Lecturer: Miljen Matijašević G10, room 6/I, Tue 15:30-16:30 Session 2, 14 Oct 2014

Unit 19

 How can we define crime? CRIME is  an offence against the community  punishable by the state  a severe breach of public law Croatian equivalents of the word:  kazneno djelo; kriminal (criminal activity)

 there is no single criminal code in English law ◦ COMMON-LAW CRIMES ◦ STATUTORY CRIMES

ACCORDING TO SERIOUSNESS  until 1967: 1.treason (punishable by death) 2.felonies (more serious) 3.misdemeanours (less serious)

 the death penalty ◦ abolished in the UK in 1998 after the ratification of the 6th Protocol of the Europan Convention on Human Rights

 TREASON  FELONIES ◦ murder, manslaughter, rape, arson, burglary, theft, bigamy, etc.  MISDEMEANOURS ◦ minor assault, conspiracy, fraud, perjury, blasphemy, road traffic offences, etc. Q: Why do you think this distinction became unsatisfactory?

CRIMINAL LAW ACT 1967 – reclassification 1. INDICTABLE OFFENCES a)treason b)arrestable offences c)other indictable offences 2. SUMMARY OFFENCES

 ARRESTABLE OFFENCES (as per CLA 1967) ◦ sentence fixed by the law ◦ maximum punishment at least five years imprisonment ◦ arrest can be made without a warrant  by the police  by any citizen (citizen’s arrest)

 Citizen’s arrest – certain conditions for any citizen to arrest another, such as: ◦ if the perpetrator is actually committing or has, without a doubt, just committed an offence ◦ it is not ‘reasonably practical’ for a police constable to make the arrest ◦ the arrest is made to prevent physical injury, loss or damage to property, escape from the police, etc.  a police constable can, in addition, arrest persons about to commit an offence or persons who might have committed a suspected offence

Serious Organised Crime and Police Act 2006  category of arrestable offence ceased to exist  a constable’s power of arrest extended to all indictable offences

ACCORDING TO METHOD OF TRIAL:  indictable offences (triable in the Crown Court)  summary offences (triable in magistrates’ courts)  offences triable either way (defendant chooses the mode of trial)

 magistrate’s court ◦ trial by 2-3 lay or stipendiary magistrates ◦ may impose fines of up to £10,000 ◦ highest prison sentence: 12 months

 the Crown Court ◦ trial by a judge and jury ◦ a jury of 12 – 10 needed for a verdict ◦ more severe sentences available ◦ possible advantage: pre-trial legal argument stage before judge alone ◦ possibility to settle / dismiss the case due to insufficient evidence

ACCORDING TO THE OBJECT OF CRIME Crimes against: 1. the State and public peace and order 2. the person 3. property 4. other crimes

 treason  conspiracy  incitement to racial hatred  obstruction of justice  perjury  riot  sedition  unlawful assembly

 murder  manslaughter  involuntary manslaughter ◦ by gross negligence ◦ constructive manslaughter  infanticide  rape  stalking  domestic violence  assault and battery

 arson  blackmail  burglary  embezzlement  extortion  fraud  forgery  handling stolen goods  malicious damage  robbery  shoplifting  theft  larceny  money laundering  tax evasion

 traffic offences  bigamy  etc.

 most crimes require two elements: ◦ actus reus (the prohibited act) ◦ mens rea (‘guilty mind’, intention)

ACTUS REUS ◦ a physical act ◦ words ◦ omission (inaction) ◦ possession ◦ a state of affairs (being found somewhere unlawfully)

MENS REA ◦ intention  the person acts on purpose in order to cause the event ◦ recklessness  takes an unreasonable risk, knowing that his conduct may cause the event

CASES IN WHICH MENS REA IS NOT REQUIRED ◦ negligence ◦ strict liability (e.g. food and drugs, road traffic, consumer protection, etc.) ◦ vicarious liability (one person acting on behalf of another) ◦ corporate liability (corporation liable for the conduct of a responsible person in the course of corporate duties)

◦ a person deprived of free will or self-control  insanity  coercion  necessity  automatism ◦ a person belonging to a class of persons with special rules  the Sovereign  foreign sovereigns and diplomats  children under the age of 10

Thank you for your attention!