Criminal Law and Procedure

Part 1: Criminal Law

Through studying this part of the unit, the learner will understand:

• The nature of crime and the difference between crimes and torts
• What is meant by the burden of proof in crime
• The elements of a crime – Actus Reus and Mens Rea 
• The differences between Strict Liability crimes and those requiring intent
• The general defences of mistake, automatism, insanity, intoxication, duress and necessity
• What is meant by the crime of homicide and how to distinguish between lawful and unlawful homicide
• The differences between causation in fact and causation in law
• The meaning of the crime of murder 
• The differences between murder and manslaughter
• The meaning of voluntary manslaughter and special defences
• The meaning of involuntary manslaughter
• The crime of theft and the differences between theft, fraud, obtaining by deception, burglary and robbery
• The differences between the sentences that can be imposed for murder and manslaughter

Part 2: Criminal Procedure

Through studying this part of the unit, the learner will understand:

• The role of the Crown Prosecution Service in criminal proceedings
• The standards of proof in a criminal trial compared with that in a civil trial
• The Police powers of arrest and the operation of the main provisions of PACE
• The concept of bail and the criteria of the court in deciding upon bail
• The availability of legal aid in connection with criminal proceedings 
• The jurisdiction of the Magistrates Court, Crown Court and Court of Appeal (Criminal Division)
• The procedure on a summary trial for a summary offence
• The difference in procedure where the offence is a hybrid offence
• The procedure for the transfer of indictable offenders from the Magistrates Court to the Crown Court for trial
• Each stage of the procedure on a trial on indictment 
• The differences between the trial of an adult and the trial of a young person
• The function in a criminal trial of the Judge and the Jury
• How a Jury is selected and who is eligible and not eligible to sit on a Jury
• The different types of sentences that can be passed by a trial Judge

Coursework: Achievement test and written assignments.

This unit requires approximately 50 hours to complete, though the actual time may vary depending on individual study habits, experience and pace.