Criminal Law and Practice

What this module covers

Every section of Criminal Law and Practice, in the order the course teaches them. This is the whole syllabus for the module, not a selection. Open a section to read the topics inside it.

1. Actus Reus, Mens Rea and Coincidence3 topics

   • The elements and their coincidence
   • The burden of proof
   • Liability for omissions
2. Causation (Result Crimes)3 topics

   • Factual causation
   • Legal causation and intervening acts
   • The thin skull rule
3. Mens Rea: Intention, Recklessness, Negligence and Transferred Malice4 topics

   • Direct and oblique intention
   • Recklessness
   • Transferred malice
   • Motive is not an element
4. Corporate Criminal Liability: Identification Doctrine, Failure-to-Prevent Offences and DPAs3 topics

   • The identification doctrine
   • Failure to prevent offences
   • Deferred prosecution agreements
5. Murder2 topics

   • The definition of murder
   • A foetus, and child destruction
6. Voluntary Manslaughter: Loss of Control and Diminished Responsibility2 topics

   • Diminished responsibility
   • Loss of control
7. Involuntary Manslaughter: Unlawful Act and Gross Negligence2 topics

   • Unlawful act manslaughter
   • Gross negligence manslaughter
8. Common Assault: Assault and Battery2 topics

   • Assault
   • Battery
9. ABH (s.47), Wounding/GBH (s.20) and GBH with Intent (s.18)3 topics

   • Assault occasioning actual bodily harm
   • Wounding and inflicting grievous bodily harm
   • Wounding or causing grievous bodily harm with intent
10. Consent to Assault, ABH and GBH1 topic

    • When consent is a defence
11. Theft (Theft Act 1968 ss.1-6)7 topics

    • The definition of theft
    • Appropriation
    • Dishonesty
    • Property, belonging to another, and intention to deprive
    • Handling stolen goods
    • Going equipped
    • Making off without payment
12. Robbery (Theft Act 1968 s.8)1 topic

    • The elements of robbery
13. Burglary and Aggravated Burglary (Theft Act 1968 ss.9-10)4 topics

    • Burglary with intent on entry
    • Burglary committed after entry
    • Aggravated burglary
    • Maximum sentences for burglary
14. Fraud (Fraud Act 2006 ss.2-4)4 topics

    • Fraud by false representation
    • Fraud by failing to disclose
    • Fraud by abuse of position
    • Obtaining services dishonestly
15. Criminal Damage, Aggravated Criminal Damage and Arson (Criminal Damage Act 1971)4 topics

    • Basic criminal damage
    • Aggravated criminal damage
    • Arson
    • The maximum sentence for basic criminal damage
16. General Defences: Self-Defence, Intoxication, Duress, Necessity, Consent and Insanity/Automatism6 topics

    • Self-defence
    • Intoxication
    • Duress by threats
    • Necessity
    • Age, insanity and automatism
    • Unfitness to plead
17. Inchoate Offences: Attempts and Encouraging/Assisting3 topics

    • Attempt
    • Verdict rules on an attempt
    • Encouraging or assisting an offence
18. Parties and Accessorial Liability3 topics

    • Aiding, abetting, counselling or procuring
    • The innocent agent
    • Joint principals
19. Police Station: Rights of a Detained Suspect (PACE 1984)6 topics

    • The right to legal advice
    • The right to silence and adverse inferences
    • The appropriate adult
    • The role of the solicitor at the station
    • Requirements for a lawful interview
    • Post-charge bail and the custody officer
20. Custody Time Limits (PACE 1984 ss.41-44)2 topics

    • The detention clocks
    • Periodic reviews of detention
21. Identification Procedures (PACE Code D)1 topic

    • When a procedure must be held
22. Bail (Bail Act 1976)6 topics

    • The presumption in favour of bail
    • Bail on a murder charge, and further applications
    • The Schedule 1 exceptions
    • The narrowed real prospect of custody condition
    • A new factor in the bail decision
    • The full argument certificate
23. Classification of Offences, First Hearing, Plea Before Venue and Allocation8 topics

    • The three classes of offence
    • Plea before venue and allocation
    • Sending without allocation
    • Low value criminal damage
    • Case management and the first hearing
    • A Goodyear indication
    • Advising on venue for an either-way offence
    • Representation orders
24. Disclosure (CPIA 1996)3 topics

    • Prosecution disclosure
    • The defence statement
    • Service of the prosecution case in the Crown Court
25. Confessions and Exclusion of Evidence (PACE ss.76, 78)3 topics

    • Confessions and their exclusion
    • The general discretion to exclude
    • The voir dire
26. Bad Character, Hearsay (CJA 2003) and Visual Identification (Turnbull)6 topics

    • The seven bad character gateways
    • Bad character of a person other than the defendant
    • Hearsay in criminal proceedings
    • The Turnbull warning
    • Good character directions
    • Notice deadlines for bad character
27. Sentencing (Sentencing Act 2020)7 topics

    • The purposes of sentencing, and the guidelines
    • Credit for a guilty plea
    • Types of sentence and magistrates’ powers
    • Newton hearings
    • Pre-sentence reports
    • Concurrent and consecutive sentences
    • The victim surcharge
28. Criminal Appeals2 topics

    • Appeals from the Magistrates’ Court
    • Appeals from the Crown Court
29. Youth Court Procedure2 topics

    • How the Youth Court works
    • Turning 18 during proceedings
30. Trial Procedure: Witness Competence and Compellability, Special Measures and No Case to Answer6 topics

    • Competence and compellability
    • Special measures
    • No case to answer and the Galbraith test
    • Compellability of a co-defendant
    • The stages of a trial, and leading questions
    • Modes of address
31. Welsh Language in Criminal Proceedings1 topic

    • The right to use Welsh in proceedings
32. Youth Sentencing: Referral Orders, YROs and DTOs4 topics

    • Principles of youth sentencing
    • Referral orders
    • Youth rehabilitation orders
    • Detention and training orders