Summary of Criminal Law
The branch of law pertaining specifically to those offences governed by the CPS which may result in fine and/or imprisonment.
A person cannot ordinarily be found guilty of a serious criminal offence unless two elements are present : the actus reus or guilty act and the mens rea or guilty mind. A wrongful act on its own therefore cannot usually be criminal unless the wrongful state of mind required for that offence is also present.Select this Category..
There are some crimes, for example road traffic offences or public danger offences, for which a Defendant need not have intended or known about the circumstances or consequence of their actions. Liability is said to strict with regard to the criminal element of the act.Select this Category..
Parties to Crime
It is not only the perpetrator who will be liable for a criminal offence. Other participants in the offence may also be liable. The Law states whosoever shall aid, abet, counsel or procure the commission of any offence, shall be liable to be tried and punished as a principal offender.Select this Category..
Incitement, conspiracy and attempt cover the preparatory stages of certain criminal offences. They are substantive offences in themselves and, unlike liability for secondary participation in a crime, it is often unnecessary that the main offence be committed. In fact, it is often unlikely, and in some cases impossible, that it will be.Select this Category..
Non Fatal Violence
The main non fatal violence offences, other than sexual offences, are common law assault and battery and the aggravated assault offences under the Offences Against the Person Act 1861, ss 47, 20 and 18. The modern phenomenon of stalking , putting a person in fear of violence and harassment are also governed by this area of Law. (see also Family Law - Domestic Violence)Select this Category..
Homicides are unlawful killings. The major categories are murder, manslaughter voluntary and involuntary and causing death by dangerous driving.Select this Category..
Theft and the main offences related to it are governed bt the Theft Acts 1968 & 1978. This area of Law deals with the following issues: theft, handling, robbery, burglary, blackmail, criminal damage and computer crime.Select this Category..
Deception and Non Payment
There are three offences of obtaining by deception under the 1968 Act, and two under the Theft Act 1978. There is a third offence under the 1978 Act not requiring deception, which is making off without payment.Select this Category..
As well as specific defences to particular crimes, there exists a number of defences available to all crimes. These include Automatism, Intoxication, Mistake and Duress.Select this Category..
If your question is not covered by the above sections or if you are unsure as to which area of Criminal Law your enquiry falls under please choose this option.Select this Category..
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