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22 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What is crime? |
A crime is a wrong against the state; either by commission or omission. |
Wrong. |
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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. |
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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. |
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Who is criminal law laid down by? |
Most criminal law is laid down by parliament. |
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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. |
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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. |
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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 |
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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. |
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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. |
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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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What are the three situations police can grant bail? |
1. To a suspect released without charge on the condition that they return to the police station on a specific date in future that they have been given. (S37 police and criminal evidence act 1984) 2. To a defendant who has been charged with an offence under their EAH at the magistrates court. (S38 police and criminal Evidence act 1984) The custody office can refuse bail if the suspects name and address cannot be discovered of if there is a problem with the name and address give are genuine. 3. Police can grant “street bail” for minor offences, without the need to take them to the police station. (S4 criminal justice act 2003) |
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Condition bail. |
Conditions can be imposed on bail by the police and courts- Criminal justice and public order act 1994. Examples of conditions include: •curfew •Electronic tag •Reporting regularly to the police station •Residence at a bail station |
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Case: R v Hookway (2011) |
The “police and criminal evidence act 1984” states that police officers can not detain a suspect for more than 96 hours before they must release or charge them. The ruling in R v Hookway (2011) means that the clock is ticking regardless of whether the police are actually questioning the suspect or not. After 96 hours officers can no longer question suspects and can only re arrest them if they have new evidence. |
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Case study: 28 day limit on police bail. |
The police and criminal justice bill 2015 has proposed that where a suspect has been released on police bail without charge, that the maximum time they can be on bail is 28 days. |
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S4 Bail Act 1976 - there is a presumption that everyone should be granted bail. |
Bail need not be granted if there are substantial grounds for believing that the defendant, if released would: 1. Fail to surrender to custody 2. Commit an offence while on bail 3. Interfere with witnesses or other obstruct the course of justice 4. Commit an offence against an “associated person” in a domestic case. |
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Schedule 9 Bail Act 1976 - factors taken into consideration by the courts when making the decision to grant bail. |
1. The nature and seriousness of the offences; 2. The character, past record, associations and community ties of the defendant. 3. The defendants record on surrendering to bail on previous occasions; 4. The strength of the evidence against him. |
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Schedule 9 Bail Act 1976 - factors taken into consideration by the courts when making the decision to grant bail. |
1. The nature and seriousness of the offences; 2. The character, past record, associations and community ties of the defendant. 3. The defendants record on surrendering to bail on previous occasions; 4. The strength of the evidence against him. |
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S90 Legal Aid, sentencing and punishment of Offenders Act 2012. |
“No Real Prospect Test” The courts power to refuse bail is restricted where it appears that there is no real prospect that the defendant would receive a custodial sentence if convicted. |
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Restrictions on Bail: |
Bail can be restricted on the following circumstances: • where a suspect has tested positive for class A drugs and the offence is one connected with class A drugs (s19 Criminal Justice Act 2003) • where the offence has been committed by someone who is already on bail at the time of offence (s14 Criminal Justice Act 2003) • where a person has previously served a custodial sentence for murder, manslaughter or rape and the current offence is murder, manslaughter or rape the judge can only grant bail if there are no exceptional circumstances. (Legal Aid sentencing and punishment of Offenders Act 2012) • where the offence is murder, bail may only be granted by a crown court judge (s115 coroners and justice act 2009) |
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Advantages of bail. |
• There is a reduction in the number of defendants on remands which means less cost to the government. • The defendant can maintain employment and spend time with family during his bail time. • The defendant can use the time to prepare for their trial; being able to meet with their legal representatives. |
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Advantages of bail. |
• There is a reduction in the number of defendants on remands which means less cost to the government. • The defendant can maintain employment and spend time with family during his bail time. • The defendant can use the time to prepare for their trial; being able to meet with their legal representatives. |
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Disadvantages of bail. |
• There is a risk that the defendant will interfere with witness or otherwise obstruct the course of justice. • 12% of bailed offenders don’t attend their trial; which leads to a risk of them not surrendering to bail. • There are starting statistics on the number of offences committed by people who are on bail. |
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