Criminal Law and Procedure
Criminal law defines offences and defences; criminal procedure governs how offences are investigated, charged and tried. A sergeant must know the elements of common offences (assault, theft, burglary, criminal damage, public order offences), the mens rea required, and the procedural consequences that flow from classification - summary versus indictable, and the role of the Director of Public Prosecutions.
Concepts to master
- Actus reus and mens rea; strict liability offences where mens rea is not required.
- Classification: summary offences (District Court), indictable offences (trial on indictment), and hybrid offences.
- Defences: self-defence, necessity, duress, intoxication (specific limits), mistake.
- Inchoate offences: attempt, conspiracy, incitement.
- The distinction between arrest powers and charging decisions.
Traps
- Assuming every arrest leads to a charge; discretion and diversion exist.
- Confusing the offence's classification with the court that actually hears it.
- Overlooking a defence that negates mens rea.
Rule of thumb
For every offence, state the definition, the elements, the classification, and the available defences before deciding on action. Worked example: in an assault case, identify (1) the act causing harm or apprehension, (2) intention or recklessness, (3) absence of lawful justification such as self-defence, and (4) whether the level of harm makes it summary or indictable. Only then consider arrest, charge or summons.