English Criminal Law
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English criminal law concerns offences, their prevention and the consequences, in
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to
justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...
, and for dealing with convicted offenders. The
police The police are Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order ...
, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal
statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
s and
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''
actus reus In criminal law, ''actus reus'' (; : ''actus rei''), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being ("guilty mind"). In the United States, it is some ...
'') and a guilty mental state (or ''
mens rea In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before th ...
''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road traffic, environmental damage, financial services and
corporations A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...
, create
strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Und ...
that can be proven simply by the guilty act. Defences exist to crimes. A person who is accused may in certain circumstances plead they are insane and did not understand what they were doing, that they were not in control of their bodies, they were intoxicated, mistaken about what they were doing, acted in self defence, acted under duress or out of necessity, or were provoked. These are issues to be raised at trial, for which there are detailed rules of
evidence Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...
and procedure to be followed.


History

England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
does not have a
Criminal Code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
, though such an enactment has been often recommended and attempted (see English Criminal Code). Many criminal offences are common law offences rather being specified in legislation. In 1980, a Committee of
JUSTICE In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...
said that, upon conducting a search, they found over 7,200 offences, and that they thought that there were probably many more. They said that "it is now impossible to ascertain the entire content of the criminal law at any given time". In 1989, the Law Commission said that a hypothetical criminal code that contained all existing criminal offences would be "impossibly bulky". In 2001, Peter Glazebrook said the criminal law was "voluminous, chaotic and contradictory". In March 2011, there were more than ten thousand offences excluding those created by by-laws. In 1999, P J Richardson said that as the case for a moratorium on legislation in the field of criminal justice was becoming stronger and stronger, governments seemed ever more determined to bring forward more legislation. * Treason Act 1351 and
Hanged, drawn and quartered To be hanged, drawn and quartered was a method of torture, torturous capital punishment used principally to execute men convicted of High treason in the United Kingdom, high treason in medieval and early modern Britain and Ireland. The convi ...
. Petty treason and High treason in the United Kingdom * Suppression of Heresy Act 1414 and
John Wycliffe John Wycliffe (; also spelled Wyclif, Wickliffe, and other variants; 1328 – 31 December 1384) was an English scholastic philosopher, Christianity, Christian reformer, Catholic priest, and a theology professor at the University of Oxfor ...
*'' Carrier's Case'' (1473) YB Pasch 13 Edw. IV, f. 9., pl. 5,
larceny Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Eng ...
* Jesuits, etc. Act 1584 *'' Bushel's Case'' (1670) 124 E.R. 1006 writ of habeas corpus * Habeas Corpus Act 1679 * Transportation Act 1717 * Black Act 1723 * Jacobite rising of 1745 and Transportation Act 1746 and 1768 * Murder Act 1751 *'' King v Pear'' (1779) 168 Eng Rep 208, larceny by trick *'' Trial of Lord George Gordon'' (1781) for treason for the Gordon riots *'' Case of the Dean of St Asaph'' or '' R v Shipley'' (1784) 4 Doug 73, seditious libel * Burning of women in England and Treason Act 1790 *'' Bazeley's Case'' (1799) 2 East P.C. 571, establishing crime of
embezzlement Embezzlement (from Anglo-Norman, from Old French ''besillier'' ("to torment, etc."), of unknown origin) is a type of financial crime, usually involving theft of money from a business or employer. It often involves a trusted individual taking ...
* Debtors' prison *
Offences Against the Person Act 1828 The Offences Against the Person Act 1828 ( 9 Geo. 4. c. 31), also known as Lord Lansdowne's Act, was an act of the Parliament of the United Kingdom that consolidated for England and Wales provisions in the law related to offences against the ...
* Bloody Code * Forfeiture Act 1870 *
Capital punishment in the United Kingdom Capital punishment in the United Kingdom predates the formation of the UK, having been used in Britain and Ireland from ancient times until the second half of the 20th century. The last executions in the United Kingdom were by hanging, and took ...
*''C'' 009UKHL 42 *'' Clingham v RB Kensington and Chelsea'' 002UKHL 39 *'' Collins v DPP'' 006UKHL 40 *''JTB'' 009UKHL 20 *'' R v K'' 001UKHL 41 *'' Norris v United States'' 008UKHL 16 *'' R (Purdy) v DPP'' 009UKHL 45 *'' R v Rahman'' 008UKHL 45 *'' GG plc'' 008UKHL 17 *'' R v Rimmington and Goldstein'' 005UKHL 63 *'' R v Saik'' 006UKHL 18 *'' R v Sheldrake'' 004UKHL 43 *'' Hashnan and Harrup'' (2000) 30 EHRR 241


Criminal law elements

The two basic elements of a crime are the act of doing that which is criminal, and the intention to carry it out. In Latin this is called the ''
actus reus In criminal law, ''actus reus'' (; : ''actus rei''), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being ("guilty mind"). In the United States, it is some ...
'' and the ''
mens rea In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before th ...
''. In many crimes however, there is no necessity of showing a guilty mind, which is why the term "
strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Und ...
" is used.


Actus reus

''Actus reus'' is
Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
for "guilty act" and is the physical element of committing a crime. It is usually the application or threat of unlawful force, though exceptionally an omission or failure to act can result in liability. Simple examples might be A hitting B with a stick, or X pushing Y down a
water well A well is an excavation or structure created on the earth by digging, driving, or drilling to access liquid resources, usually water. The oldest and most common kind of well is a water well, to access groundwater in underground aquifers. The ...
. These are guilty acts and the unlawful application or force. Alternatively, one may have a pre-existing duty to another person and by deliberately not performing it, one commits a crime. For instance, not giving food is an omission rather than an act, but as a parent one has a duty to feed one's children. Pre-existing duties can arise also through
contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
, a voluntary undertaking, a blood relation with whom one lives, and occasionally through one's official position. As the 19th century English
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
, Lord Coleridge CJ wrote,
It would not be correct to say that every moral obligation involves a legal duty; but every legal duty is founded on a moral obligation.
Furthermore, one can become bound by a duty to take reasonable steps to correct a dangerous situation that one creates. In '' R v Miller'' a squatter flicked away a still lit
cigarette A cigarette is a narrow cylinder containing a combustible material, typically tobacco, that is rolled into Rolling paper, thin paper for smoking. The cigarette is ignited at one end, causing it to smolder; the resulting smoke is orally inhale ...
, which landed on a
mattress A mattress is a large, usually rectangular pad for supporting a person Lying (position), lying down, especially for sleeping. It is designed to be used as a bed, or on a bed frame as part of a bed. Mattresses may consist of a Quilting, quilted o ...
. He failed to take action, and after the building had burned down, he was convicted of arson. He failed to correct the dangerous situation he created, as he was duty bound to do. In many countries in
Europe Europe is a continent located entirely in the Northern Hemisphere and mostly in the Eastern Hemisphere. It is bordered by the Arctic Ocean to the north, the Atlantic Ocean to the west, the Mediterranean Sea to the south, and Asia to the east ...
and
North America North America is a continent in the Northern Hemisphere, Northern and Western Hemisphere, Western hemispheres. North America is bordered to the north by the Arctic Ocean, to the east by the Atlantic Ocean, to the southeast by South Ameri ...
, Good Samaritan laws also exist, which criminalize failure to help someone in distress (e.g. a drowning child). On the other hand, it was held in the U.K. that switching off the life support of someone in a
persistent vegetative state A vegetative state (VS) or post-coma unresponsiveness (PCU) is a disorder of consciousness in which patients with severe brain damage are in a state of partial arousal rather than true awareness. After four weeks in a vegetative state, the patie ...
is an omission to act and not criminal. Since discontinuation of power is not a voluntary act, not grossly negligent, and is in the patient's best interests, no crime takes place. If someone's act is to have any consequence legally, it must have in some way caused a victim harm. The legal definition of "causation" is that " but for" the defendant's conduct, the victim would not have been harmed. If more than one cause for harm exists (e.g. harm comes at the hands of more than one culprit) the rule states that to be responsible, one's actions must have "more than a slight or trifling link" to the harm. Another important rule of causation is that one must "take his victim as he finds him". For instance, if P gives his friend Q a playful slap on the head, but Q suffers from a rare cranial condition and dies, then P can be guilty of manslaughter regardless of how unlucky he is to have bickered with Q. This is known as the thin skull rule. Between the defendant's acts and the victim's harm, the chain of causation must be unbroken. It could be broken by the intervening act (''novus actus interveniens'') of a third party, the victim's own conduct, or another unpredictable event. A mistake in
medical Medicine is the science and Praxis (process), practice of caring for patients, managing the Medical diagnosis, diagnosis, prognosis, Preventive medicine, prevention, therapy, treatment, Palliative care, palliation of their injury or disease, ...
treatment usually will not break the chain, unless the mistakes are in themselves "so potent in causing death". For instance, if emergency medics dropped a stab victim on the way to the hospital and performed the wrong
resuscitation Resuscitation is the process of correcting physiological disorders (such as lack of breathing or heartbeat) in an Acute (medicine), acutely ill patient. It is an important part of intensive care medicine, anesthesiology, trauma surgery and emerg ...
, the attacker would not be absolved of the crime. The interplay between causation and criminal responsibility is notoriously difficult, and many outcomes are criticized for their harshness to the unwitting defendant and sidestepping of hospitals' or the victim's own liability. In '' R v Dear'' a stab victim reopened his wounds while in the hospital and died. But despite this suicidal behavior, the attacker was still held fully responsible for murder. *'' R v Holland'' (1841) 2 Mood. & R. 351 break in causal chain *''
R v Instan ''R v Instan'' (1893) 1 QB 450 is an English criminal law manslaughter case confirming how the ''actus reus'' of manslaughter can be one of inactive negligence (that is, neglect), as the common law imposes a basic duty of care onto an adult wh ...
'' (1893) 1 QB 450 duty of care, to not omit to help some dying of gangrene *'' R v Smith (Thomas Joseph)'' 959QB, negligence of medics does not stop murder *'' R v Hughes'' 013UKSC 56, driver who was not as fault for a crash could not be responsible for others deaths although he was prosecuted for driving without a licence or insurance


Mens rea

''Mens rea'' is another
Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
phrase, meaning "guilty mind". It is the mental element of committing a crime and establishes the element of intent. Together with an ''actus reus'', ''mens rea'' forms the bedrock of criminal law, although
strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Und ...
offenses have encroached on this notion. A guilty mind means intending to do that which harms someone. Intention under criminal law is separate from a person's motive. '' R v Mohan'' 9752 All ER 193, intention defined as "a decision to bring about... he ''actus reus''no matter whether the accused desired that consequence of his act or not." In the special case of murder, the defendant must have appreciated (i.e. consciously recognized) that either
death Death is the end of life; the irreversible cessation of all biological functions that sustain a living organism. Death eventually and inevitably occurs in all organisms. The remains of a former organism normally begin to decompose sh ...
or serious bodily harm would be the result of his actions. In '' R v Woolin'', a man in a fit of temper threw his three-month-old son onto a wall, causing head injuries from which he died. Although death was certain and the father should have realized, he did not in the least desire that his son be killed or harmed. The English
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
sentenced him for
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
, but not murder. If a defendant has foresight of death or serious injury the jury may, but is not bound to, find the requisite ''mens rea''. A lower threshold of ''mens rea'' is satisfied when a defendant recognizes that some act is dangerous but decides to commit it anyway. This is recklessness. For instance if C tears a gas meter from a wall to get the money inside, and knows this will let flammable gas escape into a neighbor's house, he could be liable for poisoning. This is called "subjective recklessness", though in some jurisdictions "objective recklessness" qualifies as the requisite criminal intent, so that if someone ought to have recognized a risk and nevertheless proceeded, he may be held criminally liable. A novel aspect of the law on intention is that if one intends to harm somebody, it matters not who is actually harmed through the defendant's actions. The doctrine of transferred malice means, for instance, that if a man strikes another with his belt, but the belt bounces off and hits a nearby woman, the man is guilty of battery toward her. Malice can also be general, so that
terrorist Terrorism, in its broadest sense, is the use of violence against non-combatants to achieve political or ideological aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war aga ...
s who plant bombs to kill random people are certainly guilty. The final requirement states that both an ''actus reus'' and a ''mens rea'' coincide. For instance, in '' R v Church'', For instance, Mr. Church had a fight with a woman which rendered her unconscious. He attempted to revive her, but gave up, believing her to be dead. He threw her, still alive, in a nearby river, where she drowned. The court held that Mr. Church was not guilty of murder (because he did not ever desire to kill her), but was guilty of
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
. The "chain of events", his act of throwing her into the water and his desire to hit her, coincided. In this manner, it does not matter when a guilty mind and act coincide, as long as at some point they do. *'' R v Steane'' 947KB 997, defective intent to help the Nazis, by doing radio broadcasts, rather than help family *'' Fagan v Metropolitan Police Commissioner'' 9691 QB 439 *'' R v Parker'' 9771 WLR 600 *'' R v Heard'' 007EWCA Crim 125 *'' R v Faulkner'' (1877) 13 Cox CC 550 mens rea for one act does not transfer to others


Strict liability

Not all crimes have a
mens rea In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before th ...
requirement, or the threshold of culpability required may be reduced. For example, it might be sufficient to show that a defendant acted negligently, rather than intentionally or recklessly. In offences of absolute liability, other than the prohibited act, it may not be necessary to show anything at all, even if the defendant would not normally be perceived to be at fault. England and Wales has
strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Und ...
offences, which criminalize behavior without the need to show a criminal mens rea. Most strict liability offences are created by statute, and often they are the result of ambiguous drafting. They are usually regulatory in nature, where the result of breach could have particularly harmful results. An example is drunk driving. *'' R v Woodrow'' (1846) 15 M&W 404 selling impure food, strict liability, overturning '' R v Dixon'' (1814) 3 M. & S. 11 that required mens rea *'' R v Stephens'' (1866) LR 1 QB 702 strict liability for dumping refuse into a river, despite the defendant (ostensibly) having no knowledge *'' Betts v Armstead'' (1888) LR 20 QBD 771 *'' Fitzpatrick v Kelly'' (1873) LR 8 QB 337 food safety *'' Sweet v Parsley'' 970AC 132 mens rea needed for liability for cannibis being smoked on premises, statutory construction presumes a mens rea *'' R v Lambert'' UKHL 37
cocaine possession claiming no knowledge *Road Traffic Act 1988">001
UKHL 37
cocaine possession claiming no knowledge *Road Traffic Act 1988 s 3ZB


Corporate crime

Serious torts and fatal injuries occur as a result of actions by company employees, have increasingly been subject to criminal sanctions. All torts committed by employees in the course of employment will attribute liability to their company even if acting wholly outside authority, so long as there is some temporal and close connection to work. It is also clear that acts by directors become acts of the company, as they are "the very ego and centre of the personality of the corporation". But despite
strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Und ...
in tort, civil remedies are in some instances insufficient to provide a deterrent to a company pursuing business practices that could seriously injure the life, health and environment of other people. Even with additional regulation by government bodies, such as the Health and Safety Executive or the Environment Agency, companies may still have a collective incentive to ignore the rules in the knowledge that the costs and likelihood of enforcement is weaker than potential profits. Criminal sanctions remain problematic, for instance if a company director had no intention to harm anyone, no ''
mens rea In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before th ...
'', and managers in the corporate hierarchy had systems to prevent employees committing offences. One step toward reform is found in the Corporate Manslaughter and Corporate Homicide Act 2007. This creates a criminal offence for
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
, meaning a penal fine of up to 10 per cent of turnover against companies whose managers conduct business in a grossly negligent fashion, resulting in deaths. Without lifting the veil there remains, however, no personal liability for directors or employees acting in the course of employment, for corporate manslaughter or otherwise. The quality of a company's accountability to a broader public and the conscientiousness of its behaviour must rely also, in great measure, on its governance. * Criminal Finances Act 2017 * Proceeds of Crime Act 2002


Participatory and inchoate offences

* Encouraging or assisting crime - Part 2 of the Serious Crime Act 2007 * Soliciting to murder, contrary to section 4 of the Offences against the Person Act 1861 *Aiding, abetting, counselling or procuring the commission of an offence *
Conspiracy A conspiracy, also known as a plot, ploy, or scheme, is a secret plan or agreement between people (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder, treason, or corruption, especially with a political motivat ...
, contrary to section 1(1) of the Criminal Law Act 1977 * Conspiracy to defraud *Conspiracy to corrupt public morals *Conspiracy to outrage public decency *
Attempt An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur.''Criminal Law - ...
, contrary to section 1(1) of the
Criminal Attempts Act 1981 The Criminal Attempts Act 1981 (c. 47) is an Act of the Parliament of the United Kingdom. It applies to England and Wales and creates criminal offences pertaining to attempting to commit crimes. It abolished the common law offence of attempt. ...
Parts 1 to 3 of Schedule 3 to the Serious Crime Act 2007 list numerous statutory offences of assisting, encouraging, inciting, attempting or conspiring at the commission of various crimes. *'' R v Shivpuri'' UKHL 2
reversing ''Anderton v Ryan">986
UKHL 2
reversing ''Anderton v Ryan'' [1985
AC 560
attempting the impossible *''R v Anderson'' 986AC 27 *''R v Betts and Ridley'' (1930) 22 Cr App R, accessory to crime need not be present *''R v Clarkson'' (1971) 55 Cr. App. Rep. 445 for aiding and abetting, need evidence of actually encouraging a crime *'' R v Gnango'' UKSC 59
joint enterprise *'' 011
UKSC 59
joint enterprise *''R v Jogee'' [2016">R v Jogee">011
UKSC 59
joint enterprise *''R v Jogee'' [2016UKSC 8 joint enterprise in a stabbing, need to act or encourage an offence *''R v Reed'' 982Crim. L.R. 819 suicide pact conspiracy *''R v Richards'' [1974] 1 QB 776 accomplice cannot be convicted of worse offence than the main actor even if he has the mens rea for one ;Inchoate * Serious Crime Act 2007 ss 44-46 * Criminal Law Act 1977 ss 1-5 * Criminal Justice Act 1987 s 12 and 1988 s 39 *'' Wai Yu-tsang v R'' 9921 AC 269 *'' R v Stracusa'' (1990) 90 Cr App R 340 *'' R v Sadique'' 013EWCA Crim 1150 ;Complicity *'' R v Stringer (Ian)'' 012EWCA Crim 1396 *'' R v Rook'' 993Crim LR 698 *'' R v Giametto'' 9979 Cr App R 1 *'' R v Daley'' 015EWCA Crim 1515 * Terrorism Act 2000 s 11


Criminal offences & key cases


Homicide


In Statute

* Homicide Act 1957 ss 2-4 * Infanticide Act 1938 s 1 * Road Traffic Act 1988 s 143


In Case Law

* '' Attorney General's Reference (No 3 of 1994)'' 998AC 245 * '' R (Nicklinson) v Ministry of Justice'' 014UKSC 34 * '' R v Adams'' 957Crim LR 365 * '' R v Adomako'' 994UKHL 6, elements of gross negligence manslaughter * '' R v Ahluwalia'' 992EWCA Crim 1, loss of control as a defence, domestic violence situations * '' R v Brennan'' 014EWCA Crim 2387 * '' R v Dear'' 996Crim LR 595, chain of causation * '' R v Golds'' UKSC 61
* '' 016
UKSC 61
* ''R v Hancock'' [1985">R v Hancock">016
UKSC 61
* ''R v Hancock'' [1985UKHL 9, foresight needed for murder * ''R v Wallace'' (1931) 23 Cr App R 32 murder conviction overturned for being unreasonable * ''R v Woollin'' [1999] 1 AC 82


Non-fatal offences against the person


In Statute

* Domestic Abuse Act 2021 ss 71, consent to serious harm for sexual gratification not a defence *
Mental Capacity Act 2005 The Mental Capacity Act 2005 (c. 9) is an act of the Parliament of the United Kingdom applying to England and Wales. Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity ...
ss 2-3 * Offences Against the Person Act 1861 *
Protection from Harassment Act 1997 The Protection from Harassment Act 1997 (c. 40) is an act of the Parliament of the United Kingdom. On introducing the Bill's second reading in the House of Lords, the Lord Chancellor, Lord Mackay of Clashfern, said, "The aim of this Bill is t ...
ss 1-4 * Serious Crime Act 2007


In Case Law

* '' R v Brown'' 993UKHL 19, consent not a defence to Actual Bodily Harm or Grievous Bodily Harm for sexual pleasure * '' R v Colohan'' 001EWCA Crim 1251 * '' R v Coney'' (1882) 8 QBD 534, bare knuckle fight with consent still assault and actual bodily harm * ''
R v Constanza ''R v Constanza'' 997is an English law, English case law, case reaching the Court of Appeal of England and Wales, Court of Appeal and is well-known (amongst other cases) for establishing the legal precedent in English criminal law that assault ...
'' 9972 Cr App Rep 492, meaning of assault, need not be immediate * '' R v Savage'' 992UKHL 1, mens rea for assault * '' R v Wilson (Alan)'' 997QC 47


Sexual offences


In Statute

*
Sexual Offences Act 1956 The Sexual Offences Act 1956 (4 & 5 Eliz. 2. c. 69) is an Act of Parliament, Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed (from 1 ...
* Sexual Offences Act 2003 *
Protection from Harassment Act 1997 The Protection from Harassment Act 1997 (c. 40) is an act of the Parliament of the United Kingdom. On introducing the Bill's second reading in the House of Lords, the Lord Chancellor, Lord Mackay of Clashfern, said, "The aim of this Bill is t ...
ss 1-4


In Case Law

*'' R (F) v DPP'' 013EWHC 945 * '' R v B'' 013EWCA Crim 823 * ''
R v Bowden In ''R v Bowden'', a 1999 appeal, the English Court of Appeal dismissed a defence effort to depart from the literal rule, the taking of the natural meaning of statutory language. It concerned the making (copying with knowledge of the content) of ...
'' 0002 All ER 418, child pornography * '' R v Bree'' 007EWCA Crim 804 * ''
R v Evans and McDonald ''R v Evans and McDonald'' was the prosecution of two footballers, Ched Evans and Clayton McDonald, who were accused of the rape of a woman. On 20 April 2012, Evans was convicted and sentenced to five years imprisonment. McDonald was acquitted. S ...
'' 012EWCA Crim 2559, rape verdict overturned *'' R v McNalley'' 013EWCA Crim 1051 *'' R v Oluboja'' 982QC 320 *'' R v Peacock'' 012conviction quashed under the Obscene Publications Act 1959 for hardcore pornography *'' R v Penguin Books Ltd''
DH Lawrence David Herbert Lawrence (11 September 1885 – 2 March 1930) was an English novelist, short story writer, poet, playwright, literary critic, travel writer, essayist, and painter. His Literary modernism, modernist works reflect on modernity ...
, '' Lady Chatterley's Lover'' (1960) and the Obscene Publications Act 1959 *'' R v Prince'' (1875) LR 2 CCR 154 responsibility for underage sex even though belief girl was 18, not 14 *'' R v R''
991 Year 991 (Roman numerals, CMXCI) was a common year starting on Thursday of the Julian calendar. Events * March 1: In Rouen, Pope John XV ratifies the first Peace and Truce of God, Truce of God, between Æthelred the Unready and Richard I o ...
UKHL 12 a husband can be convicted of raping wife


Theft, handling, and robbery


In Statute

* Theft Act 1968 * Theft Act 1978


In Case Law

*'' Haughton v Smith'' 975AC 476, no crime of handling when goods not stolen *'' Ivey v Genting Casinos (UK) Ltd'' 017UKSC 67, although not a criminal case, ''Ivey'' unified the civil and criminal tests for dishonesty *'' Oxford v Moss'' (1979) 68 Cr App Rep 183, information could not be property *'' R v Barton and Booth'' 020EWCA Crim 575, resolved dispute about applicability of ''Ivey'' *'' R v Bloxham'' 983AC 109 *'' R v Collins'' 973QB 100, entering as a trespasser for burglary *''
R v Garwood R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars''. The lette ...
'' 987Crim LR 476 *'' R v Gomez'' 993AC 442 *'' R v Hale'' 979Crim LR 596 *''R v Hall'' 9731 QB 126 *'' R v Hayes'' 015EWCA Crim 1944 *'' R v Hinks'' 000UKHL 53 meaning of "appropriates" *'' R v Lawrence v Metropolitan Police Commissioner'' 972AC 262, appropriation of property, taxi cab *'' R v Marshall'' 9982 Cr App R 282, meaning of 'permanently deprive' *'' R v Morris; Anderton v Burnside'' 984UKHL, 1 meaning of "appropriates"


Burglary


In Statute

* Theft Act 1968


In Case Law

* '' B and S v Leathley'' 979Crim LR 314, structures that may be buildings * '' Norfolk Constabulary v Seekings and Gould'' 986Crim LR 167, structures that are not buildings * '' R v Brown'' 985Crim LR 212, 'effective entry', not to be confused with consent to harm case '' R v Brown'' 993UKHL 19 * '' R v Collins'' 973QB 100 * '' R v Jones & Smith'' 9751 WLR 672, meaning of 'as a trespasser' * '' R v Walkington'' 9792 All ER 716, meaning of 'part of a building'


Criminal damage


In Statute

*
Computer Misuse Act 1990 The Computer Misuse Act 1990 (c. 18) is an act of the Parliament of the United Kingdom, introduced partly in response to the decision in ''R v Gold & Schifreen'' (1988) 1 AC 1063. Critics of the bill complained that it was introduced hastily, w ...
* Criminal Damage Act 1971 * Crime and Disorder Act 1998 s 30


In Case Law

* '' Morphitis v Salmon'' (1989) 154 JP 365, defined damage to mean "permenent icor temporary impairment of value or usefulness" * '' R v Caldwell'' 982AC 341 * '' R v G'' 003UKHL 50, subjective recklessness standard abolishing ''Caldwell'' recklessness * '' R v Hill and Hall'' (1989) 89 Cr App R 74 * '' R v Steer'' 987UKHL


Fraud

* Fraud Act 2006 * Theft Act 1968 s 32 "cheating the Revenue" is an offence *'' R v Chaytor'' 010UKSC 52, false accounting for Parliamentary expenses, no privilege protection *'' R v Ingram'' 003EWCA Crim, cheating by coughing to win Who wants to be a millionaire *'' R v Kylsant'' 931falsifying Royal Mail trading prospectus *'' R v Valujevs'' 014EWCA Crim 2888 *
Forgery Forgery is a white-collar crime that generally consists of the false making or material alteration of a legal instrument with the specific mens rea, intent to wikt:defraud#English, defraud. Tampering with a certain legal instrument may be fo ...
*Offences under Part I of the
Forgery and Counterfeiting Act 1981 The Forgery and Counterfeiting Act 1981 (c. 45) is an Act of the Parliament of the United Kingdom which makes it illegal to make fake versions of many things, including legal documents, contracts, audio and visual recordings, and money of the U ...
*Falsification of pedigree, contrary t
section 183(1)(b)
of the Law of Property Act 1925 *Improper alteration of the registers, contrary t
section 124
of the Land Registration Act 2002 *Offences unde
section 8
of the Non-Parochial Registers Act 1840 *Offences under sections 36 and 37 of the Forgery Act 1861 *Forgery of passport, contrary t
section 36
of the Criminal Justice Act 1925 *Offences under sections 133 and 135 of the County Courts Act 1984 *Offences unde
section 13
of the Stamp Duties Management Act 1891; and supplementary offences under section
14
an
15
*Offences unde
section 6
of the Hallmarking Act 1973 *Offences unde
section 126
of the Mental Health Act 1983 *Offences under section
121
an
122(6)
of the Gun Barrel Proof Act 1868 Motor vehicle document offences: *Offences under section 97AA and 99(5) of the Transport Act 1968 *Offences under section 65 of the Public Passenger Vehicles Act 1981 *Offences under section 115 of the Road Traffic Regulation Act 1984 *Offences under section 173 of the Road Traffic Act 1988 *Offences under regulations 11(1) to (3) of the Motor Vehicles (E.C. Type Approval) Regulations 1992 (S.I. 1992/3107) made under section 2(2) of the European Communities Act 1972 *Offences under section 44 of the Vehicles Excise and Registration Act 1994 *Offences under regulations 10(1) to (3) the Motor Cycle (E.C. Type Approval) Regulations 1995 (S.I. 1995/1531) made under section 2(2) of the European Communities Act 1972 *Offences under section 38 of the Goods Vehicles (Licensing of Operators) Act 1995 * Personation * Personation of a juror *Offences under section 90(1) of the Police Act 1996 *Offences under section 30(1) of the Commissioners for Revenue and Customs Act 2005 *Offences under section 34 of the Forgery Act 1861 *Offences under section 24 of the Family Law Reform Act 1969 *Offences under section 60 of the Representation of the People Act 1983 * Cheating (law) *Offences under section 17 of the Gaming Act 1845 *Offences under section 1 of the Fraudulent Mediums Act 1951


Offences against the state

* High treason in the United Kingdom * Misprision of treason * Compounding treason * Treason felony *Attempting to injure or alarm the Sovereign, contrary to section 2 of the Treason Act 1842 * Contempt of the sovereign * Trading with the enemy *Offences under the Official Secrets Acts 1911 to 1989 *Offences under the Incitement to Disaffection Act 1934 *Causing disaffection, contrary to section 91 of the Police Act 1996 *Causing disaffection, contrary t
section 6
of the Ministry of Defence Police Act 1987 *Incitement to sedition or disaffection or promoting industrial unrest, contrary to section 3 of the
Aliens Restriction (Amendment) Act 1919 The Aliens Restriction (Amendment) Act 1919 (9 & 10 Geo. 5. c. 92) is an Act of Parliament (UK), Act of the Parliament of the United Kingdom originally aimed at continuing and extending the provisions of the Aliens Restriction Act 1914, and the B ...
*Offences of procuring and assisting desertion under military law *Offences relating to terrorism *Offences of directing quasi military organisations and wearing uniforms for political purposes under the Public Order Act 1936 * Piracy iure gentium *Piracy with violence, contrary to the Piracy Act 1837 *Offences under the Slave Trade Act 1824 *Offences under the Foreign Enlistment Act 1870 *Offences under the Immigration Act 1971 *Coinage offences under Part II of the
Forgery and Counterfeiting Act 1981 The Forgery and Counterfeiting Act 1981 (c. 45) is an Act of the Parliament of the United Kingdom which makes it illegal to make fake versions of many things, including legal documents, contracts, audio and visual recordings, and money of the U ...
*Offences relating to public stores under the Public Stores Act 1875 *Offences relating to military stores under military law *Offences against postal and electronic communication services * Misconduct in public office *Refusal to execute public office *Offences of selling public offices under the Sale of Offices Act 1551 and Sale of Offices Act 1809 *Purchasing the office of clerk of the peace or under-sheriff, contrary t
section 27
of the Sheriffs Act 1887 * Cheating the public revenue *Offences under the Customs and Excise Management Act 1979 *Tax evasion and money laundering offences * Offences against military law in the United Kingdom


Other offences

* Offences under the Misuse of Drugs Act 1971, the Intoxicating Substances (Supply) Act 1985, the Licensing Act 2003, section 7 of the Children and Young Persons Act 1933 and other provisions relating to tobacco, and the Drug Trafficking Act 1994. * Offences under the Psychoactive Substances Act 2016. *
Firearms A firearm is any type of gun that uses an explosive charge and is designed to be readily carried and operated by an individual. The term is legally defined further in different countries (see legal definitions). The first firearms originated ...
and offensive weapons offences (see also
Gun politics in the United Kingdom In the United Kingdom, gun ownership is considered a privilege, not a right, and access by the general public to firearms is subject to strict control measures. Members of the public may own certain firearms for the purposes of sport shooting, ...
) *Offences under section 1(1) of the Prevention of Crime Act 1953 *Offences under sections 139 and 139A of the Criminal Justice Act 1988 *Offences under the Knives Act 1997 *Offences under sections 75 to 77 of the Marriage Act 1949 *Offences under section 2 of the Ecclesiastical Courts Jurisdiction Act 1860 *Offences under section 7 of the Burial Laws Amendment Act 1880 *Offences under section 59 of the Cemeteries Clauses Act 1847 *Offences under articles 18 and 19 of the Local Authorities' Cemeteries Order 1977 (SI 1977/204) *Doing an act tending and intended to pervert the course of public justice – a.k.a. perverting the course of justice, defeating the ends of justice, obstructing the administration of justice *Concealing evidence, contrary to section 5(1) of the
Criminal Law Act 1967 The Criminal Law Act 1967 (c. 58) is an act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force. ...
* Contempt of court, specifically criminal contempt * Intimidation, contrary to section 51(1) of the
Criminal Justice and Public Order Act 1994 The Criminal Justice and Public Order Act 1994 (c. 33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed ...
*Taking or threatening to take revenge, contrary to section 51(2) of the Criminal Justice and Public Order Act 1994 * Perjury, contrary to section 1 of the Perjury Act 1911 *Perjury, contrary to section 6 of the Piracy Act 1850 *Offences under sections 2 to 4 of the Perjury Act 1911 *Making a false statutory declaration, contrary to section 5 of the Perjury Act 1911 *Offences under section 6 of the Perjury Act 1911 * Fabrication of false evidence *Offences under section 89 of the Criminal Justice Act 1967 *Offences under 106 of the Magistrates' Courts Act 1980 *Offences under section 11(1) of the European Communities Act 1972 *Escape *Permitting an escape *Assisting a prisoner to escape, contrary to section 39 of the Prison Act 1952 *Breach of prison/breaking prison *Rescue/rescuing a prisoner in custody *Harbouring an escaped prisoner, contrary to section 22(2) of the Prison Act 1952 *Taking part in a prison mutiny, contrary to section 1(1) of the Prison Security Act 1992 *Offences under section 128 of the Mental Health Act 1983 *Causing a wasteful employment of the police, contrary to section 5(2) of the Criminal Law Act 1967 *Administering an unlawful oath, contrary to section 13 of the Statutory Declarations Act 1835 *Offences under the Public Order Act 1986 *Offences under section 31 of the Crime and Disorder Act 1998 *Offences under Part V of the
Criminal Justice and Public Order Act 1994 The Criminal Justice and Public Order Act 1994 (c. 33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed ...
*Offences under Part II of the Criminal Law Act 1977 *Offences under the Protection from Eviction Act 1977 *Bomb hoaxes, contrary to section 51 of the Criminal Law Act 1977 *Offences against public morals and public policy *
Bigamy In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their mar ...
, contrary to section 57 of the Offences against the Person Act 1861 *Offences under section 2(1) of the Obscene Publications Act 1959 (see also
Obscenity An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin , , "boding ill; disgusting; indecent", of uncertain etymology. Generally, the term can be used to indicate strong moral ...
and
Indecency Inappropriateness refers to standards or ethics that are typically viewed as being negative in a society. It differs from things that are illicit in that inappropriate behavior does not necessarily have any accompanying legal ramifications. Co ...
) *Offences under section 2(2) of the
Theatres Act 1968 The Theatres Act 1968 (c. 54) abolished stage censorship in the United Kingdom, receiving royal assent on 26 July 1968, after passing both Houses of Parliament.Postal Services Act 2000 *Offences under section 1(1) of the Indecent Displays (Control) Act 1981 *Offences under section 1(1) of the
Protection of Children Act 1978 The Protection of Children Act 1978 (c. 37) is an act of the Parliament of the United Kingdom that criminalized indecent photographs of children. The act applies in England and Wales. Similar provision for Scotland is contained in the Civic Go ...
*Offences under section 160 of the Criminal Justice Act 1988 *Offences under section 170 of the Customs and Excise Management Act 1979 consisting of importation in breach of the prohibition under section 42 of the
Customs Consolidation Act 1876 The Customs Consolidation Act 1876 (39 & 40 Vict. c. 36) was an Act of Parliament (United Kingdom), act of the Parliament of the United Kingdom that further consolidated the various enactments relating to Customs law, customs in the United Kingd ...
*Offences under the Bribery Act 2010 * Cruelty to animals * Environmental crime * Traffic offences * Mayhem *
Kidnapping Kidnapping or abduction is the unlawful abduction and confinement of a person against their will, and is a crime in many jurisdictions. Kidnapping may be accomplished by use of force or fear, or a victim may be enticed into confinement by frau ...
* False imprisonment * Cheating the public revenue * High treason * Misprision of treason * Compounding treason * Misconduct in public office * Refusal to execute public office * Public nuisance * Outraging public decency * Conspiracy to defraud * Conspiracy to corrupt public morals or to outrage public decency *
Common assault Common assault is an offence in English law. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. In England and Wales, the penalty and mode of trial for this offence is pro ...
aka
assault In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may ...
* Battery * Assault with intent to rob


Criminal defences

The defences which are available to any given offence depend on the wording of the
statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
and rules of the common law. There are general defences. Insanity, automatism, mistake and self defence operate as defences to any offence. Inadvertence due to intoxication is a defence to all offences requiring proof of basic intent if the intoxication is involuntary, and in cases where the risk would not have been obvious to a reasonable and sober person and/or the defendant, if it is voluntary, and to offences that require proof of a
specific intent In criminal law, intent is a subjective state of mind () that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is : intent or knowledge of wrongdoing. Definitions Intent is def ...
. Duress and necessity operate as a defence to all crimes except murder, attempted murder and some forms of treason. Marital coercion is a defence to all crimes except treason and murder. *'' Connolly v DPP'' 007EWHC 237 (Admin) no Human Rights Act 1998 defence for sending graphic pictures of abortions, considered malicious *'' Director of Public Prosecutions v Camplin'' 978UKHL 2, provocation, now Coroners and Justice Act 2009 loss of control *'' R v Oye'' 013EWCA Crim 1725 *'' R v Quayle'' 005EWCA Crim 1415 *'' R v Martin (Anthony)'' 001EWCA Crim 2245 *'' R v Coley'' 013EWCA Crim 223 *'' Re A'' 0012 WLR 480 *'' R v Hitchens'' 011EWCA Crim 1626 *'' R v Howe'' 987AC 417 *'' R v Ray (Steven) 017EWCA Crim 1391


Partial defences to murder

There are two main partial defences that reduce murder to manslaughter. If one succeeds in being declared "not guilty by reason of insanity" then the result is going to an asylum, a clearly inadequate result for somebody suffering from occasional epileptic fits, and many conditions unrecognized by nineteenth century medicine. The law has therefore been reformed in many ways. One important reform, introduced in England and Wales by statute is the diminished responsibility defence. The requirements are usually more lax, for instance, being "an abnormality of mind" which "substantially impair mental responsibility for his acts and omission in doing or being a party to the killing." Loss of control may be pleaded under sections 54 and 55 of the Coroners and Justice Act 2009.
Infanticide Infanticide (or infant homicide) is the intentional killing of infants or offspring. Infanticide was a widespread practice throughout human history that was mainly used to dispose of unwanted children, its main purpose being the prevention of re ...
now operates as a defence to both murder and manslaughter. See the Infanticide Act 1938 as amended by the Coroners and Justice Act 2009.


Insanity

Insanity is a deranged state of mind, and consequently no defence to strict liability crimes, where ''mens rea'' not is a requirement. An old case which lays down typical rules on insanity is '' M'Naghten's case'' where a man suffering extreme paranoia believed the Tory party of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
, were persecuting him. He wanted to shoot and kill Prime Minister Sir Robert Peel, but got Peel's secretary in the back instead. Mr M'Naghten was found to be insane, and instead of prison, put in a mental hospital. The case produced the
rules Rule or ruling may refer to: Human activity * The exercise of political or personal control by someone with authority or power * Business rule, a rule pertaining to the structure or behavior internal to a business * School rule, a rule tha ...
that a person is presumed to be sane and responsible, unless it is shown that (1) he was laboring under such a defect of reason (2) from disease of the mind (3) as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know he was doing what was wrong. These elements must be proven present on the balance of probabilities. "Defect of reason" means much more than, for instance, absent mindedness making a lady walk from a supermarket without paying for a jar of mincemeat. A "disease of the mind" includes not just brain diseases, but any impairment "permanent or transient and intermittent" so long as it is not externally caused (e.g. by drugs) and it has some effect on one's mind. So epilepsy can count, as can an artery problem causing temporary loss of consciousness (and a man to attack his wife with a hammer). Diabetes may cause temporary "insanity" and even sleep walking has been deemed "insane". "Not knowing the nature or wrongness of an act" is the final threshold which confirms insanity as related to the act in question. In '' R v Windle'' a man helped his wife commit suicide by giving her a hundred aspirin. He was in fact mentally ill, but as he recognized what he did and that it was wrong by saying to
police The police are Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order ...
"I suppose they will hang me for this", he was found not insane and guilty of murder.


Automatism

Automatism is a state where the
muscle Muscle is a soft tissue, one of the four basic types of animal tissue. There are three types of muscle tissue in vertebrates: skeletal muscle, cardiac muscle, and smooth muscle. Muscle tissue gives skeletal muscles the ability to muscle contra ...
s act without any control by the mind, or with a lack of consciousness. A successful automatism defence negatives the ''actus reus'' element of a crime. If someone raises this defence, then it is for the prosecution to disprove. Automatismic actions can be a product of insanity, or not. One may suddenly fall ill, into a dream like state as a result of post traumatic stress, or even be "attacked by a swarm of bees" and go into an automatic spell. However to be classed as an "automaton" means there must have been a total destruction of voluntary control, which does not include a partial loss of consciousness as the result of driving for too long. Automatism can also be self-induced, particularly by taking medical treatment. Self-induced automatism can always be a defence to crimes of
specific intent In criminal law, intent is a subjective state of mind () that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is : intent or knowledge of wrongdoing. Definitions Intent is def ...
(such as
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
, wounding or causing grievous bodily harm with intent, theft, robbery and burglary). But automatism is no defence to other crimes (i.e. of basic intent, e.g.
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
,
assault In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may ...
and battery) if the defendant was reckless in becoming automatismic ''or'' it happens through
alcohol Alcohol may refer to: Common uses * Alcohol (chemistry), a class of compounds * Ethanol, one of several alcohols, commonly known as alcohol in everyday life ** Alcohol (drug), intoxicant found in alcoholic beverages ** Alcoholic beverage, an alco ...
or illegal drugs. Only where the defendant does not know his actions will lead to an automatismic state where he could harm something can self-induced automatism be a defence to these crimes. For example, in '' R v Hardie'' Mr Hardie took his girlfriend's Valium, because she had just kicked him out and he was depressed. She encouraged him to take them, to make him feel better. But he got angry and set fire to the wardrobe. It was held that he should not be convicted of arson because he expected the Valium to calm him down, and this was its normal effect. *'' Hill v Baxter''
958 Year 958 (Roman numerals, CMLVIII) was a common year starting on Friday of the Julian calendar. Events By place Byzantine Empire * October / November – Battle of Raban: The Byzantine Empire, Byzantines under John I Tzimiskes, Jo ...
1 QB 277, dangerous driving, when automatism possible


Intoxication

Technically, intoxication is not a defence, but negates the mens rea for
specific intent In criminal law, intent is a subjective state of mind () that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is : intent or knowledge of wrongdoing. Definitions Intent is def ...
offenses (e.g. it commutes a murder sentence to manslaughter). In other words, a defendant may have been so drunk, or drugged, that he was incapable of forming the criminal intention required. Voluntary intoxication is considered reckless, a state of basic intent, which means one cannot have one's sentence reduced for crimes of basic intent (e.g. manslaughter, assault, etc.). So for instance, in '' R v Sheehan and Moore'' two people threw
petrol Gasoline (North American English) or petrol ( Commonwealth English) is a petrochemical product characterized as a transparent, yellowish, and flammable liquid normally used as a fuel for spark-ignited internal combustion engines. When formul ...
on a
homeless Homelessness, also known as houselessness or being unhoused or unsheltered, is the condition of lacking stable, safe, and functional housing. It includes living on the streets, moving between temporary accommodation with family or friends, liv ...
person and set
fire Fire is the rapid oxidation of a fuel in the exothermic chemical process of combustion, releasing heat, light, and various reaction Product (chemistry), products. Flames, the most visible portion of the fire, are produced in the combustion re ...
to him. They were cleared of murder, but were still convicted of
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
, since that is a crime of basic intent. Of course, it can well be the case that someone is not drunk enough to support any intoxication defence at all. On the other hand, if someone becomes involuntarily intoxicated, because his drink is laced or spiked, then the question is whether the normal ''mens rea'' was present at the incident's time. So where a
blackmail Blackmail is a criminal act of coercion using a threat. As a criminal offense, blackmail is defined in various ways in common law jurisdictions. In the United States, blackmail is generally defined as a crime of information, involving a thr ...
er drugged a man's
coffee Coffee is a beverage brewed from roasted, ground coffee beans. Darkly colored, bitter, and slightly acidic, coffee has a stimulating effect on humans, primarily due to its caffeine content, but decaffeinated coffee is also commercially a ...
, invited him to
abuse Abuse is the act of improper usage or treatment of a person or thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, ...
a 15-year-old boy, and photographed it, the man was denied the defence of intoxication because the court simply did not believe that the man did not intend to commit the abuse. Sometimes intoxicated people make mistakes, as in '' R v Lipman'' where the defendant took LSD, thought his girlfriend was a
snake Snakes are elongated limbless reptiles of the suborder Serpentes (). Cladistically squamates, snakes are ectothermic, amniote vertebrates covered in overlapping scales much like other members of the group. Many species of snakes have s ...
and strangled her. Here, intoxication operated as a defence because Mr Lipman was mistaken in his specific intent of killing a snake. But intoxication does not negate the basic intent crime of manslaughter, with his "reckless course of conduct" in taking drugs. Lastly, while a mistake about a person or the actual action is acceptable, a mistake about how much force to use to defend oneself is not. Using a sledgehammer to fend off an "attacker" after 20 pints of
beer Beer is an alcoholic beverage produced by the brewing and fermentation of starches from cereal grain—most commonly malted barley, although wheat, maize (corn), rice, and oats are also used. The grain is mashed to convert starch in the ...
is disproportionate. *'' R v O'Grady'' 987QB 995 voluntary intoxication


Mistake

*'' Williams (Gladstone)'' 9873 All ER 411, mistake of fact depends on reasonableness


Self defence

In all instances one may only use reasonable, and not excessive, force in self defence. In '' R v Clegg'' a soldier in
Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
shouted at a car approaching a checkpoint to halt. When it did not, Mr Clegg fired three shots, killing a woman. She was hit in the back, and Mr Clegg was sentenced for murder because by then the car had passed, the force was excessive and there was no justification for self-defence. Another way of expressing the rule on defensive force is that it must be proportionate to the threat. For instance, as the notorious case of '' R v Martin'' shows, shooting a teenager in the back with a shotgun several times as he tries to escape is not a justified or proportionate exercise of self-defensive force for the
Norfolk Norfolk ( ) is a Ceremonial counties of England, ceremonial county in England, located in East Anglia and officially part of the East of England region. It borders Lincolnshire and The Wash to the north-west, the North Sea to the north and eas ...
farmer, even if robbers had trespassed on his
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...
. In that case, Mr
Martin Martin may refer to: Places Antarctica * Martin Peninsula, Marie Byrd Land * Port Martin, Adelie Land * Point Martin, South Orkney Islands Europe * Martin, Croatia, a village * Martin, Slovakia, a city * Martín del Río, Aragón, Spain * M ...
was found to have diminished responsibility for his actions, because he was mentally ill.


Duress

One who is "under duress" is forced into something. Duress can be a defence for all crimes, except
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
,
attempted murder Attempted murder is a crime of attempt in various jurisdictions. Canada Section 239 of the ''Criminal Code'' makes attempted murder punishable by a maximum of life imprisonment. If a gun is used, the minimum sentence is four, five or seve ...
, being an accessory to murder and
treason Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...
involving the death of the Sovereign. In '' R v Howe'' it was held that to allow the defence of duress as a defence to murder would, in the words of Lord Hailsham, withdraw the protection of the criminal law from the innocent victim and cast the cloak of its protection upon the coward and the poltroon - ordinary people ought to be prepared to give up their lives to the person making the threat in preference to killing an innocent. '' R v Gotts'', in a similar fashion, disallowed the defence of duress for someone charged with attempted murder, as the Lords could not see a reason why the defence should be open to an attempted murderer when it was not open to a murderer. In order to prove duress, it must be shown that the defendant was induced by threats of death or serious physical injury to either himself or his family that he reasonably believed would be carried out and that also that "a sober person of reasonable firmness, sharing the characteristics of the accused" would have responded in the same way. Examples of someone's characteristics that might be relevant are age, gender, pregnancy, physical disability, mental illness, sexuality, but not IQ. Using duress as a defence is limited in a number of ways. The accused must not have foregone some safe avenue of escape. The duress must have been an order to do something specific, so that one cannot be threatened with harm to repay money and then choose to rob a bank to repay it, because that choice implies free will. Intoxication is irrelevant to duress, but one cannot also say one is mistaken about duress, when intoxicated. Then a number of cases turn on the choice to join a gang, and inevitably do bad things. The rule is that where one is aware of the gang's nature and puts himself in a position where he could be threatened, duress is not a defence - joining a gang that carries out armed robberies probably precludes any duress defence but joining a gang that is not violent at the time of joining may not. *'' R v Hasan'' 005UKHL 22, duress, threat of serious injury


Necessity

Whilst a duress defence relates to the situation where a person commits an offense to avoid death or serious injury to himself or another when threatened by a third party, the defence of necessity related to the situation where a person commits an offense to avoid harm which would ensue from circumstances in which he/she or another are placed. Duress operates as an excuse but necessity operates as a justification, rendering the defendant's conduct lawful. Necessity is a defence that argues "I desperately needed to do X, because consequence Y would have been really bad." Logically, this is identical to the concept of "duress of circumstance", where the situation rather than a person is the threat. The common elements are (1) an act is done to prevent a greater evil (2) the evil must be directed to the defendant or someone for who he is responsible (3) the act must have been a proportionate response. But only necessity is a potential defence for
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
. The defence of necessity was first tested in the 19th century English case of '' R v Dudley and Stephens''. The ''Mignotte'', sailing from
Southampton Southampton is a port City status in the United Kingdom, city and unitary authority in Hampshire, England. It is located approximately southwest of London, west of Portsmouth, and southeast of Salisbury. Southampton had a population of 253, ...
to
Sydney Sydney is the capital city of the States and territories of Australia, state of New South Wales and the List of cities in Australia by population, most populous city in Australia. Located on Australia's east coast, the metropolis surrounds Syd ...
, sank. Three crew members and a cabin boy were stranded on a raft. They were starving and the cabin boy close to death. Driven to extreme hunger, the crew killed and ate the cabin boy. The crew survived and were rescued, but put on trial for murder. They argued it was necessary to kill the cabin boy to preserve their own lives. Lord Coleridge, expressing immense disapproval, ruled, "to preserve one's life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it." The men were sentenced to hang, but public opinion, especially among seafarers, was outraged and overwhelmingly supportive of the crew's right to preserve their own lives. In the end, the Crown commuted their sentences to six months. Since then, in the 1970s, in several road traffic cases, although ''obiter dicta'', it has been stated that there is a defence of necessity. In '' Johnson v Phillips'' 975 Justice Wein stated that a police constable would be entitled to direct motorists to disobey road traffic regulations if this was reasonably necessary for the protection of life or property. In a later case, '' Woods v Richards'', Justice Eveleigh stated that the defence of necessity depended on the degree of emergency which existed or the alternative danger to be averted. In '' DPP v Harris'' a police officer, charged with driving without due care and attention through a red traffic light contrary to s 3 of the Road Traffic Act 1988, and having collided with another vehicle containing armed robbers whilst pursuing that vehicle, was not allowed to advance the defence of necessity. Again in Chicon v DPP 994the defence of necessity was not allowed in a case of a pit bull terrier dog being kept in a public place without a muzzle - the owner had removed the muzzle to allow the dog to drink. But in the case of '' In re F (Mental Patient Sterilization)'', the defence of necessity was allowed. In the case of '' R v Bournewood Community and Mental Health NHS Trust'', the defence of necessity (in the case of Tort law) was recognized and applied by the House of Lords to justify the informal detention and treatment of a mentally incompetent person who had become a danger to himself. This approach was subsequently found to be a violation of Article 5 of the European Convention of Human Rights by the European Court of Human Rights in ''HL v United Kingdom''. Subsequent to this decision, individuals who lack capacity must be deprived of their liberty in accordance with the Deprivation of Liberty Safeguards (an amendment to the Mental Capacity Act 2005), not under the common law doctrine of necessity. But more recently, duress of circumstance and necessity have been recognized and used by courts. In a leading case, '' Re A (Conjoined Twins)'', conjoined twins were born, one reliant on the other for her heart and lungs. Unless they were separated, both would die, but if separated, the reliant twin would die, the doctors therefore being liable to prosecution for murder. It was, however, held that in this special and incredibly sensitive situation, that the separation was necessary to save the first twin's life.


Procedure

Criminal cases in England and Wales are usually brought by the Crown Prosecution Service, with
the crown The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
acting as the prosecuting party. (Case names reflect this: a case against Mr Smith would be styled ''R v Smith'', with ''R'' being short for Rex or Regina, that is, the King or Queen, and the ''v'' standing for "versus".) Private prosecutions are possible but rare (outside some specific niches), but have attracted some controversy—e.g. the failed private prosecution following the murder of Stephen Lawrence, and their abuse in the Post Office scandal. The venue for a trial is determined by the class of offence. Summary offences are heard in
Magistrates' Court A magistrates' court is a lower court where, in several Jurisdiction (area), jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) ...
either by a district judge or a lay magistrate. Indictable offences must be heard by a judge and jury in
Crown Court The Crown Court is the criminal trial court, court of first instance in England and Wales responsible for hearing all indictable offences, some Hybrid offence, either way offences and appeals of the decisions of magistrates' courts. It is ...
. Some offences are triable either way, meaning it can be heard in either the Magistrates' Court, or the Crown Court if the magistrate sends it to the Crown Court or the defendant opts for trial on indictment. In all criminal trials, there are a number of procedural protections for defendants, stemming from both common law and the obligations of the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
, particularly Article 6. These include the presumption of innocence (as expounded in the 1935 case of '' Woolmington v DPP''), the right to silence (although qualified by the adverse inference that can be drawn under provisions of the
Criminal Justice and Public Order Act 1994 The Criminal Justice and Public Order Act 1994 (c. 33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed ...
), and the qualified rule against
double jeopardy In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases ...
(under the
Criminal Justice Act 2003 The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland a ...
, a second trial after a not guilty verdict can only occur when authorised by the
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
). The fairness of trials is also supported by limits on admissibility of evidence. Hearsay evidence can only be admitted if it satisfies one or more statutory gateways for admissibility. Judges have the power both at common law and under section 78 of the Police and Criminal Evidence Act 1984 to exclude evidence when introducing it will have "an adverse effect on the fairness of proceedings". They also have a power under section 76 to exclude a confession when made under conditions of oppression or circumstances that would induce unreliability. Some cases and sources concerning criminal procedure: *'' Rice v Connolly'' 9662 QB 414, right to refuse to answer questions if not under arrest * Judges' Rules (1912), adverse inferences not to be drawn from silence before arrest. The rule was already long established at common law in relation to silence during trial; both rules were weakened by the
Criminal Justice and Public Order Act 1994 The Criminal Justice and Public Order Act 1994 (c. 33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed ...
*'' R v Waterfield'' 9633 All E.R. 659 police power to stop and detain, an assault charge against an officer was invalid as the officer was not acting in execution of duty *'' R v Cheshire''
991 Year 991 (Roman numerals, CMXCI) was a common year starting on Thursday of the Julian calendar. Events * March 1: In Rouen, Pope John XV ratifies the first Peace and Truce of God, Truce of God, between Æthelred the Unready and Richard I o ...
1 WLR 844 role of the jury in finding causation *'' R v Wang'' 0051 WLR 661 judge cannot direct a jury to find a guilty verdict *'' R v Davis'' 008UKHL 36, witness anonymity *'' R v Incedal and Rarmoul-Bouhadjar'' (2014) terrorism trial not to be held in secret


Sentencing

After the jury or magistrate(s) decide on guilt, the court determine the sentence of an offender. The magistrates' court is limited in the maximum sentence it may impose in a way the Crown Court is not. Both courts must have regard to the sentencing guidelines produced by the Sentencing Council, as well as following the statutory provisions now set out in the Sentencing Act 2020. The court's power to sentence is contained in the Sentencing Act. It was formerly in section 163 of the
Criminal Justice Act 2003 The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland a ...
. It was formerly created by each of the following provisions in turn: *The Criminal Justice Act 1948, section 13. Only applied to
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...
. *The
Criminal Law Act 1967 The Criminal Law Act 1967 (c. 58) is an act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force. ...
, section 7(3). Only applied where no enactment specified a maximum fine. *The Powers of Criminal Courts Act 1973, section 30(1). Amended by the Crime (Sentences) Act 1997, section 55 and Schedule 4, paragraph 8(3). The Criminal Law Act 1977, Schedule 13 repealed "limiting the amount of the amount of the fine that may be imposed or" and see section 32(1) (removed all statutory limits on fines imposed on convictions on indictment). Repealed in part by the Criminal Justice Act 1991, Schedule 13. *The Powers of Criminal Courts (Sentencing) Act 2000, section 127. A general power of Crown Court to impose a sentence of imprisonment on conviction on indictment is created by section 77 of the Powers of Criminal Courts (Sentencing) Act 2000 It was formerly created by each of the following provisions in turn: *The
Criminal Law Act 1967 The Criminal Law Act 1967 (c. 58) is an act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force. ...
, section 7(1) *The Powers of Criminal Courts Act 1973, section 18(1)


International criminal law

*
International law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
* Nuremberg Tribunal *
International Criminal Court The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute ...
*
International Criminal Tribunal for the Former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes in the Yugoslav Wars, war crimes that had been committed during the Yugoslav Wars and to tr ...
*
International Criminal Tribunal for Rwanda The International Criminal Tribunal for Rwanda (ICTR; ; ) was an international court, international ''ad-hoc'' court established in November 1994 by the United Nations Security Council in United Nations Security Council Resolution 955, Resolutio ...
* Rome Statute


Criminal law theory

* Crime in the United Kingdom * Crime in London *
Law enforcement in the United Kingdom Law enforcement in the United Kingdom is organised separately in each of the legal systems of the United Kingdom: England and Wales, Scotland, and Northern Ireland. Most law enforcement duties are carried out by police, police constables of ...


See also

* Crown Prosecution Service * List of English criminal offences *
English tort law English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil law, rather than English criminal law, crimi ...
*
Scottish criminal law Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious ...
* Northern Irish criminal law * Lurking doubt


Notes


References

* * * * * * * * * *


External links


Directgov
Crime and justice (Directgov, England and Wales) {{DEFAULTSORT:English Criminal Law