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Definition

Definition. Any act committed or omitted that violates the law, is against the community and is punishable by the state to commit a crime, a commission of a crime to omit, an omission to violate, violation. Classification. At common law (according to seriousness of the crime)

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Definition

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  1. Definition • Any actcommitted or omitted that violates the law, is against the community and is punishable by the state • to commit a crime, a commission of a crime • to omit, an omission • to violate, violation

  2. Classification • At common law (according to seriousness of the crime) • Criminal Law Act 1967, Serious Organised Crime and Police Act 2006 • According to the method of trial • According to the object of crime

  3. At commonlaw • treason • felony – more serious crimes • misdemeanor – less serious crimes Why did this classification become unsatisfactory?

  4. Hightreason v pettytreason • petty treason: the murder of a master by a servant, of a husband by his wife, or the murder of a bishop • high treason • plotting the murder of a soveriegn • comitting adultery with the sovereign’s consort (spouse) or eldest unmarried daughter or with the wife of the heir to the throne… • counterfeiting money, being a Catholic priest

  5. CriminalLawAct 1967 • Indictable offences • treason • arrestable offences • other indictable offences 2. Other offences

  6. Arrestableoffences • sentence fixed by law OR • punishment at least 5 years in prison • arrest possible by anybody (police, citizen’s arrest) Serious Organised Crime and Police Act 2006 • abolished the category of arrestable offences • powers of arrest extended

  7. According to themethodoftrial • indictable offences • triable either way offences • summary offences “There are crimes of passion and crimes of logic. The boundary between them is not clearly defined.” Albert Camus

  8. Indictableoffences • can be tried only after an indictment after a preliminary hearing to determine if there is a prima facie case to answer or by a grand jury • the first hearing is held at the Magistrates’ Court • the trial is held at the Crown Court • in the USA it is called a felony

  9. Triableeitherwayoffences • can be tried either on indictment or summarily • the trial takes place either at the Magistrates’ Court or the Crown Court after a Mode of Trial hearing at which a magistrate decides if the case is suitable to be heard at the Magistrates’ Court • if yes the defendant can agree or ask for a trial by jury (if the plea is not guilty) • if no (the case is too serious or complex) the case is sent to the Crown Court

  10. Summary offences • can be tried without an indictment or a jury • always tried at the Magistrates’ Court • may be sent to the Crown Court for sentencing • involve a maximum penalty of six months in prison or a fine of up to £5000 • inthe USA: amisdemeanor

  11. According to theobjectofcrime • offences against the state, public peace and order • offences against the person • offences against the property

  12. Criminallaw • the police • thestate (theCrown) • thecourts • thelawyers

  13. The police • investigates the crime • apprehends suspect(s) • detains them in custody (jail v prison) • sends the file to the Crown Prosecution Service

  14. Jail • aplace of detentionorremand • peopleawaiting trial,people sentenced for a short duration (typically less than a year) • NOTnormally used in UK • inthe USA: runbythecountysheriff’sdepartmentorlocalgovernments

  15. Prison • aplace of long-term confinement for those convicted of serious crimes • inthe UK, peopleawaintingtrial are housedin a remandwingof a localprison.

  16. Thestate • TheCrownProsecution Service (establishedin 1985) • CrownProsecutors • reviews the file sent to them by the police • decides if there is sufficient evidence to realistically expect a conviction • decides whether the prosecution is in the public interest • prosecutes suspects accused of a crime

  17. Thecourts • issue a summonsrequiringtheaccusedto attendcourt • issueanarrestwarrant

  18. Thelawyers • Prosecution • Crown Advocates – members of CPS who argue the cases in court • Associate Prosecutors – argue cases with guilty pleas in the magistrates’ courts • paralegals – provide clerical support • self-employedbarristers

  19. Defence • the defendant(s) • defence counsel - a self-employed barrister specialising in criminal defence • Public Defender Service offices • Legal Aid Agency

  20. Adversarial system of justice • both the prosecution and the defence collect and present their evidence • both sides present and question their witnesses and are allowed cross-examination • Prosecution prove beyond reasonable doubt that the defendant is guilty of the crime (burden of proof) • Defence – create reasonable doubt or prove the defendant is innocent (presumption of innocence)

  21. Thejudge • provides independent and impartial assessment of the evidence presented and how the law applies to them • insures fair play of due process • is the trier of fact if there is no jury • trial by jury • legal advisor to jury (jury retires to deliberate on a verdict, delivers the verdict) • pronounce/pass a sentence

  22. Exemptionfromcriminalliability 1.) person deprived of free will and self-control • insanity, coercion, duress, necessity… DURESS – person agrees to an action under duress COERCION – person is coerced into agreeing to commit a crime 2.) person subject to special rules - foreign sovereigns, diplomats, children under 10…

  23. Drunkennessandintoxication • defence ONLY IF induced by others, without fault on the part of the accused • voluntary drunkenness is generally no defence unless it produces temporary insanity or negates the specific degree of intent required by the offence charged

  24. Thankyou!

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