Functioni
Criminal
The
ng Legal core principles of criminal liability
Knowledg
e Offences against the person:
Common Assault (6 months imprisonment/summary offence) includes the below offences:
SQE 2 Assault = intentionally or recklessly causing another to
apprehend the immediate application of unlawful force
(words are sufficient).
Battery = intentionally or recklessly causing unlawful force to another.
Assault occasioning Actual Bodily Harm (ABH) (5 years/ either way offence)
Governed by section 47 Offences Against the Person Act 1861. The mens rea for assault or battery
must be present and the actus reus must have caused ABH. The damage must be more than merely
trifling examples of which are scratches, bruising and psychiatric injury excluding fear or anxiety.
Wounding or Inflicting Grievous Bodily Harm (GBH) (7 years/ indictable only)
Governed by section 20 Offences Against the Person Act 1861. The actus reas of wounding (both
layers of the skin must be broken so bruising is not enough) or GBH (serious harm such as broken
bones or prolonged unconsciousness) and the mens rea of intention or recklessness must be
present.
Wounding or Inflicting Grievous Bodily Harm with intent (life/ indictable only)
Governed by section 18 Offences Against the Person Act 1861. The actus reas of wounding (both
layers of the skin are broken so bruising is not enough) or GBH (serious harm such as broken bones
or prolonged unconsciousness) and the mens rea that they intended to cause serious harm or
foresee a risk of some harm and intend to take such risk must be present.
Theft offences:
Theft (7 years/ either way offence)
Governed by section 1 of the Theft Act 1968. It is the dishonest appropriation of property belonging
to another with the intention to permanently deprive them.
Robbery (5 years/ indictable only offence)
Governed by section 8 Theft Act 1968. A person must dishonestly appropriate property belonging to
another with the intention to permanently deprive them (commit theft) and immediately before or
at the same time they use force on another or put the person in fear of force in order to steal.
Burglary by trespass with intent Section 9.1(a) (6 years/ either way offence)
Governed by section 9.1(a) of the Theft Act 1968. A person must knowingly or recklessly enter a
building or part of a building as trespasser with part of their body with the intent AT THE TIME OF
ENTRY to steal, inflict GBH or cause criminal damage. It does not matter if they managed to
complete their objective.
Burglary by offences committed following trespass entry Section 9.1(b) (6 years/ either way offence)
Governed by section 9.1(b) of the Theft Act 1968. A person must knowingly or recklessly enter a
building or part of a building as trespasser with part of their body after which they actually stole or
attempted to steal or cause GBH. No need to have intent when they entered.
, Aggravated burglary (13 years/ indictable only offence)
Governed by section 10 Theft Act 1968. While committing burglary the individual must have with
them a firearm or weapon. For s.9.1(a) it must be with them when they enter but for s.9.1(b) it just
needs to be with them for the other part of the offence.
Criminal damage:
Simple criminal damage (3 months/ summary offence)
When an individual without lawful excuse, destroys or damages property (excluding wild plants and
own property) belonging to another intending to do so or being reckless.
Aggravated criminal damage (life/ indictable offence)
When an individual without lawful excuse, destroys or damages property (can be their own
property) belonging to another intending to do so or being reckless and endanger life by the damage
(life need not be actually endangered just needs to be a possible risk).
Arson (life/ indictable offence)
Criminal damage by fire.
Aggravated arson (life/ indictable offence)
Aggravated criminal damage by fire.
Homicide:
Murder (life/ indictable offence)
A person who causes (factual causation “but for test”. but for their act the death would not have
occurred and the legal causation test that they must have been the substantial and operative cause)
the death either by actions or lack of action of another being (not a foetus as the baby must be out
the womb) unlawfully with the intent to kill (death can be brain dead) or cause GBH.
Voluntary manslaughter (life/ indictable offence)
The individual must have the actus reas and mens rea for murder but one of the below defences is
applicable:
Diminished responsibility (partial defence) = the defendant has an abnormality of
mental functioning that is a recognised medical condition that substantially
impaired their ability to understand their conduct, form a rational judgement or
exercise self-control and this provides an explanation. Burden is on the defendant
to prove on the balance of probabilities.
Loss of control (partial defence) = the killing resulted in a loss of self-control
caused by a qualifying trigger (not infidelity) such as a fear of serious violence,
something said that constitutes extremely grave character and the defendant felt a
justifiable sense of being seriously wronged and a person of the same age and sex
might have acted in the same way.
Involuntary manslaughter (life/ indictable offence)
The mens rea for murder is not present. There are two types of involuntary manslaughter:
Unlawful act manslaughter = defendant intentionally commits an unlawful,
dangerous offence that carries the objective risk to the victim and causes their
death.
, Gross negligence manslaughter = the defendant owes a duty of care which they
have breached which has caused a death and there was a serious risk and obvious
risk of death and as such the breach amounted to gross negligence.
Fraud (10 years/ either way offence):
There are multiple types of fraud:
by false representation = dishonestly make a false representation (misleading
representation is sufficient) that they know is dishonest and might be false or
misleading and intend to make a gain for themselves or another or to cause a risk
of loss to another.
by abuse of position = abuse their position in which they are expected to safeguard
the financial interest of another by an act or omission.
by failing to disclose = failing to disclose information they are under a duty to
disclose and intend to make a gain for themselves or another or to cause a risk of
loss to another.
General defences:
There are general defences that can be used against convictions:
Intoxication = in some circumstances can be argued to negate the mens rea.
Voluntary = if voluntary it will be examined if it was a dangerous or non-dangerous
substance. Non-dangerous substances such as legal prescription drugs can negate the mens
rea, but intent is still intent. If it is a dangerous substance they will look into if it is basic
intent such as section 20 GBH or if it is a specific intent offence such as section 18 GBH. If
it is a specific intent then the defence will not be applicable.
Basic intent = a criminal offense that requires the prosecution to prove that the
defendant intended to commit the act that led to the crime, but not necessarily the
specific outcome.
Specific intent = a criminal offense that requires proof of a specific purpose or
consequence. The defendant must have had an explicit and premeditated intention
to achieve a specific objective.
Involuntary = if a person has become intoxicated through no fault of their own, they may
not be able to form the Mens rea for an offence. Not always the case as drunken intent is
still intent and ignorance is no defence.
Self-defence/defence of another (complete defence so will lead to acquittal) = the defendant was
acting to protect themselves, another or property or to prevent a crime or effect a lawful arrest with
the substantive belief that force was immediately required and that based on the facts at the time it
was reasonable and proportionate. If this takes place at home the level of force needed is assumed
to be higher.
Parties:
Principal Offender = the person who committed the actus reas and mens rea of the crime
Accomplices = anyone who aids, abets, counsels, or procures another offender.
Inchoate offences: Attempt to commit an offence = a defendant can be charged with a completed crime as long as
evidence supports it. If charged with only an attempt, they may not be convicted of the completed crime.
, Procedure and processes at the police station
Rights of a suspect being detained by the police for questioning:
Right to legal advice
Individuals have a right to receive free private legal advice at any time during detention. The
Defence Solicitors Call Centre is normally contacted and determines if a call is sufficient. A delay is
allowed where the person is arrested for an indictable only or either way offence and a police officer
with the rank of superintendent or above has authorised it in writing as they have reasonable
grounds to believe that if they do not it could interfere with evidence etc. ONLY 36 HOURS OF
DELAYS
Right to have someone informed of arrest
Individuals have a right to have someone informed of their arrest. A delay is allowed where the
person is arrested for an indictable only or either way offence and an officer of the rank inspector
or above has authorised in writing as they have reasonable grounds to believe that if they do not it
could interfere with evidence etc. ONLY 36 HOURS OF DELAYS
Detention time limits under Police and Criminal Evidence Act (PACE) 1984, Code C:
A suspect can be kept in custody for 24 hours without charge.
A further 12 hours is allowed if they are arrested for an indictable only or either way offence and a police
officer with the rank of superintendent or above has authorised it as they have reasonable grounds to
believe that if they do not it could interfere with evidence etc and the investigation is being conducted
diligently.
A further 36 hour extension is allowed if a warrant for further detention is applied for in the Magistrates
court. This is authorised if the person is arrested for an indictable only or either way offence and there is a
reasonable ground to believe that if they do not it could interfere with evidence etc.
A further 24-hour extension can be granted on a second application to the magistrate’s court.
THE MAXIMUM TIME ALLOWED IS 96 HOURS.
Identification procedures (witness always warned suspect might not be present):
An identification procedure must be held if a witness identified or claims they can identify a suspect or if
there is a reasonable chance of an eyewitness being able to identify a suspect.
Different types of identification procedure:
Video = moving images of suspect and 8 others who resemble the suspect in age, height appearance
and position in life are shown. The Suspects counsel must be able to raise objections, and the
witness must be able to see the images twice.
Parade = the suspect and 8 others who resemble the suspect are lined up. Suspect can object to the
order and witnesses are separated. This will be recorded or colour photographed.
Group = the witness sees the suspect in an informal group, and this can take place without suspect
consent. A video or photo should be taken after identification.
Confrontation = A friend or solicitor of the suspect is present. The suspect is not restrained, and the
witness is asked if this is who they saw.
Criminal
The
ng Legal core principles of criminal liability
Knowledg
e Offences against the person:
Common Assault (6 months imprisonment/summary offence) includes the below offences:
SQE 2 Assault = intentionally or recklessly causing another to
apprehend the immediate application of unlawful force
(words are sufficient).
Battery = intentionally or recklessly causing unlawful force to another.
Assault occasioning Actual Bodily Harm (ABH) (5 years/ either way offence)
Governed by section 47 Offences Against the Person Act 1861. The mens rea for assault or battery
must be present and the actus reus must have caused ABH. The damage must be more than merely
trifling examples of which are scratches, bruising and psychiatric injury excluding fear or anxiety.
Wounding or Inflicting Grievous Bodily Harm (GBH) (7 years/ indictable only)
Governed by section 20 Offences Against the Person Act 1861. The actus reas of wounding (both
layers of the skin must be broken so bruising is not enough) or GBH (serious harm such as broken
bones or prolonged unconsciousness) and the mens rea of intention or recklessness must be
present.
Wounding or Inflicting Grievous Bodily Harm with intent (life/ indictable only)
Governed by section 18 Offences Against the Person Act 1861. The actus reas of wounding (both
layers of the skin are broken so bruising is not enough) or GBH (serious harm such as broken bones
or prolonged unconsciousness) and the mens rea that they intended to cause serious harm or
foresee a risk of some harm and intend to take such risk must be present.
Theft offences:
Theft (7 years/ either way offence)
Governed by section 1 of the Theft Act 1968. It is the dishonest appropriation of property belonging
to another with the intention to permanently deprive them.
Robbery (5 years/ indictable only offence)
Governed by section 8 Theft Act 1968. A person must dishonestly appropriate property belonging to
another with the intention to permanently deprive them (commit theft) and immediately before or
at the same time they use force on another or put the person in fear of force in order to steal.
Burglary by trespass with intent Section 9.1(a) (6 years/ either way offence)
Governed by section 9.1(a) of the Theft Act 1968. A person must knowingly or recklessly enter a
building or part of a building as trespasser with part of their body with the intent AT THE TIME OF
ENTRY to steal, inflict GBH or cause criminal damage. It does not matter if they managed to
complete their objective.
Burglary by offences committed following trespass entry Section 9.1(b) (6 years/ either way offence)
Governed by section 9.1(b) of the Theft Act 1968. A person must knowingly or recklessly enter a
building or part of a building as trespasser with part of their body after which they actually stole or
attempted to steal or cause GBH. No need to have intent when they entered.
, Aggravated burglary (13 years/ indictable only offence)
Governed by section 10 Theft Act 1968. While committing burglary the individual must have with
them a firearm or weapon. For s.9.1(a) it must be with them when they enter but for s.9.1(b) it just
needs to be with them for the other part of the offence.
Criminal damage:
Simple criminal damage (3 months/ summary offence)
When an individual without lawful excuse, destroys or damages property (excluding wild plants and
own property) belonging to another intending to do so or being reckless.
Aggravated criminal damage (life/ indictable offence)
When an individual without lawful excuse, destroys or damages property (can be their own
property) belonging to another intending to do so or being reckless and endanger life by the damage
(life need not be actually endangered just needs to be a possible risk).
Arson (life/ indictable offence)
Criminal damage by fire.
Aggravated arson (life/ indictable offence)
Aggravated criminal damage by fire.
Homicide:
Murder (life/ indictable offence)
A person who causes (factual causation “but for test”. but for their act the death would not have
occurred and the legal causation test that they must have been the substantial and operative cause)
the death either by actions or lack of action of another being (not a foetus as the baby must be out
the womb) unlawfully with the intent to kill (death can be brain dead) or cause GBH.
Voluntary manslaughter (life/ indictable offence)
The individual must have the actus reas and mens rea for murder but one of the below defences is
applicable:
Diminished responsibility (partial defence) = the defendant has an abnormality of
mental functioning that is a recognised medical condition that substantially
impaired their ability to understand their conduct, form a rational judgement or
exercise self-control and this provides an explanation. Burden is on the defendant
to prove on the balance of probabilities.
Loss of control (partial defence) = the killing resulted in a loss of self-control
caused by a qualifying trigger (not infidelity) such as a fear of serious violence,
something said that constitutes extremely grave character and the defendant felt a
justifiable sense of being seriously wronged and a person of the same age and sex
might have acted in the same way.
Involuntary manslaughter (life/ indictable offence)
The mens rea for murder is not present. There are two types of involuntary manslaughter:
Unlawful act manslaughter = defendant intentionally commits an unlawful,
dangerous offence that carries the objective risk to the victim and causes their
death.
, Gross negligence manslaughter = the defendant owes a duty of care which they
have breached which has caused a death and there was a serious risk and obvious
risk of death and as such the breach amounted to gross negligence.
Fraud (10 years/ either way offence):
There are multiple types of fraud:
by false representation = dishonestly make a false representation (misleading
representation is sufficient) that they know is dishonest and might be false or
misleading and intend to make a gain for themselves or another or to cause a risk
of loss to another.
by abuse of position = abuse their position in which they are expected to safeguard
the financial interest of another by an act or omission.
by failing to disclose = failing to disclose information they are under a duty to
disclose and intend to make a gain for themselves or another or to cause a risk of
loss to another.
General defences:
There are general defences that can be used against convictions:
Intoxication = in some circumstances can be argued to negate the mens rea.
Voluntary = if voluntary it will be examined if it was a dangerous or non-dangerous
substance. Non-dangerous substances such as legal prescription drugs can negate the mens
rea, but intent is still intent. If it is a dangerous substance they will look into if it is basic
intent such as section 20 GBH or if it is a specific intent offence such as section 18 GBH. If
it is a specific intent then the defence will not be applicable.
Basic intent = a criminal offense that requires the prosecution to prove that the
defendant intended to commit the act that led to the crime, but not necessarily the
specific outcome.
Specific intent = a criminal offense that requires proof of a specific purpose or
consequence. The defendant must have had an explicit and premeditated intention
to achieve a specific objective.
Involuntary = if a person has become intoxicated through no fault of their own, they may
not be able to form the Mens rea for an offence. Not always the case as drunken intent is
still intent and ignorance is no defence.
Self-defence/defence of another (complete defence so will lead to acquittal) = the defendant was
acting to protect themselves, another or property or to prevent a crime or effect a lawful arrest with
the substantive belief that force was immediately required and that based on the facts at the time it
was reasonable and proportionate. If this takes place at home the level of force needed is assumed
to be higher.
Parties:
Principal Offender = the person who committed the actus reas and mens rea of the crime
Accomplices = anyone who aids, abets, counsels, or procures another offender.
Inchoate offences: Attempt to commit an offence = a defendant can be charged with a completed crime as long as
evidence supports it. If charged with only an attempt, they may not be convicted of the completed crime.
, Procedure and processes at the police station
Rights of a suspect being detained by the police for questioning:
Right to legal advice
Individuals have a right to receive free private legal advice at any time during detention. The
Defence Solicitors Call Centre is normally contacted and determines if a call is sufficient. A delay is
allowed where the person is arrested for an indictable only or either way offence and a police officer
with the rank of superintendent or above has authorised it in writing as they have reasonable
grounds to believe that if they do not it could interfere with evidence etc. ONLY 36 HOURS OF
DELAYS
Right to have someone informed of arrest
Individuals have a right to have someone informed of their arrest. A delay is allowed where the
person is arrested for an indictable only or either way offence and an officer of the rank inspector
or above has authorised in writing as they have reasonable grounds to believe that if they do not it
could interfere with evidence etc. ONLY 36 HOURS OF DELAYS
Detention time limits under Police and Criminal Evidence Act (PACE) 1984, Code C:
A suspect can be kept in custody for 24 hours without charge.
A further 12 hours is allowed if they are arrested for an indictable only or either way offence and a police
officer with the rank of superintendent or above has authorised it as they have reasonable grounds to
believe that if they do not it could interfere with evidence etc and the investigation is being conducted
diligently.
A further 36 hour extension is allowed if a warrant for further detention is applied for in the Magistrates
court. This is authorised if the person is arrested for an indictable only or either way offence and there is a
reasonable ground to believe that if they do not it could interfere with evidence etc.
A further 24-hour extension can be granted on a second application to the magistrate’s court.
THE MAXIMUM TIME ALLOWED IS 96 HOURS.
Identification procedures (witness always warned suspect might not be present):
An identification procedure must be held if a witness identified or claims they can identify a suspect or if
there is a reasonable chance of an eyewitness being able to identify a suspect.
Different types of identification procedure:
Video = moving images of suspect and 8 others who resemble the suspect in age, height appearance
and position in life are shown. The Suspects counsel must be able to raise objections, and the
witness must be able to see the images twice.
Parade = the suspect and 8 others who resemble the suspect are lined up. Suspect can object to the
order and witnesses are separated. This will be recorded or colour photographed.
Group = the witness sees the suspect in an informal group, and this can take place without suspect
consent. A video or photo should be taken after identification.
Confrontation = A friend or solicitor of the suspect is present. The suspect is not restrained, and the
witness is asked if this is who they saw.
