Summary of an introduction to Criminal law and the court structure

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.