Definition

• Any act committed or omitted that violates the law, is against the community and is punishable by the state

• to commit a crime, a commission of a crime• to omit, an omission• to violate, violation

Classification

• At common law (according to seriousness of the crime)• Criminal Law Act 1967, Serious Organised Crime and Police Act 2006• According to the method of trial• According to the object of crime

At common law

1. treason2. felony – more serious crimes3. misdemeanor – less serious crimes

Why did this classification become unsatisfactory?

High treason v petty treason

• petty treason: the murder of a master by a servant, of a husband by his wife, or the murder of a bishop

• high treason- plotting the murder of a soveriegn- comitting adultery with the sovereign’s consort (spouse) or eldest

unmarried daughter or with the wife of the heir to the throne…- counterfeiting money, being a Catholic priest

Criminal Law Act 1967

1. Indictable offencesa) treasonb) arrestable offencesc) other indictable offences

2. Other offences

Arrestable offences

• sentence fixed by law OR• punishment at least 5 years in prison• arrest possible by anybody (police, citizen’s arrest)

Serious Organised Crime and Police Act 2006- abolished the category of arrestable offences- powers of arrest extended

According to the method of trial

1. indictable offences2. triable either way offences3. summary offences

“There are crimes of passion and crimes of logic. The boundary between them is not clearly defined.” Albert Camus

Indictable offences

- can be tried only after an indictment after a preliminary hearing to determine if there is a prima facie case to answer or by a grand jury

- the first hearing is held at the Magistrates’ Court- the trial is held at the Crown Court

- in the USA it is called a felony

Triable either way offences

- can be tried either on indictment or summarily- the trial takes place either at the Magistrates’ Court

or the Crown Court after a Mode of Trial hearing at which a magistrate decides if the case is suitable to be heard at the Magistrates’ Court

- if yes the defendant can agree or ask for a trial by jury (if the plea is not guilty)

- if no (the case is too serious or complex) the case is sent to the Crown Court

Summary offences

- can be tried without an indictment or a jury- always tried at the Magistrates’ Court- may be sent to the Crown Court for sentencing- involve a maximum penalty of six months in

prison or a fine of up to £5000

- in the USA: a misdemeanor

According to the object of crime

1. offences against the state, public peace and order2. offences against the person3. offences against the property

Criminal law

• the police• the state (the Crown)• the courts• the lawyers

The police

• investigates the crime• apprehends suspect(s)• detains them in custody (jail v prison)• sends the file to the Crown Prosecution Service

Jail

• a place of detention or remand

• people awaiting trial, people sentenced for a short duration (typically less than a year)• NOT normally used in UK

• in the USA: run by the county sheriff’s department or local governments

Prison

• a place of long-term confinement for those convicted of serious crimes

• in the UK, people awainting trial are housed in a remand wing of a local prison.

The state

• The Crown Prosecution Service (established in 1985)• Crown Prosecutors

- reviews the file sent to them by the police- decides if there is sufficient evidence to realistically expect a

conviction- decides whether the prosecution is in the public interest- prosecutes suspects accused of a crime

The courts

• issue a summons requiring the accused to attend court

• issue an arrest warrant

The lawyers

• Prosecution

• Crown Advocates – members of CPS who argue the cases in court• Associate Prosecutors – argue cases with guilty pleas in the

magistrates’ courts• paralegals – provide clerical support

• self-employed barristers

• Defence

• the defendant(s)• defence counsel - a self-employed barrister specialising in criminal defence- Public Defender Service offices - Legal Aid Agency

Adversarial system of justice

• both the prosecution and the defence collect and present their evidence• both sides present and question their witnesses and are allowed

cross-examination

• Prosecution prove beyond reasonable doubt that the defendant is guilty of the crime (burden of proof)• Defence – create reasonable doubt or prove the defendant is

innocent (presumption of innocence)

The judge

• provides independent and impartial assessment of the evidence presented and how the law applies to them• insures fair play of due process• is the trier of fact if there is no jury

• trial by jury - legal advisor to jury (jury retires to deliberate on a verdict, delivers

the verdict)- pronounce/pass a sentence

Exemption from criminal liability

1.) person deprived of free will and self-control- insanity, coercion, duress, necessity…DURESS – person agrees to an action under duressCOERCION – person is coerced into agreeing to commit a crime

2.) person subject to special rules- foreign sovereigns, diplomats, children under 10…

Drunkenness and intoxication

• defence ONLY IF induced by others, without fault on the part of the accused• voluntary drunkenness is generally no defence unless it produces

temporary insanity or negates the specific degree of intent required by the offence charged

Thank you!