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EnglandLegal Studies

3.2 Criminal law

6 dot points across 6 inquiry questions. Click any dot point for a focused answer with worked past exam questions where available.

What must the prosecution prove to establish criminal liability?

Actus reus and mens rea: conduct, consequence and circumstance, omissions, causation, intention and recklessness, transferred malice, and the coincidence of actus reus and mens rea.
A focused answer to the AQA A-Level Law actus reus and mens rea topic, covering conduct and consequence crimes, liability for omissions, factual and legal causation, intention and recklessness, transferred malice and the coincidence rule.
11 min answer →

When can a defendant who has committed the actus reus and mens rea still avoid liability?

General defences in criminal law: insanity, automatism, intoxication, self-defence and prevention of crime, consent, duress and necessity.
A focused answer to the AQA A-Level Law criminal defences topic, covering insanity, automatism, intoxication, self-defence and prevention of crime, consent and duress, with the leading authorities for each.
12 min answer →

When does an unlawful killing amount to murder, and when is it reduced to manslaughter?

Fatal offences: the actus reus and mens rea of murder, the partial defences of loss of control and diminished responsibility, and voluntary and involuntary manslaughter.
A focused answer to the AQA A-Level Law fatal offences topic, covering the actus reus and mens rea of murder, the partial defences of loss of control and diminished responsibility, and unlawful act and gross negligence manslaughter.
12 min answer →

How does the law distinguish between the different non-fatal offences against the person?

Non-fatal offences against the person: assault, battery, assault occasioning actual bodily harm, and malicious wounding or inflicting grievous bodily harm under sections 47, 20 and 18.
A focused answer to the AQA A-Level Law non-fatal offences topic, covering assault and battery, section 47 ABH, section 20 malicious wounding and inflicting GBH, and section 18 wounding with intent, with the actus reus and mens rea of each.
11 min answer →

What must be proved to convict someone of theft or robbery?

Property offences: the elements of theft under the Theft Act 1968 (appropriation, property, belonging to another, dishonesty and intention to permanently deprive) and robbery.
A focused answer to the AQA A-Level Law property offences topic, covering the five elements of theft under the Theft Act 1968 (appropriation, property, belonging to another, dishonesty and intention to permanently deprive) and the offence of robbery.
11 min answer →

What are the underlying rules and theories that shape the criminal law?

Rules and theory of criminal law: the purposes of criminal law, the relationship between criminal law and morality and justice, fault, and the harm principle.
A focused answer to the AQA A-Level Law rules and theory of criminal law topic, covering the purposes of criminal law, the relationship between criminal law and morality and justice, the concept of fault, and the harm principle.
9 min answer →