introduction to criminal law ne...bhf tt e.g.;- murder , theft , rape e.g.;- breach of contract or...

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Introduction toIntroduction to Criminal law

compulsory subject

CFPS

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OUR LONDON LLB COURSE

•What do we•What do we study for

criminal law ?

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ENGLISH CRIMINAL LAWcompulsory subject

•The lawyer’s•The lawyer’s method

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Being a lawyer is not about knowing a lot

of law and learning a lot of cases

• Do you remember whatDo you remember what you learnt or history

during your school days?

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Most of the law that you know will be during exam time

We don’t remember most of the law that we learned at law school

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• But we have picked up an understanding of the basic principles of each of the subjects that we have learned and

• we have internalised the skills andwe have internalised the skills and

competencies which are so valuable for lawyers’ clients

Skills and competencies necessary for proficiency in Criminal law

1. A knowledge of the rules and principlesi i i l ffgoverning criminal offences

Offences burden of proof

DefencesDefences

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• An ability to use books, libraries and the i t t t th linternet to use these rules


• A basic understanding of the rules of evidenced dand procedure

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• An ability to identify the rule(s) applicable to f t it ti d t l th l i lla fact situation and to apply them logically

and coherently.

Theft & Murder – definitions

Theft Murder

Dishonestlyappropriatingproperty belongingto another with the intention of

Unlawfully killing a human being withmalice aforethought

intention of permanently depriving the other of it

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ABOVE COMPETENCIES ARE A MUST FOR JUDGES /LAWYERS

FOR THEIR DAY-TO-DAY FUNCTIONS

ABOVE COMPETENCIES ARE ALSO A

MUST FOR YOU

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A true mastery of the above competencies

•Also requires a criticalqand evaluative attitude( that is they don’t want you not to take what you learn atnot to take what you learn at

face value)

It is for this reason that it is said that

“criminal law in action is not just a matter of doctrine”doctrine”.

criminal law doctrine must deliver criminal justice

and criminal justice is a contingent outcome in which rule, process and context all play their part.”

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• So to understand criminal law it requires the i ti f th d t d ki f thappreciation of the day-to-day workings of the

criminal justice system.

• This would require an understanding of the resources of the criminal law to produce substantive justice. j

The criminal law is more than a set of rules

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• The criminal law is not just a set of rules. It is underpinned by ethical and political principles underpinned by ethical and political principles designed to ensure both justice to the individual and protection to the community the individual inhabits. If the mechanical application of a given rule to a fact situation acquits a dangerous or wicked person, or convicts someone neither dangerous nor blameworthy according to ordinary standards, the law may be considered not only ‘an ass’ but as confounding its own rationale. ( William Wilson, Criminal law – page 03 )

Lawyers do subject the rules to critical scrutiny.

Doing it in court Doing it outside court

• .They have to do it in court –its their job to fight th i li t’

Sometimes, they would go to the extent of being

iti l f th ltheir client’s cause

critical of the law even outside courts.

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You also have to look at the law critically

• UOL expects you to look at these rules in a iti lcritical manner.

• Throughout your subject guide you will be asked whether you agree with somethingasked whether you agree with something

( take these seriously)

Ireland’s caseWhat’s the critical thinking you should be deploying?

• Should he be convicted of Assault occasioning actual bodily harm?

• Are silent calls Bodily harm or mental harm?

• House of Lords upheld conviction. Is this fair?

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What does criminal law comprise?

Criminal law & Civil Law

Criminallaw Civil Law

There is prospect of punishment

There is no prospect of punishment

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Criminal law & Civil Law

Criminallaw Civil Lawb h f t t

e.g.;- murder , theft , rape e.g.;- breach of contract or trespass

The state takes the case of the affected party to

The affected individual takes the case to courtaffected party to

court (serious social impact)

the case to court

Purposes of Criminal law

According to the American Model Penal Code1. To forbid and prevent conduct that unjustifiably and1. To forbid and prevent conduct that unjustifiably and

inexcusably inflicts or threatens substantial harm to individual or public interests

2. To subject to public control persons whose conduct indicates that they are disposed to commit crimes

3. To safeguard conduct that is without fault from condemnation as criminal

4. To give fair warning of the nature of the conduct declared to be an offence

5. To differentiate on reasonable grounds between serious and minor offences.

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•Which of the aboveWhich of the above propositions were contradicted in the

Ireland’s case?

Criminal Procedure

• Law enforcement and the machinery of criminal justice discharges the purposes of

Criminal law.

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law enforcement

1. Preventing crime ( via policing)2 Bringing offenders to justice

Law enforcement

Bringing

2. Bringing offenders to justice

Preventing crime

Bringing offenders to

justice

• Arrestable crimes – can arrest without a twarrant

• Non Arrestable crimes – cant arrest without a warrant

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Crown Prosecution Service (CPS)

• Has overall responsibility for bringing proceedings

/• THEY HAVE DISCRETION/INFLUENCE

They assess the weight of evidence and decide in the light of evidence

and the public interest

whether a prosecutionwhether a prosecution

should proceed.


Do you agree with the way they

exercised this discretion in

Ireland’s case?

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• Official charging standards govern exercise of th b di tithe above discretion.

• But there can be differences in between the offence committed and the offence with which the D is charged.

e g :- a person who has committed woundinge.g.:- a person who has committed wounding may be charged with only assault ( This is called undercharging)


Benefits of undercharging It h id ti l d t It i i• It may have evidential advantages. It is easier to prove theft than robbery.

• It may encourage a guilty plea.• It may enable the case to be heard summarily

rather than on indictment. The advantage for the prosecution of summary trial is that it is less costly and more efficient. It is also thought to increase the chances of conviction.

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Offences are triable

• 1. summarily – that is, before magistrates

• 2. on indictment – that is, in Crown Court before a judge and jury

• 3. either way – that is, either summarily or on indictment.

• All defendants have a right to jury trial in t f ff t i bl ith Irespect of offences triable either way. In

practice, the vast majority of offences are heard by magistrates.

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• Whether heard summarily or on indictment, the trial is regulated by the rules of evidence and trial is regulated by the rules of evidence and procedure..

• The formal accusation made against a defendant is in the form of an indictment or,

• where the matter is tried summarily before magistrates, an information.

• This contains a statement of the offence and particulars of the offence charged.

An indictment for Burglary

• Statement of Offence: burglary contrary to section 9 (1)(b) Theft Act 1968section 9 (1)(b) ,Theft Act 1968

• Particulars: John Smith on the first of September 1998, having entered a building known as Buckingham palace as a trespasser, t l th i histole therein one cushion.

Wilson. W , Criminal Law – page 09

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An indictment in the Ireland case

• Statement of Offence: assault occasioning actual bodily harmactual bodily harm

• Particulars: John Ireland, between the dates of September 1998 and May 2004, assaulted Vicky Henderson, causing her actual bodily hharm.

Wilson. W , Criminal Law – page 09

The different roles of the judge and the jury

• JUDGES OF LAW JUDGES OF FACTS

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Judge • Takes care and gives rulings on matters of law

E g Whether psychiatric injury is covered byE.g. Whether psychiatric injury is covered by Assault Occasioning Actual Bodily Harm ( Ireland’s case)

Judge

Guiding and supervising the jury

• Tell them the law ( charges/• Tell them the law ( charges/

burden of proof e.tc)

• Tell them the facts they should consider/ they should discard

Instructions to the jury= jury direction

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Jury

• They have to ultimately decide how much i ht t ib t th i i fweight to ascribe to the various pieces of

evidence – they give the verdict

SOURCES of English Criminal Law

STATUTE

COMMON LAW (e.g. Murder)

STATUTE( e.g. Theft )

EU LAW & THEEU LAW & THE EUROPEAN

CONVENTION ON HUMAN RIGHTS

( cases Dudgeon v. UK, A v. UK)

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Parliament acted quickly subsequent to the following judgments

• Dudgen V. UK- legislative action criminalisinghomosexual activity between consenting adults in private in Northern Ireland was in Breach of Article 8 of the EUHRArticle 8 – Right to respect for private and family life

• A v. UK- common law defence of reasonable chastisement which had led to the acquittal of a man who had beaten his step-child with a garden cane did not provide adequate protection for the latter’snot provide adequate protection for the latter s Article 3 rightsArticle 3 -“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

What will happenWhat will happen after Brexit?

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STUDY MATERIALS

YOUR CORE TEXT BOOK

• Wilson, William. Criminal law. (Harlow: Longman, 2011) Fifth edition

Professor W. Wilson

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Case books

Some other useful textbooks

• Ormerod, D. Smith and Hogan: Criminal law. (Oxford: Oxford University Press,2011) thirteenth edition [ISBN 9780199586493].

• Ashworth, A. and J. Horder Principles of criminal law. (Oxford: Oxford University Press, 2013) seventh edition [ISBN 9780199672684].

• Clarkson C.M.V. and H. Keating Criminal law: texts and materials. (London: Sweet & Maxwell, 2010) seventh edition [ISBN 9781847039187]]

• Herring, J. Criminal law: text, cases and materials. (Oxford: Oxford University Press, 2012) fifth edition [ISBN 9780199646258].

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Online resources

• The VLE

• Online library

• SUBJECT GUIDES

• Computer marked Assessments

• Newsletters

• Past examination papers

• Audio presentations

introduction to criminal law ne...bhf tt e.g.;- murder , theft , rape e.g.;- breach of contract or...

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