Chapter 1: English Legal System and Its Context

The English legal system is the framework of laws and courts that
govern England and Wales. It includes the rules, principles, and
procedures that regulate behavior, resolve disputes, and ensure
justice.
Sources of Law:
 Statute Law (Legislation): Laws made by Parliament. These are
written laws passed through the legislative process. Examples
include Acts of Parliament like the Theft Act 1968.
 Common Law (Judge-Made Law): Law developed by judges
through decisions in individual cases. When judges decide cases,
they create precedents that guide future decisions. This system is
also called case law.
 European Union Law: While the UK has left the EU, some EU
laws and principles still influence domestic law, especially during
the transition.
 European Convention on Human Rights (ECHR): Incorporated
into UK law by the Human Rights Act 1998, protecting fundamental
rights like the right to a fair trial.
Branches of Law:
 Criminal Law: Deals with behavior offenses against society (e.g.,
theft, murder). The state prosecutes offenders.
 Civil Law: Governs disputes between private individuals or
organizations, such as contract or tort claims.
Principles of the Legal System:
 Rule of Law: No one is above the law; laws must be clear, public,
and applied equally.
 Separation of Powers: Divides government functions into three
branches:
o Legislature (Parliament) makes laws.
o Executive (Government) implements laws.
o Judiciary (Courts) interprets and applies laws.
Court System:
 Includes criminal courts (Magistrates’ and Crown Courts) and civil
courts (County Court, High Court).
 The system ensures justice is accessible and disputes are
resolved fairly.
Legal Rights:
 Individuals have rights protected by law, such as the right to a fair
trial and protection of property.
 Chapter 2: Parliamentary Law Making
Parliament is the supreme law-making body in the UK, responsible
for creating statutes (Acts of Parliament) which form a major part
of the law. Understanding how Parliament makes laws and the
limits on its powers is key.

Structure of Parliament
 House of Commons: Elected members (MPs) who debate and
vote on laws.
 House of Lords: Mostly appointed members (life peers, bishops,
hereditary peers) who review and suggest amendments.
 The Monarch: Gives Royal Assent to a bill to make it law (formal
approval, now a formality).

Types of Bills
 Public Bills: Affect the whole country or large groups of people
(e.g., criminal law changes).
 Private Bills: Affect specific individuals or organizations (rare).
 Hybrid Bills: Contain elements of both public and private,
affecting certain groups or areas differently.

The Law-Making Process (Stages of a Bill)

1. First Reading: The bill is introduced and its main aims are read
out; no debate occurs.
2. Second Reading: Members debate the general principles and
vote. If approved, the bill moves forward.
3. Committee Stage: Detailed examination of the bill by a committee
of MPs or Lords who can propose amendments.
4. Report Stage: The whole House reviews the committee’s
amendments and can suggest further changes.
5. Third Reading: Final chance for debate on the bill in its amended
form before a vote.
6. House of Lords: The bill goes through the same stages in the
Lords. They may agree, reject, or amend it.
7. Consideration of Amendments: Both Houses must agree on the
final wording. If there are disagreements, the bill goes back and
forth (called "ping pong").
8. Royal Assent: The Monarch formally approves the bill, making it
an Act of Parliament and law.

Parliamentary Sovereignty
 Parliament can make or unmake any law.
 No Parliament can bind a future Parliament.
 No court can overrule an Act of Parliament.

Limitations on Parliamentary Law-Making

 EU Law: When the UK was in the EU, EU law took precedence.
Post-Brexit, retained EU law still has influence.
 Human Rights Act 1998: Courts can declare laws incompatible
with the ECHR, putting political pressure on Parliament.
 Political and Practical Limits: Public opinion, party politics, and
practical enforceability restrict Parliament’s freedom.

Importance of Parliamentary Law Making

 Allows democratic control of law.
 Laws reflect current social, economic, and political needs.
 Provides detailed, precise rules for society.

Chapter 3: Delegated Legislation

Delegated legislation refers to laws made by individuals or bodies
other than Parliament, under powers granted to them by an Act of
Parliament (known as the enabling or parent Act). It allows laws
to be made more quickly and by those with technical expertise,
without requiring Parliament to debate every detail.

Why Delegated Legislation?

 Parliament cannot deal with every small detail or rapidly changing
situations.
 Delegated legislation is more flexible and can be made quickly.
 Experts or local authorities can create detailed rules within the
framework set by Parliament.

Types of Delegated Legislation

1. Statutory Instruments (SIs):
o Most common form.
o Made by government ministers.
 oUsed to fill in details or update existing laws (e.g., changing
tax rates or safety regulations).
o Thousands are made each year.
2. By-laws:
o Made by local authorities or public corporations.
o Apply locally (e.g., parking rules, dog control orders).
o Must be approved by the relevant government minister.
3. Orders in Council:
o Made by the Queen and Privy Council.
o Used in emergencies or to bring Acts into force.
o Can also be used to create laws in overseas territories.

Controls Over Delegated Legislation

To prevent misuse or errors, delegated legislation is controlled by
Parliament and the courts:
Parliamentary Controls:
 Affirmative Resolution Procedure: The statutory instrument
must be explicitly approved by Parliament before it becomes law.
 Negative Resolution Procedure: The statutory instrument
becomes law unless Parliament objects within a set time.
 Scrutiny Committees: Committees examine delegated legislation
for issues like going beyond powers or unclear language.
Judicial Controls (Judicial Review):
 Courts can declare delegated legislation ultra vires (beyond
powers) if:
o It exceeds the authority granted by the enabling Act
(substantive ultra vires).
o The correct procedure was not followed when making the
law (procedural ultra vires).
 If ultra vires, the law is invalid.

Advantages of Delegated Legislation

 Saves Parliamentary time.
 Allows experts to create technical laws.
 Can be made and changed quickly.
 Local issues can be addressed by local authorities.

Disadvantages of Delegated Legislation

 Less democratic as it is not debated in Parliament fully.
 Risk of abuse of power.
 Can be complex and difficult to access.
 Large volume makes scrutiny challenging.
Chapter 4: Statutory Interpretation
Statutory interpretation is the process by which judges interpret
and apply legislation (Acts of Parliament) when the meaning of the
words in the statute is unclear or ambiguous. Since statutes can
be broadly drafted or contain vague language, interpretation
ensures that the law is applied fairly and sensibly.

Why Is Statutory Interpretation Needed?

 Language can be ambiguous or outdated.
 New situations arise that Parliament did not foresee.
 Mistakes or omissions can occur in drafting.
 Words may have multiple meanings.

Rules of Statutory Interpretation

Judges use three main rules to decide the meaning of words in a
statute:
1. Literal Rule:
o The judge gives words their plain, ordinary, grammatical
meaning.
o If the words are clear, the literal meaning must be followed
even if the outcome seems harsh or unfair.
o Example: In Whitely v Chappell (1868), the literal
interpretation of “person entitled to vote” led to the acquittal
of a man impersonating a dead person because dead people
were not “entitled” to vote.
2. Golden Rule:
o Used if the literal meaning leads to absurd or unjust results.
o Judges can modify the meaning to avoid such outcomes but
only to the extent necessary.
o Example: In Adler v George (1964), “in the vicinity of” was
interpreted to include “in” to avoid absurdity.
3. Mischief Rule:
o Focuses on the “mischief” or defect the law intended to
remedy.
o Judges look at the law before the statute and interpret the
statute to suppress the mischief.
o Example: Smith v Hughes (1960), where activities conducted
from balconies were held to fall under the offence.
 Aids to Interpretation
Judges also use various aids to help understand the statute:
 Intrinsic Aids: Found within the statute itself.
o Examples: Definitions section, preamble, long title, headings.
 Extrinsic Aids: External materials to the Act.
o Examples:
 Hansard (parliamentary debates) for the purpose
behind the law.
 Dictionaries to check meaning at the time.
 Previous case law interpreting similar words.
 Law reform reports or international treaties.

Impact of Statutory Interpretation

 Allows flexibility and adaptability in applying the law.
 Judges play an important role in shaping how statutes work in
practice.
 Can sometimes lead to controversy if judges appear to “make”
rather than interpret law.

Chapter 5: Judicial Precedent

Judicial precedent, also called case law or stare decisis, is a
fundamental principle in the English legal system where past
judicial decisions create legal rules that courts follow in future
cases with similar facts. This ensures consistency, predictability,
and fairness in the law.

What Is Judicial Precedent?

 Judges decide cases based on the law, and their written decisions
become precedents (examples) for later judges to follow.
 The ratio decidendi is the legal reasoning or principle behind a
decision. It is binding on lower courts.
 Other parts of the judgment, such as comments or observations
(called obiter dicta), are persuasive but not binding.

Hierarchy of Courts and Binding Precedent

 The English court system is hierarchical. Higher courts’ decisions
bind lower courts.
 Supreme Court: Its decisions bind all lower courts.
 Court of Appeal: Binds lower courts but generally follows
Supreme Court decisions.
 High Court: Binds lower courts such as County Courts and
Magistrates’ Courts.
 Lower courts must follow binding precedents from higher courts.

Types of Precedent
 Binding Precedent: Must be followed if facts and legal principles
are similar.
 Persuasive Precedent: Not binding but may influence a judge’s
decision. Examples include decisions from courts at the same
level, lower courts, or courts in other jurisdictions.

How Precedent Works in Practice

 When a judge faces a case, they look for precedents with similar
facts.
 If precedent exists, the judge must follow it unless a valid reason
exists to depart from it.

Exceptions and Flexibility in Precedent

 Distinguishing: If facts of the current case differ from precedent,
the judge can avoid following it.
 Overruling: A higher court can overturn a precedent set by a lower
court in a different case.
 Reversing: A higher court changes the decision of a lower court in
the same case on appeal.
 Practice Statement (1966): The Supreme Court may depart from
its own previous decisions when it is right to do so, allowing
flexibility.

Advantages of Judicial Precedent

 Provides certainty and predictability.
 Ensures consistency in the law.
 Develops the law gradually and adaptively.
 Judges can fill gaps where statutes are silent.

Disadvantages of Judicial Precedent

 Can be rigid and slow to change.
 Volume of cases can make finding relevant precedents difficult.
 Conflicting precedents may create confusion.
 Judges may make law without democratic input.

Chapter 6: Civil Courts and Civil Process

Civil courts deal with disputes between individuals or organizations
where one party claims that another has breached legal duties,
such as contracts or torts. The main aim is to resolve conflicts fairly
and provide remedies, often in the form of damages (money) or
injunctions (court orders).

The Civil Court Hierarchy

1. County Court:
o Deals with most civil cases, including contract disputes, tort
claims (e.g., negligence), and family matters.
o Cases here are usually less complex and involve smaller
sums of money.
2. High Court:
o Handles more complex or high-value cases.
o Divided into three divisions:
 Queen’s Bench Division: Contract disputes, personal
injury claims, and judicial review.
 Chancery Division: Disputes involving business,
property, trusts, and insolvency.
 Family Division: Complex family cases.
3. Court of Appeal (Civil Division):
o Hears appeals from the High Court and County Court.
4. Supreme Court:
o The highest court, hears appeals on important points of law.

Civil Procedure
 Governed by the Civil Procedure Rules (CPR) which ensure
cases are dealt with justly and efficiently.
 The process involves:
1. Pre-action protocols: Encouraging parties to exchange
information and settle before court.
2. Claim Form: The claimant starts the case by filing a claim
form.
3. Defence: The defendant responds to the claim.
4. Case Management: Court manages the progress of the
case to avoid delays.
 5. Trial: Parties present evidence and arguments.
6. Judgment: The court decides who wins and what remedy
applies.

Burden and Standard of Proof

 Burden of Proof: Usually lies on the claimant to prove their case.
 Standard of Proof: On the balance of probabilities (more likely
than not).

Remedies in Civil Law

 Damages: Monetary compensation to put the claimant in the
position they would have been in without the wrong.
 Injunctions: Court orders requiring someone to do or stop doing
something.
 Specific Performance: Ordering a party to fulfill a contract (rare).

Advantages of Civil Courts

 Formal system with clear rules.
 Remedies aim to compensate or correct wrongs.
 Appeals provide a system of review.

Disadvantages of Civil Courts

 Can be slow and expensive.
 Complex procedures may be difficult for laypersons.
 Emotional strain on parties involved.

Chapter 7: Alternative Methods of Dispute Resolution (ADR)

ADR refers to ways of resolving disputes outside the formal court
system. It aims to provide quicker, cheaper, and less adversarial
solutions.

Types of ADR
1. Negotiation:
o Parties communicate directly to reach a voluntary
agreement.
o No third party is involved.
o Most informal method.
2. Mediation:
 o A neutral third party (mediator) helps the parties discuss
issues and find a mutually acceptable solution.
o Mediator does not impose a decision.
o Often used in family disputes and commercial conflicts.
3. Conciliation:
o Similar to mediation but the conciliator may suggest possible
solutions.
o Used in industrial disputes.
4. Arbitration:
o Parties agree to appoint an arbitrator who hears evidence
and makes a binding decision.
o More formal than mediation or conciliation but usually less
formal than courts.
o Often used in commercial or international disputes.

Advantages of ADR
 Generally quicker and cheaper than court cases.
 Less formal and intimidating.
 Parties have more control over the process and outcome.
 Can preserve relationships by encouraging cooperation.
 Confidential and private.

Disadvantages of ADR
 No guaranteed resolution (except arbitration).
 May not be suitable for all disputes, especially where legal
precedent is important.
 Lack of formal rules can disadvantage weaker parties.
 Arbitration decisions are binding and difficult to appeal.

ADR is encouraged by courts, especially for civil cases, to reduce

the burden on the legal system and offer better outcomes for
parties.

Chapter 8: Criminal Courts and Criminal Process

Criminal courts deal with offences against the state or society,
aiming to punish offenders and protect the public. The criminal
process outlines how a person accused of a crime is dealt with
through the justice system.
 The Criminal Court Hierarchy
1. Magistrates’ Court:
o Deals with summary offences (minor crimes) and preliminary
hearings for indictable offences.
o Handles about 95% of criminal cases.
o Trials are by magistrates (lay judges) or a district judge.
o Sentencing powers are limited (up to 6 months
imprisonment, or 12 months for multiple offences).
2. Crown Court:
o Deals with indictable offences (serious crimes like murder,
robbery).
o Trials are by judge and jury (12 members).
o Also handles appeals from Magistrates’ Court and
sentencing.
3. Court of Appeal (Criminal Division):
o Hears appeals against conviction or sentence from the
Crown Court.
4. Supreme Court:
o Hears appeals on points of law from the Court of Appeal.

Criminal Process Overview

1. Investigation and Arrest: Police investigate and may arrest
suspects.
2. Charge: Police or Crown Prosecution Service (CPS) decide
whether to charge.
3. First Hearing: Usually at Magistrates’ Court where bail or remand
is considered.
4. Plea: Defendant enters a plea of guilty or not guilty.
5. Trial:
o Summary offences: Magistrates’ Court trial.
o Indictable offences: Crown Court trial by jury.
6. Verdict: Decision of guilt or innocence.
7. Sentencing: If guilty, the judge or magistrates decide the penalty.
8. Appeals: Defendant or prosecution may appeal.

Burden and Standard of Proof

 Burden of Proof: Lies with the prosecution.
 Standard of Proof: Beyond reasonable doubt (very high standard
to protect innocent accused).
 Key Terms
 Summary Offences: Minor crimes tried only in Magistrates’ Court.
 Indictable Offences: Serious crimes tried in Crown Court.
 Either-way Offences: Can be tried in either Magistrates’ or Crown
Court depending on seriousness.

Chapter 9: Police Powers

Police powers are the legal authorities granted to the police to
enforce the law, maintain public order, and protect citizens. These
powers are balanced against individual rights and freedoms, and
their use is regulated by law.

Key Police Powers

1. Power of Arrest:
o Police can arrest a person without a warrant if they suspect
involvement in a crime.
o The arrested person must be informed of the reason for
arrest and their rights (e.g., right to remain silent).
o The PACE 1984 (Police and Criminal Evidence Act) sets out
rules for lawful arrest.
2. Stop and Search:
o Police can stop and search individuals or vehicles if they
have reasonable grounds to suspect possession of stolen
goods, weapons, drugs, or evidence of a crime.
o Must be conducted legally and respectfully.
3. Detention:
o After arrest, suspects can be detained for questioning for up
to 24 hours (can be extended in serious cases).
o Must be treated fairly with access to legal advice.
4. Questioning:
o Suspects are questioned to gather evidence.
o They have the right to remain silent to avoid self-
incrimination.
5. Entry and Search of Premises:
o Police need a warrant to enter and search premises unless
in emergencies (e.g., to prevent serious harm or loss of
evidence).
 Safeguards and Controls
 Police actions are regulated by laws such as PACE 1984 and
codes of practice.
 Suspects have rights, including access to a solicitor, protection
from unlawful detention, and fair treatment.
 Misuse of powers can lead to evidence being excluded in court or
police disciplinary action.

Importance of Police Powers

 Enable effective investigation and prevention of crime.
 Must be balanced with protecting civil liberties and human rights.
 Subject to oversight by courts and independent bodies.

Chapter 10: The Judiciary – Superior and Inferior Judges

The judiciary is a key part of the English legal system, responsible
for interpreting laws, applying justice, and ensuring the rule of law.
Judges are independent and impartial, acting as neutral arbiters in
legal disputes.

Types of Judges
1. Superior Judges:
o Include judges of the Supreme Court, Court of Appeal, High
Court, and some Crown Court judges.
o Deal with complex and important cases.
o Their decisions set binding precedents for lower courts.
o Examples:
 Supreme Court Justices
 Lord Justices of Appeal (Court of Appeal)
 High Court Judges
2. Inferior Judges:
o Deal with less serious cases in lower courts such as
Magistrates’ Courts or County Courts.
o Include District Judges and Magistrates (lay judges).
o Magistrates are volunteers with no formal legal qualifications.

Appointment and Qualifications

 Superior judges are usually appointed from experienced barristers
or solicitors.
 They must have a minimum number of years in legal practice
(usually 7–10 years).
 Inferior judges may have less experience and include legally
qualified judges or laypersons (magistrates).

Roles and Functions of Judges

 Interpreting and applying law: Ensuring cases are decided
according to the law.
 Managing trials: Overseeing court procedures fairly.
 Sentencing: Deciding penalties in criminal cases.
 Making precedent: Higher court judges create binding legal
principles.

Judicial Independence
 Judges must be free from influence by the government, media, or
other parties.
 Independence ensures fairness and public confidence in the
justice system.
 Judges cannot be removed without good cause and follow codes
of conduct.

Chapter 11: Legal Professionals

Legal professionals play crucial roles in the justice system,
representing clients, providing advice, and assisting courts. The
two main branches are solicitors and barristers, each with distinct
roles and training.

Solicitors
 Role:
o Provide legal advice to clients (individuals, businesses,
government).
o Handle legal paperwork, negotiations, and may represent
clients in lower courts.
o Prepare cases for barristers to present in higher courts.
 Training:
o Law degree or conversion course, followed by the Legal
Practice Course (LPC).
o Then a training contract with a law firm.
 Work: Often in law firms, corporations, or government agencies.

Barristers
 Role:
o Specialists in advocacy (representing clients in court).
o Provide expert legal opinions.
o Often instructed by solicitors to appear in higher courts.
 Training:
o Law degree or conversion course, followed by the Bar
Professional Training Course (BPTC).
o Then a period of pupillage (apprenticeship) with experienced
barristers.
 Work: Usually self-employed, working in chambers.

Other Legal Professionals

 Legal Executives: Qualified through the Chartered Institute of
Legal Executives (CILEX).
 Paralegals: Support solicitors and barristers with research and
administrative work.
 Judges: Often appointed from experienced barristers or solicitors.

Rights of Audience
 Solicitors: Traditionally limited to lower courts but increasingly
have rights to appear in higher courts with additional qualifications.
 Barristers: Full rights of audience in all courts.

Professional Conduct
 Legal professionals must adhere to codes of ethics, including
confidentiality, honesty, and acting in clients’ best interests.
 Regulated by professional bodies such as the Solicitors Regulation
Authority (SRA) and the Bar Standards Board (BSB).

Chapter 12: Lay Personnel

Lay personnel are non-legally qualified people who perform
important roles within the justice system. Their involvement helps
bring community perspectives and supports the functioning of
courts.

Types of Lay Personnel

1. Magistrates (Justices of the Peace):
o Volunteer judges who hear cases in Magistrates’ Courts.
o Usually sit in benches of three.
o Decide verdicts and sentences for minor criminal cases and
some civil matters.
o No formal legal qualifications but receive training.
o Represent local community values.
2. Jurors:
o Members of the public who serve on a jury in Crown Court
trials.
o Typically 12 jurors.
o Decide verdicts in criminal cases based on evidence.
o Must be impartial and follow legal directions from the judge.
3. Court Clerks:
o Legally qualified professionals who assist magistrates by
providing legal advice on procedure and law.
o Ensure trials run smoothly and fairly.
4. Lay Observers and Witnesses:
o Members of the public or victims who may participate by
observing or providing testimony.

Importance of Lay Personnel

 Bring public participation and transparency to the justice system.
 Provide community representation in decision-making.
 Help ensure justice is grounded in society’s values.

Challenges
 Lay people may lack legal knowledge, requiring training and
guidance.
 Potential for bias or misunderstanding complex evidence.
 Chapter 13: Actus Reus and Mens Rea
Criminal liability requires two essential elements: actus reus (the
physical act) and mens rea (the mental element). Both must
generally be present for a defendant to be found guilty.

Actus Reus (Guilty Act)

 The actus reus is the external, physical element of the crime —
what the defendant actually does (or fails to do).
 It can include:
o Conduct: The voluntary act (e.g., hitting someone).
o Circumstances: Certain conditions must exist (e.g., theft
requires property belonging to another).
o Consequences: Some crimes require specific results (e.g.,
death in murder).
 The act must be voluntary — involuntary acts (e.g., reflexes or
seizures) are not criminal.
 Omissions: Sometimes failing to act (e.g., not feeding a
dependent) can amount to actus reus if there is a legal duty.

Mens Rea (Guilty Mind)

 The mens rea is the mental element, showing the defendant's
state of mind or intention when committing the actus reus.
 Types of mens rea include:
 o Intention: Purposeful decision to bring about a
consequence.
o Recklessness: Conscious disregard of a substantial risk.
o Negligence: Failing to meet a reasonable standard of care
(sometimes used in criminal law).
o Knowledge or belief in certain circumstances (e.g.,
handling stolen goods).

Causation
 For crimes requiring a consequence (e.g., murder), the
prosecution must prove the defendant’s act caused the result.
 Tests include:
o Factual causation (“but for” test): But for the defendant’s
act, would the result have occurred?
o Legal causation: The act must be a significant cause, not
too remote or interrupted by another cause.

Strict Liability Offences

 Some offences do not require mens rea for all elements — liability
is imposed without proof of intent or recklessness (e.g., some
regulatory offences).
 These offences are usually minor and punish public welfare
crimes.

Chapter 14: Theft

Theft is a common criminal offence involving the dishonest
appropriation of property belonging to another with the intention to
permanently deprive.

Definition and Legal Elements (Theft Act 1968, Section 1)

To prove theft, the prosecution must establish the following
elements:
1. Appropriation:
o Assuming the rights of the owner over the property.
o Includes taking, using, selling, or destroying the property.
o Can occur even if the owner consents if obtained by
deception.
2. Property:
 o Includes money, physical objects, real property (land), and
things in action (e.g., debts).
o Wild plants or animals are generally not considered property
unless taken for reward or sale.
3. Belonging to Another:
o The property must belong to someone else who has
possession or control over it.
o This includes situations where the defendant has possession
but not full ownership (e.g., borrowed goods).
4. Dishonesty:
o The defendant’s appropriation must be dishonest.
o The Ghosh test (now replaced by the Ivey test):
 Did the defendant’s conduct appear dishonest by the
standards of reasonable people?
 Did the defendant realize that reasonable people would
regard the conduct as dishonest?
5. Intention to Permanently Deprive:
o The defendant must intend to treat the property as their own
to dispose of it or not return it.

Key Points and Cases

 Appropriation can be one act or a continuing act.
 Borrowing without consent can amount to theft if the intention is to
keep it permanently or for a period making it equivalent to
permanent deprivation.
 Even if the defendant believes they have a legal right to the
property, they may still be dishonest.

Defences
 Honest belief in the right to property.
 Consent by the owner.
 No intention to permanently deprive.

Chapter 15: Robbery

Robbery is a more serious offence than theft because it involves
the use or threat of force to steal property.

Definition (Theft Act 1968, Section 8)

 Robbery occurs when a person:
 Steals (i.e., commits theft), and
 Immediately before or at the time of stealing, uses or threatens
force on any person,
 In order to steal.

Key Elements of Robbery

1. Theft:
o All elements of theft (appropriation, property, belonging to
another, dishonesty, intention to permanently deprive) must
be present.
2. Use or Threat of Force:
o The force must be used on a person (not property).
o It can be minimal but must be more than mere snatching.
o Force or threat must be immediately before or at the time
of stealing (not after).
3. Purpose of Force:
o The force/threat must be used to steal or facilitate the theft.

Examples and Cases

 Force can be grabbing a bag, pushing a victim, or threatening
violence to scare someone into handing over property.
 In R v Dawson and James (1976), even a slight physical jostling
was sufficient force for robbery.
 In R v Hale (1979), the act of tying up the victim after stealing was
considered part of the robbery since it was a continuing act.

Sentencing and Severity

 Robbery is an indictable offence, tried in Crown Court.
 It carries a heavy penalty, potentially life imprisonment depending
on severity.

Chapter 16: Burglary

Burglary involves entering a building as a trespasser with the intent
to commit certain offences inside.

Definition (Theft Act 1968, Sections 9(1)(a) and 9(1)(b))

There are two types of burglary:
1. Section 9(1)(a):
o A person enters a building or part of a building as a
trespasser,
o With intent to steal, inflict grievous bodily harm (GBH), or
do unlawful damage.
2. Section 9(1)(b):
o Having entered a building or part of a building as a
trespasser,
o The person actually steals or inflicts GBH.

Key Elements
1. Entry:
o Can be any part of the body or an instrument (e.g., arm,
crowbar).
o Can be partial entry, e.g., reaching through a window.
2. Building or Part of a Building:
o Includes houses, shops, warehouses, and sometimes
vehicles or tents (if suitable for habitation).
o Part of a building can be a specific area within a building.
3. Trespasser:
o Someone who enters without permission or legal right.
4. Intent or Actual Commission of Crime:
o For 9(1)(a), intent to steal, cause GBH, or damage must exist
at entry.
o For 9(1)(b), the actual commission of theft or GBH must
occur after entry.

Important Points and Cases

 R v Brown (1985): Even partial entry (putting arm through a
window) counts as entry.
 R v Collins (1973): If entry is by invitation or with permission, no
trespass.
 R v Walkington (1979): Entering a restricted part of a building
without permission can be trespass.

Sentencing
 Burglary is an indictable offence, tried in Crown Court.
 Penalties vary depending on whether it is domestic burglary or
commercial, with higher sentences for violence or repeat
offenders.
 Chapter 17: Blackmail
Blackmail is a criminal offence involving making unwarranted
demands with menaces, intending to gain or cause loss.

Definition (Theft Act 1968, Section 21)

A person is guilty of blackmail if, with a view to gain for themselves
or another or with intent to cause loss to another, they make an
unwarranted demand with menaces.

Key Elements
1. Demand:
o A request or demand for money, property, or some action.
o Can be express or implied.
2. Menaces:
o Threats of harm or evil, which can be physical, financial, or
reputational.
o Threats must be such as to coerce a reasonable person to
comply.
3. Unwarranted Demand:
o The demand is not legally justified, or the person making it
does not believe they have reasonable grounds.
o The demand is considered unwarranted if it’s without
reasonable cause or the menaces are used improperly.
4. Intent:
o The demand must be made with the intent to gain (for self or
others) or cause loss (to the victim or another).

Important Points and Cases

 R v Clear (1968): Demand must be clear.
 R v Collister and Warhurst (2003): Threats can include harm to
reputation or exposing secrets.
 The victim’s reaction is relevant, but it must be reasonable to feel
threatened.

Defences
 Honest belief in the right to make the demand.
 Lack of intent to gain or cause loss.
 Sentencing
 Blackmail is an indictable offence.
 Penalties can be severe, including imprisonment.

Chapter 18: Handling Stolen Goods

Handling stolen goods is an offence involving receiving, retaining,
or assisting in dealing with property known or believed to be
stolen.

Definition (The Theft Act 1968, Section 22)

A person is guilty of handling stolen goods if, knowing or
believing them to be stolen, they:
 Receive the goods,
 Dispose of them,
 Arrange to receive or dispose of them, or
 Assist in their retention, removal, disposal, or realization by or for
the benefit of another person.

Key Elements
1. Goods:
o Must be stolen property.
o The offence is about dealing with goods after the theft has
occurred.
2. Knowledge or Belief:
o The defendant must know or believe the goods are stolen.
o Actual knowledge is not necessary; suspicion combined with
recklessness can suffice.
3. Handling:
o Receiving, selling, or helping someone to keep or sell stolen
goods.

Important Cases
 R v Hale (1979): Even if the defendant did not steal the goods
personally, they can be guilty of handling.
 R v Ghosh (1982): The defendant’s belief about the goods being
stolen is crucial.
 Defences
 Lack of knowledge or belief that the goods were stolen.
 Honest mistake or reasonable grounds for believing goods were
not stolen.

Sentencing
 Handling stolen goods is an indictable offence, punishable with
imprisonment.
 Severity depends on the value and nature of the goods.

Chapter 19: Making Off Without Payment

Making off without payment is a criminal offence that involves
leaving a place where payment is required without settling the bill
or debt.

Definition (The Theft Act 1978, Section 3)

A person is guilty if they:
 Know that payment on the spot is required or expected,
 Dishonestly make off without paying,
 With the intention of avoiding payment permanently.

Key Elements
1. Making Off:
o Leaving the spot where payment is expected or required
(e.g., restaurant, petrol station).
o The departure must be intentional and with the aim to avoid
payment.
2. Payment on the Spot:
o Payment must be legally required or expected immediately.
o Examples include dining at a restaurant, filling petrol, or
using a taxi service.
3. Dishonesty:
o The defendant must act dishonestly, meaning they know
payment is due and intend to avoid it.
4. Intention to Avoid Payment Permanently:
o Temporary failure to pay does not qualify; the intent must be
to permanently avoid payment.
 Important Cases
 R v Allen (1985): The defendant made off but later returned to
pay; no intention to avoid payment permanently, so not guilty.
 R v Brooks and Brooks (1983): Leaving without payment after
consuming services or goods constitutes the offence.

Defences
 Belief that payment was not required or expected.
 Intention to pay later.

Sentencing
 Summary offence, tried in Magistrates’ Court.
 Penalties include fines or imprisonment, depending on the case.

Chapter 20: Criminal Damage

Criminal damage involves intentionally or recklessly destroying or
damaging property belonging to another without lawful excuse.

Definition (Criminal Damage Act 1971, Section 1)

A person is guilty if they:
 Destroy or damage any property,
 Belonging to another,
 Intentionally or recklessly,
 Without lawful excuse.

Key Elements
1. Damage or Destruction:
o Can be permanent or temporary, physical or functional
damage.
o Includes breaking, scratching, or rendering property useless.
2. Property:
o Includes land, buildings, and personal property.
o Property must belong to someone else.
3. Belonging to Another:
o Property in possession or control of another person.
4. Intention or Recklessness:
o Intention: purposeful damage or destruction.
 o Recklessness: awareness of risk of damage but proceeding
anyway.
5. Without Lawful Excuse:
o Lawful excuse may exist if the defendant honestly believed
they had consent or acted to protect their own or another’s
property.

Aggravated Criminal Damage (Section 1(2))

 Involves damage that endangers life (not necessarily causing
injury).
 Penalties are more severe, potentially life imprisonment.

Important Cases
 R v Smith (1974): Actual damage can be minor.
 R v G and R (2003): Recklessness includes awareness of risk and
unreasonable taking of that risk.

Sentencing
 Summary or indictable offence depending on severity.
 Penalties range from fines to imprisonment.

Chapter 21: Fraud

Fraud involves dishonest acts to obtain money, property, or
services by deception or false representation.

Types of Fraud (Fraud Act 2006)

1. Fraud by False Representation (Section 2):
o Making a false statement knowingly or dishonestly, intending
to make a gain or cause loss.
o Representation can be spoken, written, or by conduct.
2. Fraud by Failing to Disclose Information (Section 3):
o Failing to disclose information when there is a legal duty to
do so, intending to make a gain or cause loss.
3. Fraud by Abuse of Position (Section 4):
o Dishonestly abusing a position of trust to make a gain or
cause loss.

Key Elements
 Dishonesty:
o The defendant must act dishonestly as per the Ivey test
(objective standard of dishonesty plus defendant’s
knowledge).
 Intention to Make Gain or Cause Loss:
o Gain or loss can be temporary or permanent, monetary or
non-monetary.
 False Representation or Failure to Disclose:
o The falsehood or omission must be deliberate.

Examples
 Using false documents to obtain money.
 Concealing material facts in financial dealings.
 Exploiting a position of power for personal benefit.

Defences
 Lack of dishonesty or intent.
 Honest belief in truth of the representation.

Sentencing
 Indictable offence with penalties including imprisonment and fines.

Chapter 22: Adult Offenders, Young Offenders, and Aims of

Sentencing

Adult and Young Offenders

 Adult Offenders:
o Typically 18 years and older.
o Tried in Crown or Magistrates’ Courts depending on offence.
 Young Offenders:
o Aged 10 to 17 years.
o Special courts and procedures (Youth Courts) focus on
rehabilitation.
o Different sentencing options apply to encourage reform.

Aims of Sentencing
Sentencing aims to balance punishment with social goals. The
main objectives are:
1. Retribution (Punishment):
o The offender pays for the crime committed.
2. Deterrence:
o To discourage the offender and others from committing
crimes.
3. Rehabilitation:
o Helping offenders reform and reintegrate into society.
4. Protection of the Public:
o Preventing offenders from harming society, sometimes
through imprisonment.
5. Reparation:
o Making amends to victims or society, e.g., compensation or
community service.

Types of Sentences
 Custodial Sentences:
o Imprisonment for serious offences.
 Community Orders:
o Supervised orders including unpaid work, curfews, or
rehabilitation programs.
 Fines:
o Monetary penalties for less serious crimes.
 Discharges:
o Conditional or absolute discharge where no immediate
punishment is imposed.

Sentencing Principles
 Sentences must be proportionate to the offence.
 Consider aggravating factors (e.g., previous convictions) and
mitigating factors (e.g., remorse).
