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Concept of criminal liability - revision notes.
Member rating: No Rating | Words: | Submitted: Mon Sep 08 2003
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Module 3 - Concept of criminal liability MENS REA - Guilty Mind ACTUS REUS - Act Done Mens Rea and NO Actus Reus = No Criminal Liability NO Mens Rea and Actus Reus = Strict Criminal Liability Basic criminal procedures Criminal: - * Arrested and charged by the police * CPS * Appear in Magistrates Court at 1st opportunity. Preliminary hearing (committal proceedings) The Defendant pleads guiltily or not guilty. Magistrates set a date for next hearing. * A date set for sentence or subsequent trial. Bail conditions set or rejected. Legal aid may be given. Magistrates may throw the case out because there is no case to answer. There are 3 criminal cases: - 1. Summary - Only ever heard in Magistrates Court 2. Trial Either Way - 1861 OAPA s47 ABH / Mode of trial hearing 3. Indictable - Serious offences heard in Magistrates then Crown The main functions of an Appeal court is to: - * Uphold the decision * Overturn the decision * Substitute a lower sentence * Substitute a lower offence * Order a retrial Judicial Precedent Law...
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