No plagiarism, guaranteed! Tutor-marked assignments. I can but hope that the procedure Thus, most students will be familiar with what each offence is. The prosecution must show beyond reasonable doubt that the offence occurred and was done by the accused person (or the defendant). The majority of criminal defence solicitors will work in areas of general crime, usually in a high street law firm or larger firms focusing on a range of publicly funded work. A Magistrate in Search of the Causes of Crimes 1 ... the United Kingdom, and the circumstances of the growth of such jurisprudence to the intent that the Com- ... in criminal law and practice, to update discourses which are already 17 years old. The law relating to consent in sexual offences is unfair. In the criminal courts, there are generally two levels of court. If someone commits an offence of violence (such as assault) to prevent getting injured, to prevent someone else getting injured, or to protect his or her property, then that can sometimes mean they are entitled to a defence. Crime is a common part of everyday life. Introduction to Criminal Law Criminal Law is one of the essential core subject areas required for a qualifying law degree. This module is an ideal introduction to one of the key areas of social sciences as it offers you an informed understanding of how criminal law is applied and its connection to social order/disorder, as well as criminal justice. It does not have to be the only cause provided it still substantially impaired the mental responsibility of the defendant. That means there must be no other obvious course of action to avoid the injury or damage (such as running away), and the level of force used must be proportionate to the threat so stabbing someone to stop them scratching your car probably would not count as a defence in law, and the fact that the defendant thought the action was reasonable is not enough to suggest that it was. The Lay Magistrates or the District Judge decide not only on the law, but also whether someone is guilty or not guilty. This course covers all the topics to give you a good overview of how criminal justice operates within our society. However, the majority of criminal offences are now statute based. Linking discussion of legal theories, case-law and practice to scholarship and opinion, A Critical Introduction to International Criminal Law explores these critiques through five main themes at the heart of contemporary dilemmas: • The shifting contours of criminality and international crimes • The tension between individual and collective responsibility • The challenges of domestic, international, … Introduction xi 1. Thus, most students will be familiar with what each offence is. Magistrates are people from the community who become judges on a voluntary basis after being given their own introduction to criminal law in the form of basic legal training. It regulates social conduct and prescribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. Criminal law is an example of public law. But opting out of some of these cookies may have an effect on your browsing experience. We're here to answer any questions you have about our services. Registered Data Controller No: Z1821391. Discuss. Most clients will not want or need to worry about this fairly confusing language, beyond the earlier explanation at the beginning of this paragraph. There are clearly offences which are both illegal and immoral, e.g. The force used must be necessary, and reasonable. This course will be delivered online. They include: This is a defence when the act has been done unconsciously and involuntarily, done by the muscles without any control by the mind. 1. Introduction to Criminal Law Criminal Law is one of the essential core subject areas required for a qualifying law degree. They include: There are other defences which relate to the mental state of the person who is accused. These are laid down by Parliamentary Law (statutes like the Theft Act 1968, or by previous decided case history in the courts (common law). We'll assume you're ok with this, but you can opt-out if you wish. Entry Requirements . It is also important to differentiate between a criminal and a civil wrong. Thus, most students will be familiar with what each offence is. The phrase that judges use is you must be satisfied so that you are sure. View all details on Introduction to Criminal Law Level 3 course on reed.co.uk, the UK's #1 job site. Course content Unit 1. Crime is around us in many forms and it is a feature of everyday news. The Law says that the defendant must prove that he was suffering from an ‘abnormality of mind‘ caused by something inherent and which substantially impaired the defendant’s responsibility for the killing. They are helped by the Court Clerk, who is a qualified lawyer, whose job it is to make sure they get the law right. Just because someone is guilty of committing an illegal act, and of meaning it/knowing it was wrong, that doesn’t definitely mean that they are guilty of the offence. In the Magistrates Court, questions of law (procedure and legal issues) are dealt with by part time judges called Magistrates, or by a District Judge, who is a former lawyer. Crime is a common part of everyday life. Going through criminal proceedings can be a daunting experience, especially if it’s for the first time. He can appear as a judge on his own, but the magistrates (sometimes called Lay Magistrates or a Lay Bench) must appear with two or three in court at any one time. An Introduction to Scots Criminal Law clearly explains the main aspects and principles of criminal law for students on LL.B. An example could be sleepwalking, or being in a trance, or even hypo/hyperglycaemia caused by diabetes. If no verdict can still be reached, a re-trial may be ordered. However, it is important to understand that focus must be placed on legal principles derived form legislation and case law, as common conceptions of crime can be very different to its actual elements. A majority of 9 to 3 is not enough. They include, for example, murder, assault, fraud, sexual and property offenses and other. To simplify, they must prove that the accused did it, and did it on purpose. One of the first principles that need to be covered in any introduction to criminal law To convicted someone of an offence, the Prosecution has to show the court that the person has committed the offence to a level of certainty which is very high. Mary Monson Solicitors is the trading name of Mary Monson Solicitors Limited. This court deals with less serious types of offence, such as most motoring offences, or low value thefts and less serious assaults. However, the jury have to accept the facts as the defendant honestly believed them to be at the time, even if he or she was mistaken. The prosecution must prove two things before a person can be convicted of an offence. Criminal Law is relevant to a diverse range of professions; not only the criminal justice system, but for the police, government, social work and many more. Neil Boister's An Introduction to Transnational Criminal Law is a great manual both as an overview of criminal law in the globalised world as emerging subject and as a comprehensive collage of various materials and various tools which make transnational criminal law differ from other areas of legal studies and/or transnational criminology. Then they can consider whether his reaction, for example stabbing the attacker first, was reasonable by their standard. Representation of People with no Previous Convictions. In the Magistrates Court, there are no Juries. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. This means that for some less serious offences, there is no right to trial by jury, which comes as a shock to some people, as Trial by Jury has in the past been considered by most people to be a constitutional right. Criminal Law and Procedure01 - Introduction Page 5 of 19 General principles operate as deterrents by targeting the mentalityof individuals; in theory, the law should control the minds of individuals, which in turn controls their behaviour. There are no specific entry requirements for this course. 1. This duty is established in common law (precedents set by decisions of the courts) and the police have both common law and legislative powers to execute it. In the Crown Court, a jury will be first told that they have to find the defendant guilty or not guilty by unanimous vote. and non-LL.B. These cookies will be stored in your browser only with your consent. sometimes referred to as Regina) bringing a prosecution against an individual 1.4 The sources of criminal law The criminal law is a creature of the common law, that is, judge made law. Verdicts along the lines of he probably did it, or if she didn’t do it, who else did?, are not usually enough for a conviction. This module covers the most popular criminal law offences and will aim to explain and take you through how and why criminal liability can be imposed on a defendant, giving you an in-depth understanding of the nature of criminal liability. Perhaps the best known aspect of the legal system, criminal law presents an interesting and challenging area of study. reed.co.uk also offers distance learning courses and in-company Law courses if these are the preferred methods of study you are looking for. This website uses cookies to improve your experience. There are many offences that will be discussed in this module. Crime is around us in many forms and it is a feature of everyday news. It includes aspects of devolution and the impact of the European Convention on Human Rights. Criminal law, the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders. You will receive a Certificate of Achievement in Introduction to Criminal Law Level 3. 2. Critically discuss. Murder and manslaughter are obvious examples. But if someone committed an offence while, for example, sleepwalking or protecting themselves or their family, then that could be a defence which would help them avoid being found guilty. You also have the option to opt-out of these cookies. There are two stages to the test for provocation: The law says that only the age and sex of the defendant can be taken into account for the second test, so being particularly high strung or sensitive is not to be considered. That is a basic explanation which in a brief introduction to criminal law is fairly straightforward, but it is actually a fairly complex area of law, explained using the latin phrases actus reus (guilty act) and mens rea (guilty mind). The first level is the Magistrates Court. murder. Some of the most important crimes have their source in the common law. If you kill someone while sleepwalking, are you guilty of murder? They must prove that the person did something illegal, and that he meant it. It can reduce murder to manslaughter. Learning Outcomes: Outline the elements of crime; Understand the different degrees of intent; Explain what is a strict liability offence; Outline the burden and standard of proof in criminal law; and Be able to analyse case law and cite cases in a persuasive manner in an answer. This is another partial defence to murder, but is not a defence to any other offences. 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