Rules of criminal law and theory in criminal

Rules of criminal law and theory in criminal law

Aims and Objectives • To be able to clearly distinguish the burden and standard of proof between criminal and civil cases. • To be able to discuss the issues surrounding the presumption of innocence. • To have an understanding of how a defence is raised and argued. • • To appreciate how law can be codified. To be able to understand discuss how human rights legislation affects our criminal law. Burden & Means of Proof

What two aspects need to be present for someone to be convicted of a crime? There also other things to bear in mind – just to complicate the situation for you!

BURDEN OF PROOF • BURDEN = responsibility. • In criminal law, there are two sides – the PROSECUTION and the DEFENCE. • The PROSECUTION will have the burden of proving that the defendant is guilty. • Sometimes this burden switches to the defendant - the DEFENCE will then need to prove that the defendant has a defence to the crime. Burden & Means of Proof

STANDARD OF PROOF • There are 2 standards of proof • • • ON THE BALANCE OF PROBABILITIES • ‘Beyond reasonable doubt’ is the standard that is usually used in criminal law – the prosecution needs to prove their case that the defendant is guilty beyond all reasonable doubt. or BEYOND REASONABLE DOUBT

STANDARD OF PROOF • ‘Beyond reasonable doubt’ is a very high standard of proof. • The judge or jury must be left with hardly a shadow of doubt in their minds that the defendant committed the crime. If not, then the defendant must be found not guilty. • Why do you think that such a high standard of proof is required in criminal cases? Burden & Means of Proof

STANDARD OF PROOF • • • ‘On the balance of probabilities’ = it is more likely than not. This is the standard of proof that is used in civil cases. In criminal cases, it is used when the defendant is claiming certain defences. The burden of proof then switches from the prosecution to the defence but the standard of proof drops to ‘on the balance of probabilities’ which is a lower standard. Burden & Means of Proof

PRESUMPTION OF INNOCENCE • • This is a ‘golden thread’ that runs through our legal system. A person is presumed innocent until proved guilty. Woolmington -v- DPP (1935) This case stressed the fact that the prosecution has to prove the case beyond reasonable doubt in any criminal trial. Burden & Means of Proof

RAISING A DEFENCE • In most cases, if the defendant has raised a defence, then it is the job of the prosecution to disprove that defence existed at the time of the crime. • • e. g. Woolmington Burden of proof for individual defences will be covered when we look at individual defences. Just be aware that with some defences there is a ‘reverse onus’ where the burden of proof switches to the defendant. Burden & Means of Proof

CODIFICATION OF THE CRIMINAL LAW • In most countries, the criminal law is codified, i. e. they have a coded document that details each part of the criminal law. • Our criminal law is found in numerous statutes and in common law. It can be difficult for lawyers to find the law and keep up-to-date let alone lay people. • Surely it is important that we should know the criminal law if we can be deprived of our liberty if we break it! Burden & Means of Proof

CODIFICATION OF THE CRIMINAL LAW • The Law Commission Act 1965 established the Law Commission which was given the task of codifying the criminal law. However, it found the task impossible. • Eventually, with help from senior academics, a Draft Criminal Code was published in 1989 which incorporated the criminal law plus suggestions for reform. Parliament has never legislated on this and it remains in draft form! Burden & Means of Proof

Human Rights • Since 1950, the UK has been a signatory to the European Convention on Human Rights. • In 1998 the Human Rights Act was passed, which came into force in 2000. This incorporated the Convention in our law so that we no longer have to take human rights cases to the European Court of Human Rights but can enforce our human rights through our own courts.

HUMAN RIGHTS IN CRIMINAL LAW • There are certain rights that are specifically protected by the Convention that are important in criminal law: - • • • The right to liberty The right to a fair trial These are contained in Articles 5 and 6 of the Convention. Burden & Means of Proof

HUMAN RIGHTS IN CRIMINAL LAW • TASK • In small groups, read through the handout detailing Articles 5 and 6 of the European Convention of Human. • From these Articles draw up a table of the different provisions in each section to assess the scope of each of these rights. Burden & Means of Proof

HUMAN RIGHTS IN CRIMINAL LAW • TASK • • Continue in your groups. • Do any of these provisions breach the rights that you have just researched and, if so, how? • Present your findings to the whole group. Think about current laws, particularly on terrorism. (You may need to do some research on these. ) Burden & Means of Proof