Criminal Law in England and Wales

Module Overview

• This module explores the criminal law within England and Wales
• Modules will cover the structure and hierarchy of the criminal court system
• Modules will examine the elements of criminal liability, including defenses
• Includes the study of homicide, sexual offences, non-fatal offences against the person, and property offences

Learning Outcomes

• Gain an understanding of the origins and purposes of criminal law
• Demonstrate knowledge of the criminal justice pre-trial process
• Explain and understand the legal terms "burden of proof" and "standard of proof"
• Reflect on the structure and hierarchy of criminal courts in England and Wales
• Examine grounds for appeal in criminal cases

Expected Work

• Achieve an upper-second (60-69%) or first (70%) through active participation and independent learning
• Self-directed study should consolidate understanding
• Practice MCTs and problem-based exercises to prepare for assessments

Teaching Methods

• Each week includes one face-to-face lecture and one face-to-face workshop
• Lectures and tutorials are two hours in length
• Reading materials and resources are made available on the LMS

Learning Partnership Expectations

• Tutors aim to deliver a high teaching standard accommodating different learning styles
• Students should avoid distractions during teaching sessions
• Notifying the tutor of any expected calls or messages is required
• Attendance is compulsory and failure to attend may lead to withdrawal from the course

Employability and Graduate Outcomes

• A key outcome of the undergraduate degree is enhanced employment opportunities
• You must show clear attendance and engagement with staff and peers
• You must demonstrate competence with Microsoft 365
• Possess effective writing abilities, also English comprehension, and grammar in order to communicate effectively
• Tutors, including your academic mentor, provide references covering these areas

Essential and Recommended Readings

• Essential reading: Complete Criminal Law: Texts, Cases, and Materials (8th edn, OUP 2022) by Janet Loveless, Mischa Allen, and Caroline Derry, costing £42.99 on Amazon
• Recommended reading: Law Express: Criminal Law (9th edn, Pearson 2023) by Emily Finch and Stefan Fafinski, costing £12.99 on Amazon
• Emily Finch and Stefan Fafinski’s Law Express: Criminal Law is good for light reading and quick revision, but lacks the depth and comprehension of the essential reading
• A cheaper alternative is not viable

Law Trove

• The Oxford Law Trove provides access to academic material and textbooks free
• This is available due to the University's subscription.
• Key book chapters are also available on Blackboard in PDF format

Assessment Details

• The module assessment is a 2-hour onsite examination weighted at 100%
• The exam consists of thirty multiple-choice questions and one problem scenario
• The exam will be held during the week commencing Monday 9 June 2025

Assessment Learning Outcomes

• Identify and explain facts/principles of criminal liability (Knowledge and Understanding)
• Describe procedures/processes in the criminal justice system (Learning, Analysis)
• Analyze problem situations, apply legal provisions, and achieve solutions (Problem-solving, Analysis, Application)
• Communicate arguments in a formal academic written style (Communication)

Assessment Guidance

• Additional assessment guidance and practice MCTs will be provided during the module
• Workshops will develop analytical and problem-solving via case scenarios, using the IRAC formula

General Principles of Criminal Law

• This area covers fundamental aspects of criminal law

Purpose of Criminal Law

• Criminal law in England and Wales has evolved over centuries and was formally recorded by Sir Edward Coke in 1628
• The main purposes is to protect individuals and property, maintain social order, and punish offenders
• The statutory aims of sentencing are found in s.57 of the Sentencing Act 2020

Statutory Aims of Sentencing

• Punishment of offenders
• Reduction of crime through deterrence
• Reform and rehabilitation of offenders
• Protection of the public
• Making reparation by offenders to persons affected by their offenses

Sir Edward Coke

• Sir Edward Coke (1552-1634) was an English barrister, judge, legal academic, and politician
• Considered the greatest jurist of the Elizabethan and Jacobean eras.
• His work includes The Reports of Sir Edward Coke, The Institutes of the Lawes of England, as well as The Petition of Right

Sources of Criminal Law

• Two main sources: case decisions (common law) and Acts of Parliament (statutes)
• Offences not defined in statutes entail a common law offence
• Murder, assault, battery, and outraging public decency are common law offences

Offences Through Case Law

• Offences can be entirely created by case law from precedents set by judges
• An example is marital rape, made a crime through the ruling in R v R [1992] 1 AC 599
• Some defenses have been created by decisions of judges, examples are duress, automatism, insanity, and intoxication

Statutory Offences

• Most criminal offenses are set out in an Act of Parliament or through delegated legislation today
• This can include theft, robbery, burglary, and blackmail in the Theft Act 1968
• Criminal damage and arson are in the Criminal Damage Act 1971
• Rape, assault by penetration, and sexual assault are in the Sexual Offences Act 2003
• Judges interpret offences when created by Acts of Parliament

Criminal Procedure Rules

• The Criminal Procedure Rules 2020 came into force on 5 October 2020
• The main aspect is to ensure cases are dealt with fairly and justly
• The criminal justice system must acquit the innocent while convicting the guilty based on evidence
• Public prosecutions managed and presented by the Crown Prosecution Service (CPS)
• The Director of Public Prosecutions (DPP) heads the CPS
• Stephen Parkinson became DPP since 1 November 2023
• Quickness is expected

Rights

• The courts must recognize the rights of a defendant
• There is a right to a fair trial by an impartial court under Article 6 of the European Convention on Human Rights (ECHR)
• Gravity, complexity, and severity of the consequences involved must be considered
• The interests and wellbeing of any victims, witnesses and jurors
• Prosecution is deemed a public interest
• Necessary trial

Courts of First Instance

• The court of first instance is a court where a criminal case may begin
• The two courts of first instance are the Magistrates’ Court and the Crown Court
• The court a trial starts depends on the type and severity of the offence, the defendant’s plea, the complexity of the case and sentencing powers available to the court

Classifications of Criminal Offences

• There are three types, they are summary offences, indictable offences and triable either way
• Summary offences entail minor offences can only be tried in the Magistrates’ Court, examples are assault, battery, regulatory, and driving offences
• Indictable offenses include serious offences that must be tried in the Crown Court, examples are murder, rape, robbery, s.18 wounding/GBH with intent
• Triable either way can be tried in either the Magistrates’ Court or the Crown Court, an exampe is theft, sexual assault, criminal damage and assault occasioning actual bodily harm

Defendant's Plea

• The defendant appears at the Magistrates’ Court for a plea hearing regardless of the offence
• The case proceeds to trial, if a defendant pleads "not guilty"
• If a defendant pleads guilty, the court may go straight to sentencing
• Magistrates pass a sentence if charged is a summary offence
• The Crown Court makes sentencing decisions if the seriousness is too great for magistrates
• Pleading guilty earns a discount of 1/3 off of the sentence at the earliest opportunity

Mode of Trial

• Facing magistrates requires pleading not guilty and charged with a summary offence, a panel of three
• Facing a judge and jury entails pleading not guilty and charged with an indictable offence, in the Crown Court
• Choosing between the two entails pleading not guilty and has been charged with either way offence,

Case Management Hearing

• This hearing applies to either way and indictable offences involves complex legal matters and lengthy trials
• The Crown Court hears few yearly cases but there is often a backlog
• The Magistrates’ Court is called the workhouse of the criminal justice system, hearing 95% of cases
• The prosecution and defense will plan out how many witnesses are present, and what will be argued
• A case management hearing allows both sides to prepare counter-arguments
• This is a case of equality of arms

Bail

• The Bail Act 1976 gives a general right to bail
• Bail may be denied if there is a danger to the defendant/society
• May be denied if there is interference with an investigation may occur or a flight risk
• Being granted bail means release from custody until a court date

Conditional Bail

• Bail may only be granted if certain requirements are imposed
• These require justifying and being specific
• Surrendering your passport or being subject to a curfew or wearing an electronic tag may be a requirement
• Being dependent upon the defendant’s ability to provide a large sum or asset may be required
• Rights to the money or asset is forfeited, if bail conditions were breeched

Magistrates' Sentencing Powers

• The Magistrates’ Court have limited sentencing powers
• Since 30th March 2023, the Magistrates’ Court can impose prison sentences of six months for a single triable either way or summary offence
• Indictable offences should not be sentenced at the Magistrates’ Court due to a mismatch in severity
• The Legal Aid, Sentencing and Punishment of Offenders Act of 2012 (LASPO) ended the previous maximum imposition of £5,000 and now there is no limit

Burden and Standard of Proof

• The stakes are high during a criminal trial, resulting deprivations are of the liberty and the freedom of the guilty
• There is an assumption of innocence until proven guilty in the case of Woolmington v DPP AC 462
• The burden of proof is on the prosecution, who must give the quality of evidence to prove the defendant's guilt
• Guilt must be proven beyond all reasonable doubt

Hierarchy of Criminal Courts

• Referred to as ‘the workhouse of the criminal justice system’, the Magistrates’ Court hears 95% of cases
• All cases must advance further down the ladder
• A hierarchical system exists with a specific “pecking order”
• The Magistrates' Court sits at the bottom
• The appropriately-named Supreme Court sits at the top and is the final appeal court

Routes of Appeal

• Two grounds are; either Against conviction or sentence or on a point of law (by way of case stated)
• Request for leave to appeal may be enforced
• The prosecution can appeal to the Court of Appeal (Criminal Division)
• Permission from the Attorney General and having compelling new evidence must be presented
• With permission from the Attorney General, the defence may appeal because a conviction or sentence is unsafe
• Appeals to the Supreme Court require leave to do so, and the point of law must be of great public importance