Elements of Criminal Liability
Introduction
Elements of Criminal Liability
An Introduction
© The Law Bank
1
Elements of Criminal Liability
Introduction
Objectives
• Distinguish between the criminal process and
the criminal law
• Explain what is meant by criminal evidence and
criminal procedure
• Explain the different elements of a crime
© The Law Bank
2
Elements of Criminal Liability
Introduction
Starter
• In your groups come up with your own – precise
– definition of what you think a crime is.
© The Law Bank
3
Elements of Criminal Liability
Introduction
Definition – Criminal Law and Crime
• Criminal law is concerned with liability
• A crime is conduct defined as such by statute or by
common law.
• Criminal law is usually found under the heading of
public law, because it is against the State and is
punished by the State.
• First, it is an offence against the public, although it
might affect only one person.
• Secondly, that the person who committed an offence
will be punished in some manner prescribed by the
State.
© The Law Bank
4
Elements of Criminal Liability
Introduction
Board of Trade v Owen (1957)
• "A crime is an unlawful act or default which is an
offence against the public and renders the
person guilty of the act or default liable to legal
punishment.“
© The Law Bank
5
Elements of Criminal Liability
Introduction
Why do we need a definition?
• Answer this question in your groups:
• First, it is necessary for a broad definition to
establish mode of trial.
• Secondly, it is administratively important. For
example, the enforcement of Magistrates' fines
is the recovery of a civil debt, and the police
cannot arrest a fine defaulter unless the officer is
in possession of a warrant.
© The Law Bank
6
Elements of Criminal Liability
Introduction
Classification of offences & Powers
of Arrest
• Indictable, Summary and either way
• Power of arrest:
– Previous classifications (e.g. arrestable offences)
under the Criminal Law Act 1967 no longer have any
relevance
– Formerly more serious offences were specified by
PACE as arrestable offences but the classification has
no significance since the Serious Organised Crime
Act 2005
– Any person can arrest in many circumstances if the
offence is indictable
© The Law Bank
7
Elements of Criminal Liability
Introduction
Elements of a Crime
Mens Rea
Actus Reus
+
or
+
Absence of a
Defence
=
Defendant
Liability
Strict Liability
© The Law Bank
8
Elements of Criminal Liability
Introduction
Actus Reus
• By removing the mens rea words from an
offence (and any defence) leaves the actus reus
of a crime.
• This will include all circumstances, the conduct
of the offender, and the consequences.
© The Law Bank
9
Elements of Criminal Liability
Introduction
Mens Rea
• Mens Rea means the guilty mind or wrongful
intention and, is discovered in the definition of
the offence; it is words like 'intention',
'recklessly', 'with malice aforethought' and so
forth.
• When interpreting statutes, it is a Common Law
presumption that mens rea is necessary in all
crimes. This rule can only be replaced if an Act
of Parliament expressly or impliedly excludes the
necessity of mens rea Sweet v Parsley (1970).
© The Law Bank
10
Elements of Criminal Liability
Introduction
Strict Liability
• In offences of strict or absolute liability mens rea is not
essential.
• For example, the Health and Safety at Work Act says that
machines must have safety covers, the employers are strictly
liable. Even if the employer asks an outside contractor to
supervise the safety regulations the employers are still liable if
the contractors do not comply with the statutory requirements.
• Strict liability arises when the crime consists of performing a
forbidden act or not performing a statutory duty.
© The Law Bank
11
Elements of Criminal Liability
Introduction
Example
• Meah v Roberts (1977)
• D sold two children glasses of caustic soda
instead of lemonade. D, Meah, was found guilty
of selling food unfit for human consumption,
contrary to the Food and Drug Act 1955,
despite another person being responsible for the
cleaning fluid being in the lemonade bottle.
© The Law Bank
12
Elements of Criminal Liability
Introduction
Result/Consequence Crime
• Consequences do not always flow from a crime,
e.g conspiracy
• But where there is a consequence crimes are
described as 'result' crimes and the conduct of
the accused is linked to the result by the legal
and factual causation. Result crimes require
proof of causation. “Did the defendant cause the
result”
© The Law Bank
13
Elements of Criminal Liability
Introduction
Conduct Crimes
• Conduct crime, for example, being found drunk
in a public place, requires no causation, in fact it
requires no actus reus at all, let alone mens
rea. The crime is simply "being found".
© The Law Bank
14
Elements of Criminal Liability
Introduction
What has to be proved?
• Woolmington v DPP (1935)
• The prosecution must prove the existence of the
actus reus and mens rea beyond reasonable
doubt.
© The Law Bank
15
Elements of Criminal Liability
Introduction
Criminal Process
• Decides whether the crime has been committed
by the accused or not and if so what sentence
should be imposed.
• Arrest
• Charge
• Court
• Trial
• Verdict
• Sentence
© The Law Bank
16
Elements of Criminal Liability
Introduction
The Criminal Process
Enquiry
•Enquiry by the
police to gain
evidence
Trial
• Trial in court
• Verdict
Sentence
• Sentence
•Prosecution
prepared
© The Law Bank
17
Elements of Criminal Liability
Introduction
Objectives
• Distinguish between the criminal process and
the criminal law
• Explain what is meant by criminal evidence and
criminal procedure
• Explain the different elements of a crime
© The Law Bank
18