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ILE: Criminal Law and Procedure

ILE · Work through your exam, one topic at a time.

All guide sections

Criminal Law and Procedure

Building the offence

Analyse every offence in the same sequence: identify the elements, then the actus reus (conduct, circumstances, consequences, causation), then the mens rea (intention, recklessness, knowledge, negligence), then confirm that actus reus and mens rea coincided. Understand omissions liability (only where a duty exists - statute, contract, relationship, voluntary assumption, creation of danger), transferred malice, strict liability, inchoate offences and secondary participation (aiding, abetting, counselling, procuring; joint enterprise).

Defences

Self-defence (proportionate force), duress by threats and by circumstances, necessity, intoxication (specific versus basic intent), automatism, insanity, mistake and provocation-type partial defences where available. Remember that for most defences the accused bears only an evidential burden; the prosecution retains the legal burden of disproving the defence once it is raised.

Procedure

Know the standard of proof (beyond reasonable doubt for the prosecution), the presumption of innocence, arrest and detention safeguards, the right to silence and its limits, bail principles, charge, the book of evidence and return for trial, plea and plea bargaining, trial by judge and jury, verdict, sentencing options and appeal routes. Know the difference between a summary offence and an indictable offence and where each is tried.

Trap: mixing the criminal standard with the civil standard, and assuming the defence must prove self-defence or duress.

Rule of thumb: for any problem question, run the chain - offence elements → actus reus → mens rea → coincidence → defences → procedure and evidence.