Questioning (PACE 1984)

Police Questioning: Suspects have a right to remain silent and Police will record the interview in detail.
Police Caution: The police caution includes the explanation that a suspect's response during questioning is recorded, and that making statements can impact defence.

Free Legal Advice

Right to Advice: Every individual has the right to free legal advice at the police station after arrest and before questioning.
Options: Ask for the police station's duty solicitor, request legal advice from the defence service or ask police to contact a solicitor of choice

Role of the Solicitor

Solicitor's Role: Explains the charges against the client (detainee) and the evidence involved.
Solicitor's Advice: Provides advice on what to do during police interviews, possible actions (admit, deny, give their version of events, remain silent, use a prepared statement).

After Arrest and Interview

Possible Outcomes: The suspect can be charged with a crime, released without charges, or released on bail.
Magistrates' Court: If charged, the suspect becomes a defendant and needs to appear in front of a magistrate. A defendant in an either-way offense can choose to have the case heard by a judge in the crown court.
Crown Court Transfer: If the offense is more serious, the case might be moved to Crown Court

Magistrates' Court

Lay Magistrates or Judge: The magistrates' court system has lay magistrates or a district judge.
Criminal Cases Heard:
Hear summaries-only, and either way offences.
Cannot hear indictable only offenses.
No trial by jury

Magistrates' Court Sentencing

Guilty Plea: If the defendant pleads guilty, or if found guilty, punishment usually ranges from up to six months imprisonment, a fine (with no upper limit).
Not Guilty Plea (i.e., Acquitted): Found 'not guilty' - the defendant is free to leave, assuming no other cases are pending against them.

The Lawyers

Defence Solicitor/Barrister: Represents the defendant at court.
Crown Prosecution Service (CPS): Presents the case for the Crown (the state). The CPS is responsible for criminal cases investigated by the police and investigative authorities (England and Wales)

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers essential elements of crime including actus reus and mens rea, alongside the role of police and legal procedures in criminal cases. Gain an understanding of how a criminal case is processed, from reporting to charging a suspect.