Evaluation in Criminal Law

What Evaluation in Criminal Law covers

How well the criminal law works and where reform has been proposed.

The 1 subtopics

Each one has its own page.

• Evaluating criminal lawRecall questions on criticisms of omissions liability and the rules of causation, direct and oblique intention and the Woollin direction, the continuing act and single transaction solutions to coincidence, Cunningham recklessness against negligence, and the treatment of automatism.Open →

What you need to know

Answer each one before you reveal it.

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Commonly confused

Pairs that lose marks when they are blurred together.

• Fault-based liability vs Strict liability

  Fault-based liability: liability requiring proof of a guilty mind. Strict liability: liability requiring no mens rea as to at least one element.

• Codification vs Consolidation

  Codification: bringing the criminal law together into a single statute. Consolidation: reissuing existing statutes on a subject without changing the law.

• Certainty in the criminal law vs Flexibility

  Certainty in the criminal law: the value that people should know in advance what is forbidden. Flexibility: the value that the law should adapt to circumstances the drafters did not foresee.

Questions from this topic

Each one with the model answer underneath.

1. 1

   What criticism is commonly made regarding the clarity of the categories establishing a duty to act in omissions liability?

   Model answer

   The categories (contractual duty, special relationship, voluntary assumption of responsibility, creation of danger, public office) have developed piecemeal through case law and lack clear statutory definition, making it difficult for individuals to know when they are under a legal duty to act.

2. 2

   What is the principal argument against imposing criminal liability for omissions?

   Model answer

   Criminal law traditionally punishes positive acts rather than failures to act, reflecting the principle of individual autonomy. Imposing liability for omissions may unfairly criminalise those who simply fail to be Good Samaritans, potentially extending criminal responsibility too widely.

3. 3

   What argument supports imposing criminal liability for failing to act in certain circumstances?

   Model answer

   Where a defendant has a special relationship or has assumed responsibility, their failure to act may be morally equivalent to causing harm directly. Society has a legitimate interest in requiring those with duties to fulfil them, particularly to protect vulnerable individuals.

4. 4

   How might the 'but for' test for factual causation produce unfair outcomes?

   Model answer

   The test can be over-inclusive, catching defendants whose contribution to the result was minimal, or under-inclusive in cases involving multiple sufficient causes where each defendant could argue the result would have occurred anyway.

5. 5

   What criticism is made of the rules on breaking the chain of causation regarding consistency?

   Model answer

   The rules lack consistency: medical negligence rarely breaks the chain unless 'palpably wrong', yet victim actions may break it if 'daft'. This creates uncertainty and arguably treats similar intervening events differently without clear principled justification.

6. 6

   Why might the distinction between direct and oblique intention be considered difficult to apply in practice?

   Model answer

   Direct intention (purpose) is straightforward, but oblique intention requires juries to assess whether death or serious harm was virtually certain and whether the defendant appreciated this. This involves complex psychological assessment and may lead to inconsistent verdicts.

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Evaluation in Criminal Law revision questions

What does Evaluation in Criminal Law cover in OCR A-Level Law?

1 subtopics: evaluating criminal law. Each one has its own page with questions and model answers.

How is Evaluation in Criminal Law organised?

By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.