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Rules and Theory of Criminal Law

The rules of criminal law

  • 4 things to know
  • Component 1

Overview

Recall questions on what a crime is, statute and common law as sources of criminal law, the roles of the prosecution and defence, the burden and standard of proof and reverse onus, and the meaning of actus reus and mens rea.

What you need to know

Answer each one before you reveal it.

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Key term

What are statute and common law as sources of criminal law, and which prevails if they conflict?

Key term

On whom does the burden of proof lie in criminal cases?

Key term

How is a crime defined in criminal law?

Key term

Give an example of a common law crime that has never been defined by statute.

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    How is a crime defined in criminal law?

    Model answer

    A crime is conduct prohibited by the state, punishable by sanctions imposed through criminal proceedings, and considered sufficiently harmful to the public interest to warrant prosecution by the state rather than private action.

  2. 2

    What is statute as a source of criminal law in England and Wales?

    Model answer

    Statute refers to Acts of Parliament that create criminal offences and define their elements.

  3. 3

    Which takes precedence when statutory criminal law conflicts with common law?

    Model answer

    Statutory criminal law takes precedence over common law where there is conflict.

  4. 4

    Why must both actus reus and mens rea generally be present for criminal liability?

    Model answer

    Both elements must generally coincide because criminal liability requires proof that the defendant committed a prohibited act while possessing the required guilty state of mind.

  5. 5

    What is the role of the Crown Prosecution Service in criminal proceedings?

    Model answer

    The CPS decides whether to charge suspects and presents the case against the defendant in court on behalf of the state.

  6. 6

    What is the role of the defence in a criminal case?

    Model answer

    The defence represents the accused person and seeks to challenge the prosecution's evidence, raise defences, or argue for acquittal or reduced charges.

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