Criminal law – live webinar - introduction to defences and denials of offending
Fundamental concepts
- Theft – can often be confusing
- Asking the right questions
Who can be liable and why?
Default rule = everyone can be liable
- However, there are rules and exceptions – for example a 5-year-old cannot be liable or
someone seriously mentally disturbed cannot be liable etc.
When can there be no liability? = denial of offences / defences
Infancy (age) – subjects of criminal law
Insanity – denials of offences or defence
Automatism – denial of offence
Diminished responsibility – partial defence to murder
Loss of control – partial defence to murder
Intoxication – denial of offence
The unfitness to plead – procedure
Unfitness to plead
- Can the defendant understand the charges?
- Can they understand the course of trial or give evidence?
- If unfit – trial of the facts – section 4 and 4A of the Criminal Procedure (Insanity) Act 1964
- If AR committed – hospital order, supervision order or an absolute discharge
- Seemed to be unfair and a problematic system
Denial of offence
- When D claims that one or more elements of the offence are absent
- Technically, these are not defences but simply a negation of a particular offence
requirement
- Often linked to issues of capacity
- For denial of offences look at context of AR and MR and the denials at hand rather than
liability
Defences
- A defence is raised where an offence has been committed i.e., all elements of the offence
are present
- You need to discuss and conclude in relation to D’s liability for an offence or an attempted
offence first, then discuss any potential defences
- A general defence tend to be duress, necessity, self-defence
- Partial defences (to murder only) are loss of control and diminished responsibility
- Insanity? Automatism? Intoxication?
Fundamental concepts
- Theft – can often be confusing
- Asking the right questions
Who can be liable and why?
Default rule = everyone can be liable
- However, there are rules and exceptions – for example a 5-year-old cannot be liable or
someone seriously mentally disturbed cannot be liable etc.
When can there be no liability? = denial of offences / defences
Infancy (age) – subjects of criminal law
Insanity – denials of offences or defence
Automatism – denial of offence
Diminished responsibility – partial defence to murder
Loss of control – partial defence to murder
Intoxication – denial of offence
The unfitness to plead – procedure
Unfitness to plead
- Can the defendant understand the charges?
- Can they understand the course of trial or give evidence?
- If unfit – trial of the facts – section 4 and 4A of the Criminal Procedure (Insanity) Act 1964
- If AR committed – hospital order, supervision order or an absolute discharge
- Seemed to be unfair and a problematic system
Denial of offence
- When D claims that one or more elements of the offence are absent
- Technically, these are not defences but simply a negation of a particular offence
requirement
- Often linked to issues of capacity
- For denial of offences look at context of AR and MR and the denials at hand rather than
liability
Defences
- A defence is raised where an offence has been committed i.e., all elements of the offence
are present
- You need to discuss and conclude in relation to D’s liability for an offence or an attempted
offence first, then discuss any potential defences
- A general defence tend to be duress, necessity, self-defence
- Partial defences (to murder only) are loss of control and diminished responsibility
- Insanity? Automatism? Intoxication?
