CRIMINAL LAW Sara Ahmed
PROSECUTION
COURT
Generally, the state, in the form of the Crown Prosecution Service (‘CPS’),
All criminal offences, be they motoring offences or murders, start in the
brings criminal cases to court. The CPS prosecutes on behalf of the Crown
Magistrates’ Courts. More serious offences then progress to the Crown
(‘Regina’). Therefore, a criminal case is named ‘Regina versus’, ‘Regina and’, or
Court. Remember on exam = always first magistrates!
‘The Crown and’ in court. This is very often shortened to ‘R. v’.
STANDARD OF PROOF
In all criminal cases, the burden of proving that a crime has been committed is on the prosecution.
‘The defendant is innocent until proven guilty” defendant does not have to prove anything, it on the prosecution. Beyond reasonable doubt!
There are certain circumstances where the defendant does have some burden of proof. Although the prosecutor must prove the elements of every offence, if
the defendant wishes to raise certain defences, the defendant will have the burden of proving the defence, on the balance of probabilities’
The defence has the burden of raising certain defences (such as self-defence), but once raised, the prosecution has the burden of disproving the
defence beyond reasonable doubt
Standard of proof in criminal cases Is beyond a reasonable doubt.
However, where the burden of proof is reversed (see above), the civil standard is used (that is, ‘on the balance of probabilities’ or ‘it is more likely than not’
that the defendant has made out the defence).
ACTUS REUS + MENS REA
A criminal offence usually requires a physical act (actus reus) and a mental state (mens rea) to occur at the same time (that is, concurrence).
PROSECUTION
COURT
Generally, the state, in the form of the Crown Prosecution Service (‘CPS’),
All criminal offences, be they motoring offences or murders, start in the
brings criminal cases to court. The CPS prosecutes on behalf of the Crown
Magistrates’ Courts. More serious offences then progress to the Crown
(‘Regina’). Therefore, a criminal case is named ‘Regina versus’, ‘Regina and’, or
Court. Remember on exam = always first magistrates!
‘The Crown and’ in court. This is very often shortened to ‘R. v’.
STANDARD OF PROOF
In all criminal cases, the burden of proving that a crime has been committed is on the prosecution.
‘The defendant is innocent until proven guilty” defendant does not have to prove anything, it on the prosecution. Beyond reasonable doubt!
There are certain circumstances where the defendant does have some burden of proof. Although the prosecutor must prove the elements of every offence, if
the defendant wishes to raise certain defences, the defendant will have the burden of proving the defence, on the balance of probabilities’
The defence has the burden of raising certain defences (such as self-defence), but once raised, the prosecution has the burden of disproving the
defence beyond reasonable doubt
Standard of proof in criminal cases Is beyond a reasonable doubt.
However, where the burden of proof is reversed (see above), the civil standard is used (that is, ‘on the balance of probabilities’ or ‘it is more likely than not’
that the defendant has made out the defence).
ACTUS REUS + MENS REA
A criminal offence usually requires a physical act (actus reus) and a mental state (mens rea) to occur at the same time (that is, concurrence).
