Questions and Answers
In a criminal trial, the burden of proof is on the defendant to prove their guilt beyond a reasonable doubt.
False
The insanity defence is one of the cases where the burden of proof lies on the prosecution.
False
Common assault is a type of summary offence.
True
All indictable offences are triable in the Magistrates court without a jury.
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The maximum sentence for a summary offence is 12 months imprisonment and a fine of £10,000.
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Either way offences can be tried in either the Magistrates court or the Crown Court with a jury.
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Appeals from the Magistrates Court are only available for the prosecution.
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The Crown Court is the lowest criminal court in England and Wales.
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The Principle of Fair Warning states that crimes must be secretly communicated to the public.
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The Internal Structure of an Offence includes Actus Reus and Mens Rea only.
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The High Court is the highest appellate court in England and Wales.
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The Principle of Autonomy is related to the protection of society from harm.
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What is the composition of the Magistrates Court?
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What is the role of the jury in a criminal trial?
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What is the purpose of the Principle of Fair Labelling?
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What is the route of appeal for a defendant who pleaded not guilty in the Magistrates Court but was found guilty?
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What is the composition of the Crown Court?
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What is the purpose of the Principle of Autonomy?
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What is the standard of proof required in criminal trials in England and Wales?
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Which type of offence is triable in the Magistrates court with no jury and has a maximum sentence of 6-12 months and a fine of £5,000?
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In which cases is the burden of proof on the defendant to prove their innocence?
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What is the purpose of the Magistrates court in relation to indictable offences?
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Which of the following sources of criminal law is responsible for defining crimes such as common assault and murder?
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What is the difference between either way offences and summary offences?
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Study Notes
Criminal Law Introduction
- The burden of proof lies with the prosecution to prove the defendant's guilt beyond a reasonable doubt, except in cases like insanity defense where the burden is on the defendant to prove innocence on the balance of probabilities.
Sources of Criminal Law
- Statute law
- Common law, where some crimes have been defined by judges in court (e.g., common assault and murder)
Types of Offences
- Summary offences: relatively minor (e.g., minor assaults, speeding), triable in Magistrates court with no jury, maximum sentencing 6-12 months and £5,000 fine
- Either way offences: medium seriousness (e.g., theft and criminal damage), triable in Magistrates or Crown court, can be sent to Crown court after conviction for a higher sentence
- Indictable offences: most serious offences (e.g., murder, rape, robbery), only triable in Crown court with unlimited sentencing powers, start in Magistrates court then sent to Crown court
Criminal Process
- Alleged offence → Police → CPS → Trial: prosecutor (from CPS), defendant, judge (or magistrate, decides law) and jury (or magistrate, decides fact)
- Magistrates Court: lowest criminal court in England and Wales, made up of lay magistrates or district judges, all summary offences are tried here
- Crown Court: includes a professional judge and a jury
Appeal Routes
- Magistrates Court: defendant may appeal conviction or sentence to Crown Court, or appeal by way of case stated to the High Court
- Crown Court: defendant may appeal to the High Court
- High Court: various appeal routes for prosecution
- Court of Appeal: appeal on a point of law of public importance
- Supreme Court: final appeal route
Principles of Criminal Law
- Principle of fair warning: crimes must not be communicated publicly and not retroactively
- Principle of fair labelling: correlation between offence name and conduct it criminalises
- Principle of autonomy: choice, voluntariness, and blame; minimal criminalisation
- Principle of welfare: criminal law should protect society from harm
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