2. 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

3. 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

4. At common law treason felony – more serious crimes
misdemeanor – less serious crimes
Why did this classification become unsatisfactory?

5. 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

6. Criminal Law Act 1967 Indictable offences treason arrestable offences
other indictable offences
2. Other offences

7. 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

8. According to the method of trial
indictable offences
triable either way offences
summary offences
“There are crimes of passion and crimes of logic. The boundary between them is not clearly defined.” Albert Camus

9. 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

10. 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

11. 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

12. According to the object of crime
offences against the state, public peace and order
offences against the person
offences against the property

13. Criminal law
the police
the state (the Crown)
the courts
the lawyers

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

15. 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

16. 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.

17. 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

18. The courts issue a summons requiring the accused to attend court
issue an arrest warrant

19. 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

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

21. 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)

22. 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

23. Exemption from criminal liability
1.) person deprived of free will and self-control
insanity, coercion, duress, necessity…
DURESS – person agrees to an action under duress
COERCION – person is coerced into agreeing to commit a crime
2.) person subject to special rules
- foreign sovereigns, diplomats, children under 10…

24. 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

25. Thank you!