Intro and court structure
Types of offences
Burden of proof
What is a crime?
Legally defined prohibited conduct
Legislation and common law
The health protection (covid, wearing face coverings on public transport) (England)
regulations 2020. Made by sec of state for health using powers granted by public
health (control of disease) Act 1984.
Reg 3- (1) no person may, without reasonable excuse, use public transport service
without face covering.
Reg 6- (1) a person who contravenes this in reg 3 commits an offence.
Reg 6- (4) offence under this reg is punishable on summary conviction by fine.
Criminal courts
Courts of first instance- trials and sentencing
Magistrates court
Crown court
Senior courts- appeals
Administrative court in King’s Bench Division of England and Wales- High court
Court of appeal (criminal division)
Supreme court UK
Types of offences
Summary offences:
Common assault
Heard in magistrates court
Offences triable either way
Theft/ burglary
Heard in magistrates or crown court
Dependent on circumstances
Indictable only offences
Murder/ rape
Must be tried at crown court
Burden and standard of proof
Burden of proof: prosecution have to prove case against accused.
Standard of proof: beyond reasonable doubt- ‘satisfied so that you are sure’.
Sometimes (rare) burden is on defence in relation to element of offence.
On balance of probabilities
Evidential burdens.
Types of offences
Burden of proof
What is a crime?
Legally defined prohibited conduct
Legislation and common law
The health protection (covid, wearing face coverings on public transport) (England)
regulations 2020. Made by sec of state for health using powers granted by public
health (control of disease) Act 1984.
Reg 3- (1) no person may, without reasonable excuse, use public transport service
without face covering.
Reg 6- (1) a person who contravenes this in reg 3 commits an offence.
Reg 6- (4) offence under this reg is punishable on summary conviction by fine.
Criminal courts
Courts of first instance- trials and sentencing
Magistrates court
Crown court
Senior courts- appeals
Administrative court in King’s Bench Division of England and Wales- High court
Court of appeal (criminal division)
Supreme court UK
Types of offences
Summary offences:
Common assault
Heard in magistrates court
Offences triable either way
Theft/ burglary
Heard in magistrates or crown court
Dependent on circumstances
Indictable only offences
Murder/ rape
Must be tried at crown court
Burden and standard of proof
Burden of proof: prosecution have to prove case against accused.
Standard of proof: beyond reasonable doubt- ‘satisfied so that you are sure’.
Sometimes (rare) burden is on defence in relation to element of offence.
On balance of probabilities
Evidential burdens.
