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In a criminal trial, the burden of proof is on the defendant to prove their guilt beyond a reasonable doubt.
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.
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.
Common assault is a type of summary offence.
True
All indictable offences are triable in the Magistrates court without a jury.
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.
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.
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.
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.
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.
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.
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.
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.
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?
What is the composition of the Magistrates Court?
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What is the role of the jury in a criminal trial?
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?
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?
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?
What is the composition of the Crown Court?
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What is the purpose of the Principle of Autonomy?
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?
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?
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?
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?
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?
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?
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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Description
Test your understanding of the burden of proof in English Criminal Law, including the prosecution's duty to prove guilt beyond a reasonable doubt and exceptions where the defendant must prove innocence.
