UNIT 1: THINKING ABOUT CRIMINAL LAW
3. THE RULE OF LAW
Any ambiguity should be interpreted in favour of D. There should be no criminal liability except
for conduct specifically prescribed by law. There can be no criminal liability except where the D
is convicted following a proper trial according to law and the penalty on conviction must be
within the limits prescribed by law.
4. THE CLASSIFICATION OF OFFENCES
All criminal cases are classified as summary only, either-way, or indictable, controlled by s 17
Magistrates’ Court Act 1980.
4.1 Summary Only Offences
Regarded as less serious. Tried in the Magistrates’ Court, not the Crown Court. Usually heard
by three Magistrates’ Court who are not legally trained, relying on a legal advisor to advise on
points of law OR by a district judge, a qualified solicitor or barrister. Some more serious
offences have been qualified as summary to save money by trying in the Magistrates’.
4.2 Either-way Offences
Middle range offences which can be tried in either court, eg. theft, dangerous driving, burglary,
certain assaults. The final venue depends on whether the magistrates’ court is willing to deal
with the case, eg. the complexities and their sentencing powers (ss 18-22 Magistrates’ Court
Act 1980). If so, the Crown Court will be the venue. The maximum sentence a magistrate can
impose is six months imprisonment.
If the magistrates feel prepared to hold the trial, the final decision rests with D (in the Crown
Court, he will be tried in front of a jury who are believed to be more sympathetic, but sentences
can be harsher).
4.4 Indictable only Offences
The most serious offences eg. murder, rape, robbery. They have to be tried at the Crown Court
in front of judge and jury.
5. BURDEN OF PROOF AND STANDARD OF PROOF
Evidence that D committed the offence and, in most cases, evidence that D committed the
offence with a guilty state of mind (and disproving any defences). The main case on the burden
of proof is Woolmington v DPP [1935]. There are some cases where D must prove a defence,
, eg. insanity. There are also statutory cases where D must prove the defence exists, eg.
diminished responsibility.
The prosecution has to prove its case beyond reasonable doubt. The defence need only be
proven on the balance of probabilities. Any legal burden of proof could be challenged under
Human Rights Act 1998, as contrary to Article 6(1) ECHR (right to a fair trial) - R v Lambert
[2001].
6. CRIMINAL APPEALS
a. If the Court of Appeal holds that a judge’s direction contained an error of law, the
appeal is allowed and the conviction is quashed.
b. However, the appeal can be dismissed if the Court of Appeal is certain that it is
safe that a guilty conviction would have reasonably been reached regardless.
c. If a conviction is quashed, then:
i. in the past it was rarely possible to retrial.
ii. now, there is a general power to order one in such circumstances.
d. The Crown cannot appeal against a jury’s verdict of not guilty but the Attorney-
General can make a reference to the Court of Appeal to settle a point of law for the
future.
e. Either side can appeal to the High Court (QB Div) on a point of law decision by
magistrates.
f. A D can appeal a decision. Magistrates to Crown COurt, Crown Court to Court of
Appeal. An appeal to the C of A will either be confirmed or reduced, not increased.
g. Following a Crown Court trial, the prosecution has no right to appeal but can ask
the Attorney-General to refer the sentence if it is considered ‘unduly lenient’.
7. CRIMINAL CASES REVIEW COMMISSION
s 11 Criminal Appeals Act 1955 established the Criminal Cases Review Commission. CCRC
enquires and refers a case to the Appeal courts once all normal avenues have been exhausted
by a D, ie.it is involved in miscarriage of justice cases.
9. BASIC PRINCIPLES
9.1 Three Key Components of a Criminal Offence
1. Guilty conduct by D (actus reus)
2. Guilty state of mind (mens rea)
3. Absence of any valid defence
9.3 Conduct Crimes and Result Crimes
3. THE RULE OF LAW
Any ambiguity should be interpreted in favour of D. There should be no criminal liability except
for conduct specifically prescribed by law. There can be no criminal liability except where the D
is convicted following a proper trial according to law and the penalty on conviction must be
within the limits prescribed by law.
4. THE CLASSIFICATION OF OFFENCES
All criminal cases are classified as summary only, either-way, or indictable, controlled by s 17
Magistrates’ Court Act 1980.
4.1 Summary Only Offences
Regarded as less serious. Tried in the Magistrates’ Court, not the Crown Court. Usually heard
by three Magistrates’ Court who are not legally trained, relying on a legal advisor to advise on
points of law OR by a district judge, a qualified solicitor or barrister. Some more serious
offences have been qualified as summary to save money by trying in the Magistrates’.
4.2 Either-way Offences
Middle range offences which can be tried in either court, eg. theft, dangerous driving, burglary,
certain assaults. The final venue depends on whether the magistrates’ court is willing to deal
with the case, eg. the complexities and their sentencing powers (ss 18-22 Magistrates’ Court
Act 1980). If so, the Crown Court will be the venue. The maximum sentence a magistrate can
impose is six months imprisonment.
If the magistrates feel prepared to hold the trial, the final decision rests with D (in the Crown
Court, he will be tried in front of a jury who are believed to be more sympathetic, but sentences
can be harsher).
4.4 Indictable only Offences
The most serious offences eg. murder, rape, robbery. They have to be tried at the Crown Court
in front of judge and jury.
5. BURDEN OF PROOF AND STANDARD OF PROOF
Evidence that D committed the offence and, in most cases, evidence that D committed the
offence with a guilty state of mind (and disproving any defences). The main case on the burden
of proof is Woolmington v DPP [1935]. There are some cases where D must prove a defence,
, eg. insanity. There are also statutory cases where D must prove the defence exists, eg.
diminished responsibility.
The prosecution has to prove its case beyond reasonable doubt. The defence need only be
proven on the balance of probabilities. Any legal burden of proof could be challenged under
Human Rights Act 1998, as contrary to Article 6(1) ECHR (right to a fair trial) - R v Lambert
[2001].
6. CRIMINAL APPEALS
a. If the Court of Appeal holds that a judge’s direction contained an error of law, the
appeal is allowed and the conviction is quashed.
b. However, the appeal can be dismissed if the Court of Appeal is certain that it is
safe that a guilty conviction would have reasonably been reached regardless.
c. If a conviction is quashed, then:
i. in the past it was rarely possible to retrial.
ii. now, there is a general power to order one in such circumstances.
d. The Crown cannot appeal against a jury’s verdict of not guilty but the Attorney-
General can make a reference to the Court of Appeal to settle a point of law for the
future.
e. Either side can appeal to the High Court (QB Div) on a point of law decision by
magistrates.
f. A D can appeal a decision. Magistrates to Crown COurt, Crown Court to Court of
Appeal. An appeal to the C of A will either be confirmed or reduced, not increased.
g. Following a Crown Court trial, the prosecution has no right to appeal but can ask
the Attorney-General to refer the sentence if it is considered ‘unduly lenient’.
7. CRIMINAL CASES REVIEW COMMISSION
s 11 Criminal Appeals Act 1955 established the Criminal Cases Review Commission. CCRC
enquires and refers a case to the Appeal courts once all normal avenues have been exhausted
by a D, ie.it is involved in miscarriage of justice cases.
9. BASIC PRINCIPLES
9.1 Three Key Components of a Criminal Offence
1. Guilty conduct by D (actus reus)
2. Guilty state of mind (mens rea)
3. Absence of any valid defence
9.3 Conduct Crimes and Result Crimes
