SQE; (CRIMINAL LAW) WELL
SIMPLIFIED NOTES
direct intention
result aim or purpose of D's action
PACE Act
Police and Criminal Evidence Act 1984
PACE Codes - key ones
Code C: Detention, Treatment and Questioning of Non-
Terrorist Suspects;
Code D: Identification;
requirement to impose a community order
offender over 18, offence must be punishable with
imprisonment. maximum order 3 years.
what appeals can be made after a decision in the
Magistrates Court
1. Appeal to Crown Court by way of a re-hearing (only D
automatic right);
2. Appeal to High Court, by way of case stated;
3. Application to High Court for judicial review of decision.
Magistrates decisions - appeal to crown court
D automatic right, can appeal against sentence or
conviction, notice of appeal must be lodged with 15
business days of sentence
Magistrates decision - appeal by way of case stated
don't rehear evidence just submissions on point of law.
Heard by High Court within 21 days of date of
sentence/conviction. No automatic right (not given if
vexatious), lose right to appeal to crown court
,Court of appeal - appeal from crown court
Permission needed. application within 28 days of the
conviction, in conviction appeals, and within 28 days of
sentence, in sentence appeals. Can admit new evidence
persistent young offender (PYO)
Guideline: young person (14-17) likely a PYO if convicted
of or made subject to a pre-court disposal that involves an
admission or finding of guilt, in relation to imprisonable
offences on at least 3 occasions in the past 12 months.
Dangerous Offender (youth)
significant risk of harm to the public from youth committing
further offences and a determinative sentence equivalent
to 4 years warranted.
youth court - formalities
Judge specialist training
Reporting restrictions apply automatically
Guardian MUST be present if less than 16
when youth tried in crown court
a) Youth charged with a Grave Crime and if convicted
sentence beyond its powers should be available.
b) Youth charged with a specified offence and
Dangerous Offender;
c) Youth jointly charged with adult (sent to Crown
Court) and in the interests of justice to send youth to
Crown Court.
youth court plea before venue
only for grave crimes - guilty or not guilty:
- Is it an offence capable of being a grave crime? If yes;
- Is appropriate sentence one of over 2 year's detention?
If yes send to crown Court - only most serious offences
youth - grave crime definition
,Serous violent and sexual offences that have max
sentence for an adult of 14 years of more
examples of youth Grave Crimes
Robbery, Burglary, GBH, wounding with intent and
aggravated criminal damage/arson
application appeal to court of appeal from crown court
- notice of appeal must be sent to Crown Court within 28
days of conviction/sentence .
- On receipt Registrar will send to Single Judge; or refer
directly to the full CoA. If leave refused, appellant has 10
business days to renew application for leave before full
CoA.
Court of appeal - grounds for granting permission
conviction: if court think conviction unsafe.
sentence: if court thinks D should have been sentenced
differently.
Loss of time order
time spent in custody between lodging appeals and
dismissal not count towards D's sentence - imposed when
application for appeal wholly without merit
magistrates decision which appeals for which
problem
1. errors of fact or mixed fact and law; appeal to crown
court for re-hearing.
2. errors of law; appeal to high court way of case stated
3. unfairness bias or procedural irregularity; appeal to
Hight Court for JR
Indirect/oblique intention
1. outcome was not what D intended to achieve but was a
by-product of that intent.
, 2. Result a virtual certainty of D's actions and
3. D appreciated that was the case.
When consider oblique intention?
Murder, s 18 GBH, inchoate offences - can't be used if
crime can be found on recklessness
Test for recklessness/malice
At the time D committed AR, D is aware of the risk and
in the circumstances known to D, it was objectively
unreasonable for D to take the risk.
When is a risk 'objectively unreasonable'
if there is little or no social utility or benefit in taking it
when unclear which act causes death ? multiple
parties
Not necessary to prove which act caused the death if one
is definitely a secondary party and other a principal
Omissions
No duty to act to prevent harm except if D has a statutory
or contractual duty to act or D is in a special relationship
with the victim (assume responsibility for them) or miller
principal
Omission miller exception
where D inadvertently sets in motion a chain of events that
causes a risk of damage and D becomes aware of that is
happening but decides to take no remedial action to
prevent or reduce the risk of further damage, D's inaction
can be AR of criminal damage
Strict liability
No MR required for one element or all
Strict Liability Offences
- Public nuisance
- Contempt of court
SIMPLIFIED NOTES
direct intention
result aim or purpose of D's action
PACE Act
Police and Criminal Evidence Act 1984
PACE Codes - key ones
Code C: Detention, Treatment and Questioning of Non-
Terrorist Suspects;
Code D: Identification;
requirement to impose a community order
offender over 18, offence must be punishable with
imprisonment. maximum order 3 years.
what appeals can be made after a decision in the
Magistrates Court
1. Appeal to Crown Court by way of a re-hearing (only D
automatic right);
2. Appeal to High Court, by way of case stated;
3. Application to High Court for judicial review of decision.
Magistrates decisions - appeal to crown court
D automatic right, can appeal against sentence or
conviction, notice of appeal must be lodged with 15
business days of sentence
Magistrates decision - appeal by way of case stated
don't rehear evidence just submissions on point of law.
Heard by High Court within 21 days of date of
sentence/conviction. No automatic right (not given if
vexatious), lose right to appeal to crown court
,Court of appeal - appeal from crown court
Permission needed. application within 28 days of the
conviction, in conviction appeals, and within 28 days of
sentence, in sentence appeals. Can admit new evidence
persistent young offender (PYO)
Guideline: young person (14-17) likely a PYO if convicted
of or made subject to a pre-court disposal that involves an
admission or finding of guilt, in relation to imprisonable
offences on at least 3 occasions in the past 12 months.
Dangerous Offender (youth)
significant risk of harm to the public from youth committing
further offences and a determinative sentence equivalent
to 4 years warranted.
youth court - formalities
Judge specialist training
Reporting restrictions apply automatically
Guardian MUST be present if less than 16
when youth tried in crown court
a) Youth charged with a Grave Crime and if convicted
sentence beyond its powers should be available.
b) Youth charged with a specified offence and
Dangerous Offender;
c) Youth jointly charged with adult (sent to Crown
Court) and in the interests of justice to send youth to
Crown Court.
youth court plea before venue
only for grave crimes - guilty or not guilty:
- Is it an offence capable of being a grave crime? If yes;
- Is appropriate sentence one of over 2 year's detention?
If yes send to crown Court - only most serious offences
youth - grave crime definition
,Serous violent and sexual offences that have max
sentence for an adult of 14 years of more
examples of youth Grave Crimes
Robbery, Burglary, GBH, wounding with intent and
aggravated criminal damage/arson
application appeal to court of appeal from crown court
- notice of appeal must be sent to Crown Court within 28
days of conviction/sentence .
- On receipt Registrar will send to Single Judge; or refer
directly to the full CoA. If leave refused, appellant has 10
business days to renew application for leave before full
CoA.
Court of appeal - grounds for granting permission
conviction: if court think conviction unsafe.
sentence: if court thinks D should have been sentenced
differently.
Loss of time order
time spent in custody between lodging appeals and
dismissal not count towards D's sentence - imposed when
application for appeal wholly without merit
magistrates decision which appeals for which
problem
1. errors of fact or mixed fact and law; appeal to crown
court for re-hearing.
2. errors of law; appeal to high court way of case stated
3. unfairness bias or procedural irregularity; appeal to
Hight Court for JR
Indirect/oblique intention
1. outcome was not what D intended to achieve but was a
by-product of that intent.
, 2. Result a virtual certainty of D's actions and
3. D appreciated that was the case.
When consider oblique intention?
Murder, s 18 GBH, inchoate offences - can't be used if
crime can be found on recklessness
Test for recklessness/malice
At the time D committed AR, D is aware of the risk and
in the circumstances known to D, it was objectively
unreasonable for D to take the risk.
When is a risk 'objectively unreasonable'
if there is little or no social utility or benefit in taking it
when unclear which act causes death ? multiple
parties
Not necessary to prove which act caused the death if one
is definitely a secondary party and other a principal
Omissions
No duty to act to prevent harm except if D has a statutory
or contractual duty to act or D is in a special relationship
with the victim (assume responsibility for them) or miller
principal
Omission miller exception
where D inadvertently sets in motion a chain of events that
causes a risk of damage and D becomes aware of that is
happening but decides to take no remedial action to
prevent or reduce the risk of further damage, D's inaction
can be AR of criminal damage
Strict liability
No MR required for one element or all
Strict Liability Offences
- Public nuisance
- Contempt of court
