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Chapter 18: Rules of criminal law (18.1 Defining a crime (18.1.1 The role…
Chapter 18: Rules of criminal law
18.1 Defining a crime
18.1.1 The role of the state
Criminal law is mainly set down by the state this could be passing an Act of Parliament or issuing regulations.
The majority of criminal prosecutions are conducted by the Crown Prosecution Service which is a state agency for criminal prosecutions. however it is possible for a private organisation to start a prosecution such as the RSPCA.
18.1.2 Conduct criminalised by the judges
Some conduct is criminalised bu judges, this is when judges create new criminal offences through case law an example is:
Shaw v DPP
- a defendant published a book that advertised the names and addresses of prostitutes and what they were prepared to offer. he was charged with conspiracy to corrupt public morals, which is an offence that was created by judges and which is now a common law offence.
Forbidden by the state and for which there is a punishment.
18.4 Rules governing the standard of proof
The prosecution has to prove the case against the defendant. The standard of proof needed is beyond reasonable doubt, this is usually explained by the judge as the jury should only convict if they are satisfied on the evidence so that they are sure of the defendants guilt.
Reasonable doubt can be made by either the prosecution of the defence.
18.5 Rules governing the burden of proof
an accused person is presumed innocent until proven guilty, this means that the burden of proof is on the prosecution who will have to prove the acts reus and the mens rea.
18.2 Elements of a crime
18.2.1 Actus reus
An act, omission or a state of affairs that is the voluntary prohibited conduct together with any required consequences caused by the prohibited conduct of an offence.
18.2.2 Mens rea
The mental element (guilty mind) or the fault element of an offence.
18.2.3 Strict liability offences (chp 21)
Only an acts reus is needed not both which is needed in any other offence.