Introduction A2 Criminal law
Welcome to A2 Law
The course consists of two exams:
- Law 03 – Is about offences Against the Person including the evaluation of specific offences and defences
- Law 04 – Is about Offences Against Property and the theory of law.
Both exams are in June. The presentation below gives you important details you need to remember:
Criminal Law basic reminders
A2 is based entirely on criminal law.
All criminal offences for A2 require the P to prove from the evidence that the D had formed the Actus Reus (AR) and Mens Rea (MR) of the crime.
The P must prove the D’s guilt Beyond Reasonable Doubt, the standard of proof.
The P has the onus of proving the D’s guilt, the burden of proof.
Cases and Acts of parliament hold all the rules for each offence and defence we study. Any case law that gives a rule about an offence or defence is followed in any case that is similar to the past case and is known as a Point Of Law (POL).
The judge decides which points of law are relevant to each case and then the P and D must apply the evidence using this approach. This is known as a judges directions and are normally what are challenged if the case goes to an appeal court on a POL.
Defences are normally raised by the D but exceptionally the defence of Insanity can be raised by the P or the judge.
Full defences can result in an acquittal.
Partial defences can result in a reduced charge.
Defences mainly argue that the D lacks the AR or MR of the offence.
However the defence of Consent argues that the V consented to the crime, the defence of Duress argues that the D was forced to commit the crime and the defence of Self defence argues that the D had a lawful reason to commit the crime.
Normally the P have to disprove a defence Beyond Reasonable Doubt though it is clearly in the D’s interests to prove the defence.
However, for the defences of Diminished Responsibility and Insanity the D has to prove the defence.
Objective and Subjective ways (tests) of looking at evidence
Objective: Often referred to as the reasonable man test. The evidence is looked at as to what the reasonable man would have done or not done and then the D is judged against this standard.
Subjective: The evidence is looked at as taking into account the relevant personal characteristics of the D and what they foresaw from their actions.
Task: Read the further detail on objective and subjective tests and the case details on the attached activity. Then answer the questions underneath each case.
Basic Principles of Criminal Law
Read the presentation below.
You only get one chance to complete this quiz the results of which will go towards your progress grade. The quiz allows you a maximum of 30 minutes to complete it after which you will not be able to access it again.
Please make sure you have revised thoroughly for the quiz and good luck. The quiz is called:Criminal Law Basic Concepts.