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What is crime?
A crime is a wrong against the state; either by commission or omission.
Wrong.
Definition of crime
Proprietary Articles Trade Association v Attorney General For Cananda (1931)
Lord atkin stated “the criminal quality of an act cannot he discerned by intuition (made out by gut feeling); nor can it be discovered by reference to any standard but one is the act prohibited by penal consequences.
Lord atkin.
Those who commit crime are prosecuted by the state (as opposed to civil law where actions are taken by individuals) the CP will conduct these proceedings.
The government develops a code of behaviour for the whole of society to follow in order to maintain social control and standards in society.
State.
Who is criminal law laid down by?
Most criminal law is laid down by parliament.
Common law offences.
Murder is an example of a common law offence.
Not defined in any statute.
Judges imposed a death penalty for murder until parliament stepped in and passed the murder (abolition of the Death Penalty) Act 1965.
Parliament will step in and provide statutory guidelines when they feel it’s necessary to bring the law into line with policy.
Cases for common law offences. Conspiracy to corrupt public morals.
Shaw v Dpp (1962): The defendant published a book with the names, pictures and services offered by prostitutes and was convicted of conspiracy to corrupt morals.
Marital rape: R v R (1991): president stated that a husband could not be guilty with raping his wife. The House of Lords held that the status of women in society had changed and had now achieved equality with men. If a women does not consent to sex the husband could be found guilty of rape.
Knuller v Dpp (1973): The House of Lords stated that they did not feel it was their remit to create offences and that it should be left to parliament wherever possible.
What two elements need to be presented for someone to be convicted of a crime?
Actus Reus: The guilty act
Mens Rea: The guilty mind
What is bail?
Bail is the release of a person until the next stage of the case; article 5-right to Liberty. Every person is “innocent until proven guilty”
A person can be released on bail at any point after being arrested by the police.
Who can bail be granted by?
Bail can be granted by:
The police.
• Police and criminal evidence act 1984.
• Criminal justice and Public order act 1994.
• Criminal justice act 2003.
The courts.
• Bail act 1976
• Legal aid, sentencing and punishment of offenders act 2012.
Bail overview.
If the individual is arrested and they are not charged they are allowed to go but they have return to the police station.
If the individual is arrested and is charged they attend an early administrative hearing at the magistrates court and attend a trial.
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