Criminal Law

Peter Robertson

Description

A Guide to Criminal Law, Revised edition, is a comprehensive guide to the legal system and the area of criminal law as it affects people in a day-to-day capacity. The book is clear and concise and covers all the relevant areas of the criminal justice system and is designed for those people who either wish to understand more about the legal system or wish to know more about a specific area of law. Case law to 2019 is covered. The book is updated to 2019 and is accessible to all levels of readership.

Informations

• Publié par: Straightforward Publishing
• Date de parution: 25 février 2021
• Nombre de lectures: 0
• EAN13: 9781913776893
• Langue: English

Extrait

A GUIDE TO CRIMINAL LAW
Revised Edition
Peter Robertson
Editor: Roger Sproston
Emerald Guides
Emerald Guides Straightforward Co Ltd 2021
All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or otherwise, without the prior permission of the copyright holders.
ISBN: 978-1-913776-01-5 ePUB ISBN: 978-1-913776-89-3 Kindle ISBN: 978-1-913776-80-0
Printed by 4edge www.4edge.co.uk
Cover design by Straightforward Graphics
Whilst every effort has been made to ensure that the information contained within this book is correct at the time of going to press, the author and publisher can take no responsibility for the errors or omissions contained within.
CONTENTS
Introduction
Table of cases
Chapter 1-The Development of Law
Customs
General customs
Local customs
Common law
Equity
Judicial precedents
The doctrine of precedents
Ratio Decidendi
Obiter Dicta
Original precedent
Binding precedent
Persuasive precedent
The hierarchy of courts and precedent-England and Wales
The European Court of Justice
The Supreme Court
Court of appeal
Divisional courts
Courts of first instance
The High Court
Inferior courts
Use of Practice Statement
Distinguishing, overruling and reversing previous decisions
Advantages and disadvantages of precedent in the law
Disadvantages
The Hierarchy of Courts in Scotland
Civil Courts
The Supreme Court of the United Kingdom
Court of Session
Sheriff Court
Criminal Courts
High Court of Justiciary
Sheriff Court
District Court
Justice of the Peace Courts
Tribunals and Special Courts:
The legal system in Northern Ireland
Courts In Northern Ireland
Agencies involved in the justice system
Reporting cases England and Wales, Scotland and Northern Ireland
Chapter 2-The Purpose of Criminal Law
Defining a crime
Sources of criminal law
The classification of offences
Summary offences
Indictable offences
Pre-Charge Bail
Triable either-way offences
Elements of a crime
The burden of proof in criminal law
Establishing criminal liability
The actus reus of a crime
State of affairs cases
Conduct of the accused
Result or consequence
Causation
Factual causation
Legal causation
The acceleration principle
An omission
The Mens Rea of a crime
Different degrees of mens rea
Crimes of specific intent
Crime of basic intent
Intention
Direct intention
Oblique intention
Recklessness
Cunningham recklessness
Caldwell recklessness
Negligence
Criminal negligence
Transferred malice
Strict liability
Different types of strict liability offences
Regulatory offences
More serious criminal offences
Chapter 3-Homicide-Unlawful Killing
The distinction between murder and manslaughter
Murder
The definition of murder
Current definition of murder
Under the Queen s peace
Malice aforethought
Chain of causation
Voluntary manslaughter
Diminished responsibility
Provocation
Evidence of provocation
Loss of self-control
Reasonable man (normal person) acting in a similar way
The survivor of a suicide pact
Infanticide
Abortion
Involuntary manslaughter
Constructive (or unlawful act) manslaughter
Unlawful act
Act must also be dangerous
Manslaughter by gross negligence
Killing a child or vulnerable adult
Corporate manslaughter
Causing death by driving 82
Chapter 4-Non-Fatal Offences Against the Person
Assault
Assaults on Emergency Workers
Actus reus of assault
The threat of assault
Mens rea of assault
Battery
Not all touching is unlawful.
Indirect battery
The actus reus and mens rea of battery
Consent as a defence
Actual Bodily Harm
Defining actual bodily harm
Malicious wounding or grievous bodily harm
Harassment and stalking
The Stalking Act 2019
Harassment
Putting the victim in fear of violence
Racially or religiously aggravated harassment
Northern Ireland
Scotland
Chapter 5-Sexual offences
Rape
Penetration
Consent
Belief in consent
Assault by penetration
Sexual in nature
Sexual assault
Child victims
Sexual activity with a child
Chapter 6-Property Offences
Theft and other related offences
Things in action
Robbery
Burglary
Elements of burglary
Entry
Trespasser
Building
Aggravated burglary
Actus reus
Mens rea
Criminal Damage
Defences to Criminal damage
Aggravated criminal damage
Arson
Damage to computer programmes 117
Chapter 7-Fraud and Non-Payment
Fraud-Elements of fraud
False representation
Actus reus
Mens rea
Untrue or misleading
Express or implied
Dishonesty
Intention to make gain or cause loss
Fraud by abuse of position
Making off without payment
Chapter 8-Parties to a Crime
The principal offender
Secondary offenders
To counsel
To procure
Knowledge that a crime is to be committed
Chapter 9-Defences in Criminal Cases
Age and lack of capacity
Below age of ten
Between ages of ten and fourteen
Children of fourteen and over
Insanity
Unfitness to plead at trial
Insanity at the time of the crime
Defence of insanity under M Naughton rules
Non-Insane Automatism
Intoxication
Involuntary intoxication
Mistakes about the law
Self-defence
The Criminal Justice and Immigration Act 2008
Necessity
Duress
Duress of circumstances
Marital coercion
Public and private defence
Chapter 10-Inchoate Offences
Attempts to commit a crime
The actus reus of attempt
More than merely preparatory
The mens rea of attempt
Conspiracy to commit a crime
The actus reus of conspiracy
The mens rea of conspiracy
Incitement
The mens rea of incitement
Encouraging or assisting crime
Liability under the Serious Crime Act 2007
Defences of acting reasonably
Defences for victims
Chapter 11-The Legal System
Criminal cases
PACE
Police powers
Powers before arrest
Powers to arrest-serious arrestable offences
Powers to stop and search
Voluntary searches
Other powers to stop and search
Roadside checks
The power to search premises
Powers to enter premises without a search warrant
To prevent a breach of the peace
Searching with the consent of the occupier of the premises
Unlawful entry and search
Powers of arrest
Arrestable offences
PACE Section 24- mended by the Serious Organised Crime and Police Act 2005-Arrests by police and private citizens
PACE Section 25, as amended by the SOCAP Act 2005
Other rights of arrest
Arrest for breach of the peace
The right to search an arrested person
Powers to detain suspect
Rights of detained people
Police interviews
The right to silence
Searches, fingerprints and samples
Complaints against the police
The Independent Office for Police Conduct
Chapter 12-Hearing Criminal Cases
Pre-trial hearings
Categories of criminal offences
Bail
Bail sureties
Bail for CPS advice
Pre-charge bail
Consultation on new bail laws 2021
The Crown Prosecution Service
Criminal courts
The role of the Magistrates Court
Summary Trials
Triable either-way cases- Plea before venue
Sending cases to the Crown Court
Committal proceedings
Youth courts
Appeals from the Magistrates Court
Further appeal to the Supreme Court
The Crown Court
Preliminary matters in the Crown Court-The indictment
Disclosure by prosecution and defence
The trial
Appeals in criminal cases
Appeals to the Supreme Court
Sentencing
Custodial sentences
Community sentences
Fines
TheLegal Aid, Sentencing and Punishment of Offenders Act 2012
Discharges
Other powers available to the courts
The Serious Crime Act 2015
Offenders who are mentally ill
Anti-social behaviour orders
New sentencing guidelines for magistrates courts
Index
*****
Table of cases
Adamoko 1995 AC 171
80
AG v Whelan 1934 IR 518
133
Anderton and Burnside 1984
105
Arioboke 1998 Crim LR 314
77
B (a minor) v DPP (2000)
63
Bainbridge 1960 1 QB 129
124
Beckford 1988 AC 130
132
Bibby v Chief Constable of Essex 2000
149
Bounekhla 2006
100
Braham 2013
97
Bree 2007
98
Briggs 2003 EWCA Crim 3662
105
Brown 1985 73
111
Caldwell and Lawrence 1982 AC 341
58
Calhaem 1985 QB 808
123
Camplin 1978 AC 705
72
Chamberlaine v Lindon 1998 1 WLR
116
Chan-Fook 1994 1 WLR 689
89
Church 1966 1 QB 59
78
Collins 1973 QB 100
109
Collins and Wilcock 1984 1 WLR
86
Coney 1883 8 QBD 534
87
Costanza 1997
84
Cotswold Geotechnical Holdings Ltd 2012
81
Cunningham 1957 2 QB 396
57
Cunliffe v Goodman 1950 2 KB 237
55
Donnelly v Jackman 1970
87
DPP v Dunn (2000)
92
DPP v Smith (1911)
56
Duffy 1949 1 ALL ER 932
71
Dytham 1939 QB 722
53
Egerton v Harding 1974
24
Gammon (Hong Kong Ltd) v Attorney General
62
G 2009
102
Ghosh 1982
120
Goodfellow 1986 83 Cr App R 23
78
Grewal 2010
96
Hong Kong 1984
62
Hale 1978 68 Cr App R 415
108
Hardie 1985 1 WLR 64
130
Heal 2008
94
Heard 2008
97
Hill v Baxter 1958 1 QB 277
129
Hughes 2013
82
Hunter and Others c Canary Wharf Ltd and LDDC 1995
27
Invicta Plastics Ltd v Clare 1976 RTR 251
137
Instan 1893 1 QB 450
54
Jheeta 2007
97
JM and SM 2012
79
Jaggard v Dickinson 1981 QB 527
115
Johnson v Youden and Others 1950 1 RB 544
124
Jones 1990 1 WLR 1057
135
Kelly 2003
92
Lamb 1943
76
Larkin 1943 KB 174
75-76
Latimer 1886
60
Leach 1969
87
London Borough of Harrow v Shah and Shah 2000
60
Lou v DPP 2000
92
M and Another 2009
63
Marchant and Muntz 2004
52
Martin 1881
87
Mcleod v Commissioner of Police for the Metropolis 1994
146
McNaughton 1843
128
Mitchell 1983
77
National Coal Board v Gamble 1959 1 QB 11
125
Pagett 1983 76 CR App R 279
51-68
Pearson 1992 Crim LR 193
70
Pitham and Hehl 1977 65 Cr App R 45
105
Pitwood 1902 19 TLR 37
53
Rance v Mid-Downs Health Authority 1991 1 QB 587
66
Re A (Children) 2000 EWCA Civ 254
133
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